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The Library
The Summer 2010 edition of the Product Liability Update contains such articles as “Pa. Superior Court Holds That Expert’s Methodology Relying on Extrapolation As Basis of Opinion Regarding Causation is Admissible Under Frye Standard” and “Third Circuit Holds Foreseeable Misuse of a Product Does Not Support a Strict Liability Claim.”
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A federal court recently stripped a company of the protection of the attorney-client privilege because the company failed to take affirmative steps to confirm that its in-house counsel was an active member of the bar.
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New Rule prohibits advisers from providing advisory services for compensation to governmental entities for two-year period
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Agencies Issue Interim Final Regulations Implementing Selected Health Reform Provisions
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A common belief among employers is that, without non-competition agreements, they have no legal basis to prevent employees from competing against them.
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To Be Or Not To Be Grandfathered – That Is The Question
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Other Plan Changes Required by the Affordable Care Act
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Joseph Friedman Authors “What Every IP Litigation Trial Team Needs: An Experienced Commercial Trial Lawyer,” for Westlaw Journal Intellectual Property.
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On May 17, 2010, the Pennsylvania Environmental Quality Board passed a comprehensive set of revisions to Commonwealth rules relating to the management of erosion and sedimentation associated with earth disturbances(i.e., almost anyone who moves dirt).
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In its recent decision in American Needle, Inc. v. National Football League, No. 08-661, Slip Op., 560 U.S. __, 2010 WL 2025207 (May 24, 2010), the United States Supreme Court addressed the antitrust implications of coordinated action between the teams of the National Football League and clarified that the prohibition on conspiracies in restraint of trade contained in Section 1 of the Sherman Act remains applicable to joint ventures throughout the economy.
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On April 9, 2010, the Department of Defense issued final regulations governing TRICARE Secondary Payer rules.
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A number of Township officials and developers recently expressed alarm at the implementation of a new Pennsylvania Department of Environmental Protection policy regarding reviews of sewage planning modules in Exceptional Value watersheds.
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Coming Soon to Your Health Care Plan: Coverage for Adult Children
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Thorp Reed & Armstrong's Insurance & Reinsurance Briefing highlights recent developments in the insurance and reinsurance industry.
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Another Extension for the COBRA Subsidy
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The Spring 2010 edition of the Product Liability Update contains such articles as: “W.D.Pa. Court Strikes Expert Opinion in Chemical Exposure Case Defended by Thorp Reed” and “S.D.W.Va. Court Holds Statute of Repose Does Not Apply to Seller and Installer of Power Source System."
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On March 25, 2010, the Eighth Circuit Court of Appeals issued an important opinion for temporary employee businesses facing certain discrimination claims.
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The new Pennsylvania tax amnesty program begins April 26, 2010 and ends on June 18, 2010.
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Reducing the Cost of Health Care to “Early Retirees”
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Tax Credit for Small Businesses – Including Certain Tax-Exempt Employers
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For better or worse, Health Care Reform has now passed and been signed into law, providing challenges as well as opportunities to specific constituencies (insurance companies, providers, individuals, and employers).
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I have written before about the ambitious plans of the Obama Administration to address deteriorating water quality in the Chesapeake Bay. A related program, now on the books, may support these efforts in a significant way.
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Yesterday, one could almost hear the collective sigh of relief from gas companies after the Pennsylvania Supreme Court issued its long-awaited opinion in the Kilmer v. Elexco Land Services, Inc. and Southwestern Energy Production Co. case.
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On March 6, 2010, the Pennsylvania Environmental Quality Board (“EQB”) published proposed regulations intended to address ambiguities in the Uniform Environmental Covenants Act (“UECA”), 27 Pa. C.S. § 6501, et seq., and to clarify how UECA interfaces with the Land Recycling and Environmental Remediation Standards Act (“Act 2”), 35 P.S. § 6026.101, et seq., and the Storage Tank and Spill Prevention Act (“Tank Act”), 35 P.S. § 6021.101, et seq.
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As you know, with the passage of the Temporary Extension Act of 2010 (the “Act”), eligibility for the 15 month COBRA subsidy was recently extended by Congress to cover involuntary terminations occurring through March 31, 2010.
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J. Alexander Hershey authors “The Common Law and Secondary Liability: Issues of Culpability and Procedure In Trademark and Copyright Litigation,” for ABA IP Litigation Committee Newsletter.
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Thorp Reed & Armstrong's Insurance & Reinsurance Briefing highlights recent developments in the insurance and reinsurance industry.
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If you represent Lindsay Lohan the answer is simple: your client. The actress is suing E-Trade in Nassau County (N.Y.) (Lohan v. E-Trade Securities LLC, New York State Supreme Court, No. 004579/2010), for a commercial that debuted during the Superbowl and insist that the "milkaholic" female baby appearing in the ad, also named Lindsay, is based on Ms. Lohan.
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The Deputy Chief of the Fraud Section of the Department of Justice, Mark Mendelsohn, posed that question in a private dialogue held after a panel discussion at the American Bar Association’s Annual White Collar Crime Seminar on February 25, 2010.
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The COBRA subsidy, which was initially put into place by the American Recovery Act of 2009 (“ARRA”) and extended by the Department of Defense Appropriations Act of 2010, has again been extended by Congress with the passage of the Temporary Extension Act of 2010 (the “Act”).
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The IRS will soon conduct 6,000 employment tax audits over a three-year period. The first group of audit letters should go out this or next week.
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Most of us are familiar with the annual disclosure requirements for companies as represented by the Form 10-K. The federal securities laws require publicly traded companies to disclose information on a periodic basis for the benefit of investors.
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A Nephelometric Turbidity Unit (“NTU”) is a means of measuring the amount of suspended solids in a water sample.
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The Pennsylvania Superior Court and Supreme Court have made a mess of things. On January 29, 2010, the Supreme Court, after a long delay, finally announced its decision in Nationwide v. Fleming.
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As we previously informed you in our prior communiqué, the COBRA premium reduction provisions originally passed under the American Recovery and Reinvestment Act of 2009 (“ARRA”), were amended by provisions in the Department of Defense Appropriations Act, 2010 (“2010 DODA), signed into law on December 19, 2009.
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Costs of collecting reinsurance are a regular source of concern for reinsureds. Ideally, a reinsurer will pay a reinsurance claim on a timely basis after raising few, if any, inquiries about the claim.
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The Winter 2010 edition of the Product Liability Update contains such articles as: "Pa. Supreme Court Upholds Summary Judgment in Malfunction Theory Case Where Product Performed Successfully for Ten Years Prior to Alleged Malfunction" and "Pa. Superior Court Holds There is No Constitutional Guarantee of Recovery for Claims Barred by Time Limitation under Workers’ Compensation Act."
