To repel a beneficiary’s creditors, a trust must contain a spendthrift clause. This special clause generally prohibits a beneficiary from transferring his or her interest in the trust to others. Similarly, a spendthrift clause prevents a beneficiary’s creditors from attaching the assets in the…
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Saul Ewing Arnstein & Lehr
Saul Ewing Arnstein & Lehr LLP is a full-service law firm that offers clients the national reach and sophisticated experience of a large firm and the local connections and value of a boutique firm.
This combination of reach and local autonomy supports our clients with the clout of a mega-firm and the service hallmarks of a boutique. With one firm, our clients get a macro view of the law with a micro focus on their unique legal needs. With 16 offices in Delaware, the District of Columbia, Florida, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York and Pennsylvania, Saul Ewing Arnstein & Lehr serves businesses throughout the United States and internationally. We represent recognizable names in corporate America, exciting start-ups and an array of closely held and privately held companies, as well as nonprofits, governmental and educational entities.
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Delaware Federal Court Imposes Limit on Surety's Liability Under Performance Bond
A recent decision from the United States District Court for Delaware held that a surety was not liable for consequential damages to a building owner after a default by its contractor because the surety’s liability could not be greater than its principal’s liability. See Iron Branch Associates, LP v…
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Massachusetts Federal Court: Contractor and Contractor's Owner Personally Liable for Fraud and Conversion for Failing to Pay Subcontractor; Contractor Also Liable for Millions Resulting From Termination for Cause
A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to the owner resulting from owner’s termination of the contractor for cause…
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SEIU and ABOMA Agree on COVID-19 Vaccination Rules for Unionized Employees
SEIU and ABOMA Agree on COVID-19 Vaccination Rules for Unionized Employees This alert contains time-sensitive material – all building owners or condominium associations that wish to require vaccination must “opt-in” by October 12, 2021 As COVID-19 continues to ravage our country and vaccination…
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Notice and Opportunity to Cure: Only if Specifically Required in a Construction Contract
A Texas appellate court recently ruled that an owner properly terminated its contract with a contractor, despite the owner’s failure to provide the contractor notice and an opportunity to cure. See TPG (Post Oak) Acquisition, LLC, et al. v. Greystone Multi-Family Builders, Inc., et al. , First…
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EEOC Files First Lawsuit Against Employer for Failing to Accomodate Work Request due to COVID-19
Along with the new wave of post-COVID litigation surfacing across the country, the EEOC has now brought its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had requested to work remotely due to COVID-19. In this case, EEOC v…
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President Biden's Mandatory Vaccination Action Plan – More Questions Than Answers
On September 9, 2021, President Biden announced a series of federal COVID-19 mitigation efforts, which represent an invigorated national approach to reduce COVID-19 transmission and rapidly increase vaccination rates across the country. In addition to a pair of executive orders issued by the…
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Combating Material Supply Disruptions and Cost Escalation
The construction industry is confronting new post-COVID challenges – construction materials shortages, extreme material price increases and supply chain disruptions, all of which are exacerbated by economic uncertainty.
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Non-Fungible Tokens and Estate Planning
I am a member of American College of Trust and Estate Counsel (ACTEC) , a national association of estate planning attorneys and law professors who are elected by peers based on reputation, skill, and contributions to the field. ACTEC publishes short podcasts that touch on estate planning issues. A…
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EB-5 Notice of Appeal Webinar with Rohit Kapuria
Rohit Kapuria, partner at Saul Ewing Arnstein & Lehr (SAUL) will participate in an upcoming webinar with EB5 Affiliate Network (EB5AN), a leading EB-5 regional center network.
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Affirmed: Pennsylvania's Appellate Court Says "Yes" to Private Right of Action Under Medical Marijuana Act
In a matter of first impression, Pennsylvania’s Appellate Court issued a decision affirming a private right of action under Pennsylvania’s Medical Marijuana Act (“MMA”) and permitting a claim to proceed for wrongful discharge in violation of Pennsylvania public policy. The Appellate Court’s…
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New Jersey Targets Health Care Entities and High-Risk Congregate Settings for Next Round of Vaccination Mandates
In what has become a national trend, the Garden State has issued an executive order requiring that certain health care entities and high-risk congregate settings implement a vaccination or test policy. Executive Order 252 goes into effect on September 7, 2021, and requires “covered workers” to…
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Kennedy v. Weichert Realtors: Employment Status of Real Estate Salespeople Under-Fire
On July 2, 2021, New Jersey’s Appellate Court upheld a ruling in Kennedy v. Weichert finding that the State’s ABC Test for deciding workers’ employment status applies to classification disputes made under New Jersey’s Wage Payment Law (“WPL”). The Court’s ruling comes just days before a flurry of…
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House at War with Infrastructure as the Battleground
On August 9, 2021, the Senate passed a heavily amended version of the INVEST in America Act approving $1 trillion in infrastructure funding. That same day, House Speaker Nancy Pelosi doubled down on her promise that the House will not consider the infrastructure bill until Biden’s $3.5 trillion…
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Guidelines for the Return to Office – Part 1: How to Handle Masking Under New and Evolving CDC Guidance
The More Things Change . . . This is the first in a series on key issues regarding the “Return to Office”. We started planning this series earlier this summer and, like many of our clients’ plans, it got delayed and kept evolving. We recognize that a significant number of employers have been back…
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Senate Passes $1 Trillion Dollar Infrastructure Bill
On August 9, 2021, the Senate passed a heavily amended version of HR 3684, the INVEST in America Act, which will extend approximately $450 billion in FY2021 infrastructure funds through 2022 and provide more than $547 billion in additional funding for infrastructure projects across the country. The…
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