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The U.S. government has recently expanded its reach in the fight against extraterritorial corruption using innovative theories to investigate and charge companies and individuals.
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In Crum Creek Neighbors v. Commonwealth, DEP and Pulte Homes, EHB Docket No. 2007-287-L (10/22/2009), PaDEP issued a post construction stormwater discharge permit to Pulte Homes for a residential development project located in Marple Township, Delaware County.
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On May 12, 2009, President Obama signed Executive Order 13508 (“EO 13508”) entitled: Chesapeake Bay Protection and Restoration.
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On December 21, 2009, President Obama signed the Department of Defense Appropriations Act, 2010 (“DODAA”).
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On November 23, 2009, the U.S. Environmental Protection Agency (“EPA”) issued a final rule establishing monitoring requirements and a numeric discharge limitation for stormwater discharges from construction sites that disturb 10 or more acres.
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The December 2009 edition of Construction Law News is designed for contractors, subcontractors, developers, owners and architects.
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You know you may be in trouble when a court opinion opens with the linguistic equivalent of red lights and warning signs
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In Warfield Philadelphia, L.P. v. Nat’l Passenger R.R. Corp., 2009 WL 4043112 (E.D. Pa. Nov. 20, 2009), the owner of a parking facility sued Amtrak, alleging tortious interference with contract, among other claims.
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On May 12, 2009, President Obama signed Executive Order 13508, entitled: Chesapeake Bay Protection and Restoration. In the Order, President Obama described action necessary to respond to a pollution crisis affecting the Chesapeake Bay, the nation’s largest estuary ecosystem.
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Thorp Reed & Armstrong's Insurance & Reinsurance Briefing highlights recent developments in the insurance and reinsurance industry.
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It has been a busy year for benefit professionals. During 2009 numerous new rules have been issued and/or gone into effect that may impact your benefit programs.
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Resolving Claims Arising from Employment - Often More to Consider than “The Settlement Amount" - Taxes and Other Complexities
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The Department of Health and Human Services (HHS) recently published an interim final “breach notification” rule (HHS Rule), which clarifies several requirements of the Health Information Technology for Economic and Clinical Health Act (HITECH).
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In a case involving pollution associated with a famous South Philadelphia refinery known as “Point Breeze,” Judge Anita Brody of the U.S. District Court for the Eastern District of Pennsylvania issued a memorandum decision on June 10, 2009, involving an interesting interpretation of successor liability (United States v. Sunoco, Inc., et al., C.A. No. 05-6336-ABB).
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On May 12, 2009, President Obama signed Executive Order 13508, entitled: Chesapeake Bay Protection and Restoration. In the Order, President Obama described action necessary to respond to a pollution crisis affecting the Chesapeake Bay, the nation’s largest estuary ecosystem.
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Effective July 1, 2009, issuers of municipal securities, such as school districts and municipalities and obligated persons who are committed by contract or other arrangement to support the payment of municipal securities must now provide the annual financial information and operating data that is required by Securities and Exchange Commission Rule 15c2-12 via the EMMA system, instead of via NRMSIRS.
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Importer Security Filings and Additional Carrier Requirements (a.k.a. 10+2) - Flexible Enforcement Draws to a Close, and Customs Publishes New Guidelines for the Mitigation of Penalties
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The July 2009 edition of Construction Law News is designed for
contractors, subcontractors, developers, owners and architects.
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Thorp Reed & Armstrong's Insurance & Reinsurance Briefing highlights recent developments in the insurance and reinsurance industry.
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The Summer 2009 edition of the Product Liability Update contains such articles as: "Pa. Supreme Court Declines to Determine Whether the Court Should Adopt Section 2 of the Restatement (Third) of Torts" and "Third Circuit Court Recognizes Bystander Strict Liability Actions"
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On May 4, 2009, the U.S. Supreme Court issued an 8 to 1 decision authored by Justice Stevens (Ginsburg dissenting), which provided some clarity to two CERCLA (“Superfund”) issues.
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On April 4, 2009, the Pennsylvania Department of Environmental Protection (“PaDEP”) issued a request for comment on revisions to PAG-13 (39 Pa.B. 1749).
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On April 1, 2009, a divided United States Supreme Court decided, in 14 Penn Plaza LLC v. Pyett, that a provision in a collective bargaining agreement that clearly and unmistakably requires union members to arbitrate age discrimination claims under the federal Age Discrimination in Employment Act is enforceable as a matter of law.
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Among the more controversial environmental actions of the last years of the George W. Bush Administration were charges that science was being manipulated to serve political policies.
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Significant HIPAA Privacy And Security Requirements Imposed On Covered Entities And Business Associates By The Stimulus Bill - Immediate Action Required
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Thorp Reed & Armstrong's Insurance & Reinsurance Update newsletter is designed to highlight recent developments in insurance and reinsurance law
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The Spring 2009 edition of our Product Liability Newsletter contains such articles as: "Pa. Superior Court Rejects Constitutional Challenge to Statutory Limit on Asbestos Liability" and "Third Circuit Court Holds Strict Liability Does Not Apply to a Refurbisher."
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On January 16, 2009, the United States Department of Labor’s newly-issued Family and Medical Leave Act (“FMLA”) regulations went into effect.
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US EPA Adopts ASTM Standard for Large Parcel All Appropriate Inquiry
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In the current economic crisis, it’s not surprising that many businesses are confronting more requests than ever to cancel or delay performance of contracts to acquire goods or services.
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In the last several years, the Trademark Trial and Appeal Board (TTAB)
systematically has been tightening its views on the subject of fraud on the
USPTO in the context of trademark registrations ("Trademark Fraud"). This
communiqué is intended to summarize the state of the law with respect to
Trademark Fraud and provide some practical tips for avoiding problems down the
road.
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The communiqué addresses the continuing uncertainty of the scope of the
attorney-client privilege under Pennsylvania law in light of the Pennsylvania
Superior Court's 2007 Nationwide v. Fleming case, in which the Superior
Court very strictly enforced the rule that the privilege applies only to
communications flowing from client to counsel, and not to communications flowing
from counsel to client.
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This is a follow-up to our Employee Benefits Practice Group's previous communiqué discussing the new COBRA health care continuation requirements under the American Recovery and Reinvestment Act of 2009 (“ARRA” or “Stimulus Act”) which became law on February 17, 2009, and which made amendments to both the Internal Revenue Code of 1986, as amended (“Code”) and the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).
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The communiqué reviews the Commonwealth Court of Pennsylvania recent decision
in In re Condemnation by the Redevelopment Authority of Lawrence County,
962 A.2d 1257 (December 22, 2008), in which the court declared that, under
Pennsylvania law, the government cannot take private property merely because the
government has concluded that the property could be put to a more productive
economic use. The Lawrence County decision appears to put more
restrictions on such takings under Pennsylvania law than does the federal
constitution under the US Supreme Court's 2005 Kelo decision.
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While there are many labor and employment issues (and laws) to consider when planning a reduction in force ("RIF"), there are also employee benefit issues that should not be overlooked.
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On February 6, 2009, the Pennsylvania Diesel-Powered Motor Vehicle Idling Act (Act 124 of 2008) (the “Anti-Idling Act”) became effective.
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Courts are imposing harsh sanctions for failure to preserve electronic evidence, including monetary penalties, default judgments, and more.
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On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act (“Fair Pay Act” or “Act”), the President’s first piece of legislation.
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The Stimulus Act provides for a COBRA premium subsidy for employees and covered family members who have either lost or will lose coverage due to an involuntary termination of employment that occurs at any time from September 1, 2008 through December 31, 2009. These specific COBRA qualified beneficiaries are called “assistance eligible individuals.”
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This communiqué analyzes the U.S. Environmental Protection Agency's ("EPA") final rule recognizing ASTM International's E2247-08 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland and Rural Property" as compliant with the EPA’s All Appropriate Inquiries regulation ("AAI Rule") and allowing for its use to satisfy the statutory requirements for conducting "all appropriate inquiries" under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA").
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The Benefits Game: Cafeteria and Health & Welfare Plan Edition - New SCHIP Law Results in Plan Amendments and a New Disclosure Requirement
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Commonwealth Court Rules on SECCRA Landfill Expansion Remand: Conduct May Serve as Waiver of MPC Time Limitations
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The Winter 2009 edition of our Product Liability Newsletter contains such articles as: "Pa. Supreme Court Upholds Jury Verdict Finding Manufacturer Not Liable for Dissemination of PCBs in Public Building" and "E.D.Pa. Court Uses Risk-Liability Balance to Determine Whether Product is Unreasonably Dangerous as a Matter of Law."
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Joe Donley Authored "Best Practices to Avoid Bad Faith Claims" in Minimizing Insurance Liability
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Thorp Reed & Armstrong's Insurance & Reinsurance Update newsletter is designed to highlight recent developments in insurance and reinsurance law.
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Local Zoning Setback Provisions Survive Preemption Challenge by Miner
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Setion 409A (“409A”) addressing deferred compensation arrangements, was added to the Internal Revenue Code (“Code”) in 2004, but final regulations were not issued until April 2007.
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This is the last in a series of articles that we hope will provide you with a better understanding of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code (“409A’”).
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This is the ninth in a series of articles that we hope will provide you with a better understanding of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code (“409A’”).
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This is the eighth in a series of articles that we hope will provide you with a better understanding of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code (“409A’”).
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This is the seventh in a series of articles that we hope will provide you with a better understanding of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code (“409A’”).
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This is the sixth in a series of articles that we hope will provide you with a better understanding of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code (“409A”).
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This is the fifth in a series of articles that we hope will provide you with a better understanding of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code (“409A’”).
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This is the fourth in a series of articles, published by our Employee Benefits Practice Group, that provide an overview of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code ("409A”).
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This is the third in a series of articles, published by our Employee Benefits Practice Group, that provide an overview of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code ("409A”).
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This is the second in a series of articles, published by our Employee Benefits Practice Group, that provide an overview of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code ("409A”).
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This is the first in a series of articles, published by our Employee Benefits Practice Group,that provide an overview of the rules applicable to certain compensation arrangements under Section 409A of the Internal Revenue Code ("409A”).
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Steve Seel, Estates and Trust Practice, authored a chapter on Striking the Planning Balance -- Practical Results for Sophisticated Clients.
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On June 13, 2008, Governor Rendell signed the Pennsylvania Clean Indoor Air Act.
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The Internal Revenue Service (IRS) has extended the deadline for adopting a written plan document for an Internal Revenue Code (the “Code”) Section 403(b)plan.
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On September 25, 2008, the Americans with Disabilities Amendments Act of 2008 (ADAAA or the Act), was signed into law.
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The November elections are likely going to bring change to the world of collective bargaining as we know it.
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Health care providers recognize that they are covered by a multitude of federal and state regulatory agencies.
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This past summer was an active one regarding energy and climate change legislation in Pennsylvania.
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Several recent court decisions highlight the importance of understanding and mitigating the liability of directors and officers in the governance of employee benefit plans.
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The Fall 2008 edition of our Product Liability Newsletter contains such articles as: "Third Circuit Finds That Informal FDA Action Is an Insufficient Basis for Preemption," and "In Asbestos Action, Philadelphia Court of Common Pleas Excludes Expert Testimony on Causation of Injury."
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Strategic Lawsuits Against Public Participation (“SLAPP Suits”) have been employed over the years to curtail citizen participation in various matters, usually involving environmental or land development matters.
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Many commentators have offered opinions with respect to whether a recent amendment to Pennsylvania’s Physical Therapy Practice Act the “PTPA”)impacts adversely the ability of a Doctor of Chiropractic (“DC”) to delegate massage or rehabilitative services to an unlicensed Chiropractic Assistant (“CA”).
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In its recent decision in the case of E.T. Browne Drug Co. v. Cococare Products, Inc., Nos. 06-4543, 06-4658, 2008 WL 2972730 (3d Cir. Aug. 5, 2008), the United States Court of Appeals for the Third Circuit addressed the challenge of differentiating between unprotectable generic terms and potentially protectable descriptive trademarks.
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The Pennsylvania Clean Indoor Air Act, which prohibits smoking in most public places, including workplaces, goes into effect on September 11, 2008. With the passage of the Act, Pennsylvania joins twenty-four states, Washington, DC and Puerto Rico in banning smoking in most public places. Some Pennsylvania employers have already taken steps to go smoke-free, whether out of a concern for employees’ health, rising health-care costs, and decreased productivity, or because of earlier attempted bans in Allegheny County and the City of Scranton. Even if they have workplaces that are already smoke-free, between now and September 11, 2008 all employers in Pennsylvania need to take certain steps to make sure they are ready to comply with the ban.
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Certain employee benefit plans are subject to fiduciary provisions under the Employee Retirement Income Security Act of 1974, as amended ("ERISA) Given the increase in litigation against ERISA plan fiduciaries and recent court rulings addressing fiduciary obligations, it seems to be a good time to review the rules. The following is a general outline of the fiduciary duties under ERISA, and is not intended to be comprehensive in nature.
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Thorp Reed & Armstrong's Insurance & Reinsurance Update newsletter is designed to highlight recent developments in insurance and reinsurance law. Our inaugural issue includes articles such as, “Supreme Court Reiterates Limited Review of Arbitration Awards,” and offers insight on the confidentiality of reinsurance disputes and the importance of dealing with contractual time limits for appointing arbitrators.
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On July 9, 2008, U.S. Attorney General Michael Mukasey told the Senate Judiciary Committee that the Department of Justice would soon issue revisions to the so-called “McNulty Memo,” which sets forth the factors that federal prosecutors are to consider in deciding whether to charge a corporation with a crime.
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The Philadelphia Lawyer published an article, "Delimiting Defamation:
Pennsylvania Supreme Court Protects Reputation From Freedom of Speech Defense,"
by Kevin P. Allen, partner in Thorp Reed's Commercial & Corporate Litigation
Practice. The article was printed in the Summer 2008 edition of the magazine.
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The Summer 2008 edition of our Product Liability Newsletter contains such articles as: "Third Circuit Holds That Subsequent Remedial Measures May Be Considered by Expert Witnesses," "FDA's Public Statements May Infer Conflict Preemption," and "A Defective Container That Holds a Product That Is Otherwise Not Defective May Give Rise to Product Liability Claims Against the Product's Manufacturer."
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On April 25, 2008, the Environmental Law Section presented a CLE seminar which explored some of the nuances involved in negotiations with Federal, State and Local environmental agencies. One of the questions which arose involved the interpretation of Rule 4.2 of the Pa. Rules of Professional Conduct.
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The California Supreme Court recently issued a decision recognizing same sex marriages and joined the growing number of states that legally recognize same sex marriages or same sex civil unions. We write this to highlight the important implications of the various state decisions recognizing same sex marriages/civil unions in the context of state and federal law, as well as clarify a confusion among certain providers who administer self funded welfare benefit plans pursuant to a ASO contract.
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The Internal Revenue Service recently issued the final draft of its fully-redesigned Form 990, the annual return used by nonprofit organizations to report information regarding their activities. The new version of the Form 990 is designed to “enhance transparency, promote tax compliance and minimize the burden on the filing organization. As such, it dramatically differs from its predecessor in the amount of detail that nonprofits are required to report.
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This article written by Thorp
Reed attorney Eric M. Hocky for e-mail publication in the American Short Line
and Regional Railroad Association's (ASLRRA) Legal Tracks Newsletter
(Volume 3, Issue 1, April 18, 2008).
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The Spring 2008 edition of our Product Liability Update newsletter contains such articles as: "U.S. Supreme Court Holds That FDA Approval Process for Medical Devices Preempts Common Law Tort Claims," "E.D.Pa. Court Conducts Pre-Trial Review to Determine Whether Product Is Unreasonable Dangerous," "W.D.Pa. Court Limits Testimony From Plaintiff's Expert," "PA Supreme Court Grants Allocatur in Asbestos Case to Determine Whether the Court Should Adopt Section 2 of the Restatement (Third) of Torts," and more.
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February 14, 2008, Governor Rendell signed into law the Pennsylvania Right-To-Know Law, Act 3 of 2008 (Senate Bill No. 1 of 2007, Printer’s Number 1763) this new law should not be confused with the Pennsylvania Worker and Community Right-to-Know Law, 35 P.S. 7301, et seq., the latter which relates to hazardous chemical disclosure requirements in the community and workplace). The old Right-to-Know Law, the Act of June 21, 1957 (P.L. 390, No. 212) was repealed by the new legislation.
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When Melvyn Weiss entered a plea of guilty to racketeering charges last week, many business lawyers considered it as justice long overdue. Viewed in the light of two recent filings in the United States District Court for the Southern District of Florida, however, Weiss' prosecution may be just the opening salvo in the Justice Department's campaign to hold lawyers accountable for the advice they give.
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This article examines recent Food & Drug Administration enforcement in the international arena, the facts giving rise to recent indictments and the legal basis for prosecution. The article also explains the legal framework that regulates food and drug imports. Finally, the article offers some proactive steps a U.S. company should take to protect the public from harmful products and themselves from criminal prosecution.
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A recently published Federal Register Notice by the U.S. Bureau of Customs and Border Protection, interpreting the law by which imported merchandise is valued for Customs purposes, will reverse a 1992 Court ruling and could increase Customs duty liability for U. S. importers. Comments to the Customs proposal are returnable April 23, 2008.
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This article was written by Thorp Reed & Armstrong attorneys Robert J. Ridge and Lauren D. Rushak and published in The Subprime Crisis: A Thomson West Special Report.
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The Internal Revenue Service (IRS) recently issued proposed regulations under
Section 125 of the Internal Revenue Code (Code). This Code provision regulates
the ability of an employer to provide its employees the opportunity to receive
certain, qualified benefits, on a pre-tax basis through a Cafeteria Plan, which
may also be known as a Flexible Benefit Plan or § 125 Plan. The proposed
regulations are intended to be effective on January 1, 2009, but
employers may rely upon them now.
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This article was orginally written by Thorp Reed & Armstrong attorney John P. Donohue for the Spring 2008 edition of The Beacon, a publication of the Maritime Exchange for the Delaware River and Bay.
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This matter arises from a conditional use application for a landfill expansion filed in 2003 by Southeastern Chester County Refuse Authority (SECCRA). London Grove Township is the host municipality. In addition to the conditional use application, SECCRA also challenged the validity of the local zoning requirements (related to landfill setbacks and height) in an action before the Zoning Hearing Board (ZHB), and alternatively sought a variance.
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One of the most influential phases of trial is the presentation of expert
testimony. It is highly important that a testifying expert possess the ability
to convey such skill and expertise to the jury in a manner that is interesting,
simple, brief, and the explanation is understandable. When dealing with
truck, tractor-trailer or motor carrier accident litigation where issues of
defects to the tractor or trailer or lack of vehicle maintenance are asserted,
the expert’s persona and communication skills become increasingly important.
This article provides best practices for selecting an engineer or mechanic as an
expert witness for trail.
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The attorney-client privilege does not protect facts from discovery. The privilege, however, does apply with full vigor to a client’s communication of facts to his or her lawyer. Courts have struggled with that important distinction. A recent decision from the United States Court of Federal Claims – Christofferson v. United States, 78 Fed. Cl. 810 (2007) – provides an example.
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On December 18, 2007, Governor Rendell signed the Uniform Environmental Covenants Act (UECA)into law. This new statute, Act 68 of 2007, will become effective in 60 days, or on February 16, 2008. The new law was sponsored by State Representative Carole Rubley (R-Chester/Montgomery), and was designed to strengthen the control over future uses of remediated brownfields when the real estate is transferred to new wners.
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On January 22, 2008, the Municipal Securities Rulemaking Board (MSRB) issued Notice 2008-04. The Notice urges Brokers, Dealers and Municipal Securities Dealers that execute trades for municipal bonds that carry bond insurance, to review the MSRB Rules regarding fair dealing, fair pricing, suitability and disclosure as a result of the rating agency reviews and downgrades of some bond insurers.
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The subprime lending crisis has spawned lawsuits across the nation involving a broad cast of players and a variety of claims. Some believe that the lawsuits are just beginning and that the complete litigation “landscape” cannot yet be defined. This communique explores the types of disputes filed of record to date.
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The Winter 2008 edition of our Product Liability Update features such articles as: "PA Superior Court Permits Jury to Consider Whether Byproduct of Welding Rods Establishes Existence of Defective Welding Rod," "E.D.Pa. Court Allows Discovery Relating to Products that are Not in Litigation," "E.D.Pa. Court Finds Research Organization is Potentially Liable When a Manufacturer Alters Study Results," "E.D.Pa. Court Allows Action Against Successors in Interest Under Pennsylvania's Product-Line Exception," "West Virginia Supreme Court Holds Medical Malpractice Statute Governs Product Liability Action Against Hospitals" and more.
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The December edition of our newsletter for contractors, subcontractors, developers, owners and architects features such articles as "General Contractors: An Unlicensed Contractor is Fortunate to be Allowed to Indirectly Recover Payment for Work Performed When Not Properly Licensed," "What's New in Pennsylvania: Two Debarred COntractors Illustrate the Danger of Classifying Skilled Workers as Laborers on Public Works Projects," "Subcontractors: Ambiguous Provisions in Your Contract May Lead to Unintended Results," and "What's New in Ohio: Owner Entitled to Contractual Indemnification for Attorney's Fees and Costs."
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This article provides a list of a few important examples of items that benefit managers should review in the New Year to ensure that their employee benefit plans comply with recent changes in the law.
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The Internal Revenue Service recently issued final Internal Revenue Code (the “Code”) § 403(b) regulations. Code § 403(b) (“§ 403(b)”) governs contributions to certain funding arrangements for employees who are working for a public school of a State or local government or a Code § 501(c)(3) tax exempt organization. The § 403(b) funding arrangements provide these employees with the opportunity for retirement savings through an employer provided plan, a § 403(b) tax sheltered annuity plan. The requirements imposed by regulations are generally effective for taxable years beginning on or after December 31, 2008.
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A supplemental article to Construction Law News written by Sunah Park,
Esq. that covers New Jersey Bond Claim Requirements.
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Have an idea for a new product or process? Want to get a patent? If the normal three to five year application period is too long for you, you might consider a relatively new program offered by the U.S. Patent and Trademark Office (PTO). A little over a year ago, the PTO introduced an expanded Accelerated Examination program whereby an applicant who files electronically and submits the appropriate supporting documentation can expect a decision on patentability within 12 months of the date of filing.
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The Fall 2007 edition of our Product Liability
Update features such articles as "Third Circuit Refuses to Apply
Delaware Consumer Fraud Act Exemption to Actions of the FDA," "W.D.Pa. Court
Excludes Expert Opinion Resulting in Dismissal of Negligence Claim," "E.D.Pa.
Court Finds that Admission of Defect by Product Manufacturer Binds Distributor,"
and more.
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Federal court decisions over the past few years have weakened the restraints
placed upon companies by the antitrust laws. In two recent examples, in
Texaco Inc. v. Dagher,(Feb. 28, 2006), the United States Supreme Court
opened the possibility of greater joint venture activity even in the presence of
apparently collaborative joint price determinations; and in Leegin Creative
Leather Products, Inc. v. PSKS, Inc., 127 S. Ct. 705 (June 28, 2007), the
Supreme Court eliminated the long-standing strict per se prohibition on
minimum resale price maintenance (a manufacturer’s establishment of a minimum
price at which its goods may be resold).
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When an employer’s driver has been involved in a motor vehicle accident that occurred during the course of employment, the employer may be forced to make decisions regarding that driver’s future with the company so as to limit its exposure to liability in the face of almost certain litigation. Whether an employer opts to retain the driver depends on various considerations. This article expresses considerations that an employer should take into account when assessing whether to discharge the driver who was at fault in a vehicular accident.
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State and local governments are confronted with increasing pressures to balance their budgets without raising taxes. Many Pennsylvania counties may be overlooking a genuine opportunity to reduce costs significantly by out-sourcing the operation of their jails.
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Banking regulators recently completed guidelines that call on lenders to strictly evaluate borrowers’ ability to repay home loans. The tightened standards, which apply to federally regulated lenders, attempt to curtail “risky” practices that have been blamed for a record level of foreclosures in the subprime lending market.
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The August edition of our newsletter for contractors, subcontractors, developers, owners and architects features such articles as "What's New in Pennsylvania: Significant Changes to Pennsylvania's Mechanics' Lien Laws," "Subcontractors: Third Circuit Court Tells 'Cautionary Tale' of Bids and Acceptance," "What's New in Ohio: Beware of and Follor Your Contract Language in Ohio," and "General Contractors: How Specific are Your Project Specifications?"
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Thorp Reed & Armstrong, continues its efforts to educate the transportation industry and increase its awareness about potentially significant damage awards and settlements that can arise from commercial vehicle accidents in various jurisdictions. This communique contains a brief overview of various cases in Ohio, Pennsylvania, Maryland and New Jersey, all of which were decided in 2006 and 2005 and are representative of the jury verdicts rendered in those jurisdictions.
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On July 24, 2007, a federal appeals Court in the District of Columbia struck down, for the second time in four years, the U.S. Department of Transportation’s Hours-of-Service rules that regulate and limit the number of working and driving hours for commercial truck drivers. The Court further ordered the DOT’s Federal Motor Carrier Safety Administration to revise its regulations in a manner consistent with the Court’s opinion.
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If employers do not ensure that interviewers conduct themselves appropriately during interviews, those employers may face the time and expense of a discrimination lawsuit, even if the interviewer’s motivations for asking questions were innocent. Therefore, employers should get up speed on “loaded” interview questions to avoid.
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As major United States based subprime lenders, such as New Century Financial, have sought bankruptcy protection, companies that have purchased debt from subprime lenders find themselves without the recourse they had depended upon when they originally purchased the debt.
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On June 14, 2007 the Internal Revenue Service released for public comment a discussion draft of a redesigned Form 990, Return of Organizations Exempt from Income Tax, the annual return required to be filed by tax-exempt organizations to report information about their operations. The discussion draft constitutes a significant redesign of the form, which has been revised only on a piecemeal basis since 1979. The IRS anticipates using the form for the 2008 tax year (returns filed in 2009).
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Recent developments in the subprime mortgage market have wreaked havoc on the subprime lending industry and threaten to derail the U.S. economy as a whole. Stocks fell sharply last week after reports on record-breaking mortgage defaults, heavily concentrated around subprime mortgages, unnerved investors and further exposed a troubled housing market. Financial companies’ shares were hardest hit.
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In a split panel decision, the Pennsylvania Superior Court has held that an individual who observed but was not physically injured in a motor vehicle accident could recover first-party medical benefits for post-traumatic stress disorder treatment. Glickman v. Progressive Cas. Ins. Co.,2007 PA Super. 41 (Feb. 12, 2007). The Superior Court’s decision distinguished its recent ruling from a decade old opinion, Zerr v. Erie Ins. Exch., 667 A.2d 237 (Pa. Super. 1995), which held that the benefits were not recoverable.
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The Tax Study Commission was formed, the numbers were examined, and choices were made and presented to School Boards. The Tax Study Commission was charged with making a recommendation to its Board of School Directors on whether to increase the earned income tax, or instead to impose a personal income tax, to pay for a homestead exclusion. Ultimately, that question will be asked of the voters in the May, 2007 primary.
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Consider this: An insurance client applies for automobile coverage and decides to reject underinsured motorist protection coverage. The insured signs and dates a form entitled “Rejection of Underinsured Motorist Protection” and readily admits that by doing so, he is rejecting underinsured motorist (“UIM”) coverage. The insured’s policy premiums are calculated so that he does not pay premiums for UIM coverage. The policy, without UIM coverage, is renewed for several years until the insured is involved in a motor vehicle accident. May the insurance company properly reject the insured’s claim for UIM benefits? In a recent Pennsylvania Superior Court decision, the answer was “No.”
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In an opinion written by Chief Justice Cappy, the Pennsylvania Supreme Court reaffirmed the long-standing rule that an insurer’s duties to defend and indemnify under a comprehensive general liability (“CGL”) policy are triggered solely by the factual averments in the complaint against the insured and further held that an “accident” required to establish an “occurrence” under a CGL policy cannot be satisfied by claims based on faulty workmanship. Kvaerner Metals Div. of Kvaerner U.S., Inc. v. Commercial Union Ins. Co., et al., 908 A.2d 888 (Pa. 2006). In so holding, the Court rejected the Superior Court’s ruling that it could consider evidence outside of the complaint allegations when determining whether coverage is triggered by the claims against the insured.
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How often do you find yourself asking, as the seasons change or another birthday rolls by, “where does the time go?” Here is another mile-marker for you – did you realize, as the calendar page turns from October to November, that your Local Tax Study Commission is already middle-aged?
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Even if your company does not maintain any elective non-qualified deferred compensation arrangements, you may inadvertently violate Section 409A of the Internal Revenue Code of 1986, as amended, (“Code”) if you have non-qualified stock options or have granted stock appreciation rights (“SARs”) either under the terms of a plan or through individual arrangements with employees or independent contractors.
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On Friday, October 6, 2006 President Bush signed into law the Trademark Dilution Revision Act of 2006 (“Revision Act”). Before reviewing the Revision Act, it is important to first understand the concept of dilution and why the Federal Trademark Dilution Act (“FTDA”) needed to be revised.
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Three federal courts have recently considered the issue of the federal government’s power (and the scope of that power) to preempt state law in the area of banking. Most recently in Wachovia Bank v. Watters, 431 F.3d 556 (6th Cir. 2005), the United States Court of Appeals for the Sixth Circuit affirmed the holding that the National Bank Act (the "Act") and related federal regulations preempt conflicting Michigan laws governing mortgage lenders. The Court also held that the Act and regulations did not violate the Tenth Amendment of the United States Constitution, which reserves to the states those rights and powers not enumerated to the federal government.
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For employers who are required to make contributions to multiemployer pension plans, those plans will be subject to new funding rules, generally beginning in 2008. This is as a result of the recent enactment of H.R. 4, known as the Pension Protection Act of 2006 (“PPA”). The bill was signed by President Bush on Thursday, August 17, 2006.
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While you were waiting for further guidance with respect to the deferred
compensation provisions of Section 409A of the Internal Revenue Code of 1986, as
amended (“Code”), Congress decided to further complicate your life.
Both the House and the Senate have passed the Pension Protection Act of 2006
(“PPA”), which is anticipated to be signed into law by President Bush during the
week of August 14, 2006.
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Thorp Reed & Armstrong attorney Allan L. Fluke published this article in the Constructors Association July 25, 2006 newsletter.
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Message to all School Boards from the Pennsylvania General Assembly: "Cut short your summer vacation – you’ve got work to do under the Taxpayer Relief Act.”
Effective June 27, 2006, Act 1 of Special Session 2006 now forces the basic rules of Act 72 onto all Pennsylvania School Districts. While the overall legislative scheme is the same, certain differences do appear. For example, under Act 72, School Boards were required to make the difficult choice of imposing additional earned income taxes in order to be eligible for the property tax relief expected from an allocation of gaming revenues. Under Act 1, all Districts will receive gaming revenues and the public through referendum, not the Board, must decide whether to augment property tax relief with a shift to increased wage (“EIT”) or personal income (“PIT”) taxes.
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In a sweeping eighty-three page opinion, a Federal trial judge recently set about correcting some of the “structural defects” of the Federal criminal justice system. According to Judge Lewis Kaplan of the United States District Court for the Southern District of New York, the defects were inherent in the “Thompson Memorandum”, a set of guiding principles for Federal prosecutors issued by the Bush Justice Department in the wake of the corporate finance scandals of the early 2000’s. In an opinion that will be heralded by business executives across the country, Judge Kaplan declared unconstitutional those provisions of the Thompson memorandum that permit prosecutors, when deciding whether to indict a corporation, to consider a corporation’s decision to advance defense costs to its employees as evidence of the corporation’s willingness to cooperate with the government investigation. The Court held that the Government violates the Fifth and Sixth Amendments to the Constitution when it pressures a corporation to forego its obligations to indemnify employees for costs incurred in response to a federal probe.
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For months, developers and attorneys practicing in the area of wetlands regulation have been anticipating the U.S. Supreme Court’s decisions in the cases of Rapanos v. United States and Carabell v. United States Army Corps of Engineers. On June 19, 2006, the Supreme Court issued its decision in those consolidated cases, but the lack of a majority opinion means that the Court’s decision provides little guidance on the scope of the United States’ jurisdiction over wetlands that arguably are “adjacent to waters of the United States.”
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The July edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features such articles as "School Construction: Contractors are Allowed to Keep Refunded Permit Fees," "Subcontractors: The Perils of Relying on Bids Without a Contract," and "General Contractors: Express Language of Subcontractor's Bid Defeats General Contractor's Claims for Breach of Contract and Promissory Estoppel."
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By way of background, National Pollutant Discharge Elimination System (“NPDES”) storm water permits are now required for construction activities involving the disturbance of one acre or more, as well as earth disturbances of less than one acre that occur as part of a larger common plan of development or sale of more than one acre. In Pennsylvania, these NPDES permits require the development and execution of a Post-Construction Stormwater Management Plan in addition to an Erosion and Sediment Control Plan. A Stormwater Management Plan also may be required under a municipal ordinance adopted pursuant to the Pennsylvania Stormwater Management Act (Act 167) program. In recognition of the need for guidance and consistency in the development of stormwater management plans, the Pennsylvania Department of Environmental Protection (“DEP”) organized a committee to develop a manual setting forth “best management practices (“BMPs”) to control the volume, rate and water quality of post-construction stormwater runoff so as to protect and maintain the chemical, physical and biological properties of waters of the Commonwealth.”
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In a recent decision, a federal court found that evidence introduced at trial
established that a defendant bank (the “Bank”) did not agree in language or
conduct to provide financing to the plaintiff, a potential borrower.
The Plaintiffs, a debtor corporation and its president, brought an adversary
proceeding against the Bank in a United States Bankruptcy Court in an attempt to
enhance the value of the bankrupt estate. The Plaintiffs brought the action
under theories of breach of written and oral contract and fraud after
negotiations with the Bank for financing had been unsuccessful. The Plaintiffs
voluntarily dismissed the fraud count prior to trial. Going into trial, the
Plaintiffs’ position was that the Bank had breached an alleged oral and/or
written agreement to provide over $3 million in financing to enable the
Plaintiffs to purchase a facility that would be used to process steel. The
allegations stemmed from the parties’ negotiations for the Bank to provide the
Borrower with a standby letter of credit to support a loan from the Pennsylvania
Economic Development and Financing Authority (“PEDFA”), as well as for a line of
credit for working capital. In particular, the Plaintiffs argued that they
relied on the Bank’s continued negotiations, attendance at a PEDFA pre-closing
and signing of loan documents held in escrow in attempting to establish that an
agreement for financing had been reached. The Plaintiffs further argued that
they paid almost $73,000 in fees and costs associated with the PEDFA loan at the
pre-closing in detrimental reliance on the Bank’s alleged promise to reimburse
them for those expenses.
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The Administrative Review Board of the U.S. Department of Labor recently ruled that the Labor Department’s Wage and Hour Division abused its discretion in determining prevailing wage rates for residential classifications in six Pittsburgh-area counties without adequately explaining the basis for the wage determinations under the Davis-Bacon Act (the “Act”) in the matter of Mistick Construction and the Associated Builders and Contractors of Western Pennsylvania, ARB Case No.: 04-051.
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The April edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features such articles as "Contract Interpretation: The Clear Language of a Contract Trumps the Discovery Rule for Latent Defects," "What's New on the Gulf Coast: Compliance with Bidding Laws on Publicly Owned Projects," and "What's New in Pennsylvania: What Constitutes 'Public Work' Under the Pennsylvania Prevailing Wage Act?"
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The New Jersey Supreme Court extended the potential liability of premises owners by holding that landowners may be liable to third parties who never set foot on the actual premises. Olivo v. Owens-Illinois, Inc. This decision arose from a wrongful death/survival action in which the plaintiff, a former steamfitter/welder sought damages for the death of his spouse.
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The American Academy of Neurology issued new guidelines effective January 10, 2006, regarding expert witness testimony by its members. According to the Academy, the new guidelines are a response to several complaints by physicians about unqualified expert witnesses. The Academy’s goal in enacting the new guidelines is to promote accurate testimony by neurologists and to ensure they have expertise in the area of their testimony.
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A recent U.S. Environmental Protection Agency (“EPA”) regulation will have a significant impact on the way in which environmental due diligence activities are conducted for property acquisitions. On November 1, 2005, the EPA published its All Appropriate Inquiries Rule (“AAI Rule”), which establishes standards and practices for the performance of “all appropriate inquiries” in order to qualify for the innocent landowner, bona fide prospective purchaser or contiguous property owner defenses under the Federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”).(1) These defenses provide liability relief, for those who qualify, from the strict liability imposed by CERCLA on current owners of property contaminated with hazardous substances.
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Companies often use “jury waiver” provisions in their agreements to take advantage of the reduced expense and limited delay associated with bench trials. Such waivers also give companies the ability to avoid the expense and loss of appeal rights associated with arbitration. In a recent decision, the California Supreme Court acknowledged these benefits of contractual jury waivers and then declared the waivers to be invalid. As a result, companies using jury waiver provisions will no longer get the benefit of their bargain in California state court unless the California legislature acts to modify the law.
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The January edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features such articles as "Liquidation Agreements: Design Professionals are not Untouchable in the Absence of Contractual Privity," "Florida Court: Provides No Relief for 9/11 Delay Damages and Strict Construction of a Claim For Damages Under Eichleay Formula," "Developers: EPA Publishes All Appropriate Inquiries Rule for Landowner Liability Protection," and more.
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In a new decision, the United States District Court for the Southern District of Georgia ruled in favor of allowing Defendants to remove a case to Federal Court under the Class Action Fairness Act (CAFA). By allowing removal to Federal Court, Defendants will be able to avoid trying cases in front of “local juries” who may be prejudiced toward out of state corporations.
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The November edition of our litigation newsletter features such articles as "Are Your Secrets Confidential, and Will a Court Agree?," Trademark Infringement - Looking Beyond The Direct Infringer," "The Importance of Preserving Potential Evidence," and more.
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The October edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features such articles as "What's New in Pennsylvania: Recent Cases Considering the Validity of Bid Protests," Arbitration: Think Twice Before Agreeing to Arbitrate as Your Appeal Rights are Extremely Limited," and more.
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In Jefferson v. Toyota Motor Manufacturing, West Virginia, Inc., et al. (S.D. W. Va., Case No. 2:03-CV-02345), plaintiff’s counsel requested a deposition from the plaintiff’s treating physician. The physician required payment in the amount of $350 per hour, with $700 payable in advance for two hours of deposition time. Plaintiff’s counsel paid the physician $350, proposing a one hour telephonic deposition, and asked defense counsel to pay for any time over one hour. The physician then informed the plaintiff’s lawyer that because she had not treated the plaintiff (patient) in over two years, she would need to review the plaintiff’s medical records for 15 to 20 minutes prior to the deposition, and she intended to charge for this time.
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Evidenced by recent orders in Dauphin County, Pennsylvania, and from a monumental ruling earlier this year in Florida, courts are increasingly becoming less tolerant of companies and their counsel who fail to comply with the rules of discovery. Penalties are becoming drastic and are dramatically impacting the evidence that parties may introduce at trial.
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The August edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features articles such as: "Execute A Written Contract: Define Your Intent Or Pay Without Receiving Any Benefit", "Indemnification/Insurance Coverage Language: Do Not Overrate Your Coverage" and "What's New in Ohio and New Jersey."
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In Hinchman v. Gillette, ___ S.E. 2d ___, ___ W. Va. ___ (No. 31760) (2005), the West Virginia Supreme Court (“WVSCA”) ruled that a defendant healthcare provider cannot challenge the legal sufficiency of a plaintiff’s pre-suit notice of claim or screening certificate of merit under W. Va. Code 55-7B-6 (2003), unless the plaintiff was given specific written notice of, and an opportunity to address and correct, the alleged defects and insufficiencies.
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In Louk v. Cormier, ___ S.E.2d ___, ___ W. Va. ___ (No. 31773) (2005), the West Virginia Supreme Court (“WVSCA”) declared unconstitutional a recent amendment to the Medical Professional Liability Act (“MPLA”). The amendment at issue required twelve person juries, and permitted those juries to return non-unanimous verdicts.
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The March edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features articles such as: "The Pennsylvania Supreme Court Creates An Open Season On Architects And Other Design Professionals" and "Multi-Prime Contracts Must Be Awarded For Public School Buildings."
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The Court of Appeals of Ohio recently issued a decision which sets forth the standard to determine whether a contractor or subcontractor has substantially completed its contract work.
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In Hertzberg v. Zoning Board of Adjustment, 721 A.2d 43 (Pa. 1998), the Pennsylvania Supreme Court held that a more relaxed standard of “unnecessary hardship” could justify the grant of dimensional variances...
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A recent Pennsylvania Supreme Court decision may support negligence liability for misrepresentations made by entities or individuals in the course of their business dealings, as well as for misrepresentations made by professionals engaged in the business of supplying information.
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A new Section of the Internal Revenue Code of 1986 was added by the American Jobs Creation Act of 2004, requiring “deferred compensation plans” to now comply with new distribution, election and funding rules.
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On February 18, 2005, President Bush signed into law the Class Action Fairness Act, marking a systemic shift in the American judicial system and the end of a decades-long quest to reign in class action lawsuits across America.
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The March edition of our quarterly litigation newsletter features articles such as "Proof Of Absence Of Confusion Is Not Good Faith Defense To Trademark Infringement," "Employers Beware: Commercial General Liability Policy May Not Protect From Employee Lawsuits," and "Full And Accurate Disclosure: Protecting The Rights Of Businesses To Commercial Information."
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The Ohio Supreme Court has recently issued a ruling which will help defendants defeat class certification in many medical monitoring claims.
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The West Virginia Human Rights Act continues to play an important role in workplaces throughout the State of West Virginia. All covered employers should review their policies and practices to ensure the compliance of those policies and procedures with the applicable provisions of the law.
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These new automatic rollover requirements apply to all tax-qualified plans under 401(a) of the Code, 403(b) plans, governmental 457(b) plans and church plans.
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Under the FDIC's new guidelines, FDIC-supervised institutions involved in the payday loan industry are subject to an affirmative duty to “ensure that payday loans are not provided to customers who had payday loans outstanding at any lender" for a specified amount of time.
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In a significant precedent-setting decision, the West Virginia Supreme Court of Appeals halted out-of-state plaintiffs' efforts to file claims for medical monitoring in West Virginia.
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By being prepared and responding effectively, your company can minimize the intrusion associated with responding to a government investigation.
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In January 2005, the Federal Motor Carrier Safety Administration published a Notice of Proposed Rulemaking in order to re-examine the 2003 Hours-of-Service rules.
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In a recent ruling on a case involving a payday loan business, a judge held, possibly for the first time in Pennsylvania, that a payday lender using the "check cashing" system of operation had been making short-term loans, and therefore the company's activites had fallen within the purview of Pennsylvania's usury law.
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The West Virginia Supreme Court of Appeals recently issued a ruling which may help hospitals avoid apparent agency claims outside the emergency room setting.
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Selecting a mark that functions as a trademark looks to be a rather simple task. Looks, however, can be deceiving and great care should be taken in selecting a mark.
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The Pennsylvania Supreme Court has held that a business privilege tax that fails to apportion receipts by in-state and out-of-state commerce violates the Commerce Clause of the United States Constitution...
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The December edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features articles such as: "Land Use: Michigan Decision Casts Doubt On Use Of Eminent Domain” and “Recent Interpretations Of The Pennsylvania Mechanics’ Lien Law"
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The September edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features articles such as: "Bid Protests: Do Not Get Caught On Treacherous Footing" and "Liens: Final Means Final!"
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On July 20th, the SEC released the text of its proposed new rule and rule amendments regarding "hedge funds."
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The June edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features articles such as: “Who May Successfully File A Miller Act Claim?” and “Who Is A Responsible Bidder?”
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In today’s business and legal climate, there is no viable alternative to an effective records management program. The risks of failure to address records management issues, including drastic legal consequences and prohibitive costs, are too great to ignore.
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The March edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features articles such as: “Can a Project Manager’s Signature Prevent a Lawsuit” and “Do Not Let Others Do Your Bidding.”
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The country’s largest servicer of “subprime” home mortgages has reached a preliminary agreement to settle claims of “predatory” servicing that could cost it upwards of $55 million. On November 12, 2003, the Federal Trade Commission (FTC) and the U.S. Department of Housing and Urban Development (HUD) reached settlements with Fairbanks Capital Holding Corp., its wholly-owned subsidiary Fairbanks Capital Corp. (collectively, Fairbanks), and Thomas D. Basmajian, the founder and former CEO of Fairbanks, to settle serious allegations of predatory servicing of subprime mortgage loans. The settlement will resolve a sweeping complaint filed against Fairbanks in the federal district court of Massachusetts, and will be coordinated with a related settlement in a class action consolidating four suits in California.
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The December edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features articles such as: “A Material Supplier Is Not Covered by a Roofer’s Insurance Policy” and “Penalties and Attorneys’ Fees Found to Be Not Waiveable Under the Pennsylvania Contractor and Subcontractor Payment Act.”
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The Securities and Exchange Commission recently made the first significant revisions to its custody rule for investment advisers since the rule was adopted more than 40 years ago.
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The September edition of our quarterly newsletter for contractors, subcontractors, developers, owners and architects features articles such as: “Silence Is Not Contract Acceptance: Do Not Begin Work Until Your Contract Is Executed” and “Left Out in the Cold: Bid Win Turns into Loss for HVAC Sub-subcontractor.”
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As of September 22, 2003, diabetic truck and bus drivers are able to apply for an exemption from the medical restrictions contained in the Federal Motor Carrier Safety Regulations (FMCSRs). On September 2, 2003, the Federal Motor Carrier Safety Administration (FMCSA) announced its decision to begin granting case-by-case exemptions for certain insulin-using, interstate commercial drivers, otherwise restricted from operating a commercial vehicle in interstate commerce.
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The Supreme Court of the United States recently provided businesses with further guidance on how best to protect their intellectual property. In Dastar Corp. v. Twentieth Century Fox Film Corp., the Court articulated certain distinctions in the protections and liability imposed under federal copyright and unfair competition law.
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