Author Info for Stevens & Lee

Peter Adonizio Jr.

Victory for Community Hospitals and Nonprofits: Supreme Court of Pennsylvania’s Landmark Tax Exemption Decision

On May 30, the Pennsylvania Supreme Court issued its long-awaited opinion in Pottstown School District v. Montgomery County Board of Assessment Appeals. In a 5-2 decision, the court held that Pottstown Hospital in Montgomery… more

Charitable Organizations, Community Health Systems, Compensation & Benefits, Employee Benefits, Executive Compensation

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Alexander Batoff

Third Circuit Predicts No Private Right of Action for Denied Job Applicants Under New Jersey Cannabis Law

On Dec. 9, 2024, a divided panel of the Third Circuit Court of Appeals affirmed the dismissal of a class action lawsuit by New Jersey job applicants denied employment by Walmart because they tested positive for cannabis. The… more

Appeals, Class Action, Employee Rights, Employment Discrimination, Employment Litigation

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Thomas Bowen

Victory for Community Hospitals and Nonprofits: Supreme Court of Pennsylvania’s Landmark Tax Exemption Decision

On May 30, the Pennsylvania Supreme Court issued its long-awaited opinion in Pottstown School District v. Montgomery County Board of Assessment Appeals. In a 5-2 decision, the court held that Pottstown Hospital in Montgomery… more

Charitable Organizations, Community Health Systems, Compensation & Benefits, Employee Benefits, Executive Compensation

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Mark Bradshaw

INJUNCTIONS – A Practical Guide to One of the Law’s Most Powerful Tools

Very few people fully appreciate the powerful and flexible remedy offered by an injunction. Injunctions are extraordinary, both in terms of their timing and their effectiveness. Certain injunctions are issued with a rapidity… more

Affirmative Action, Appellate Courts, Cease and Desist Orders, Ex Parte, Injunction Bonds

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Christina Burke

U.S. Department of Health and Human Services Issues Final Rule Expanding Nondiscrimination Protections

On April 26, 2024, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights and the Centers for Medicare & Medicaid Services issued a final rule under Section 1557 of the Affordable Care Act,… more

Affordable Care Act, Anti-Discrimination Policies, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Discrimination

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Maeve Cannon

Seeking Equitable Adjustments in New Jersey Public Contracts: How Proposed 2025 Tariffs Could Trigger Relief

President Donald Trump has announced tariffs on approximately 60 countries, including the United States’ three largest trading partners, China, Canada and Mexico. As a part of these tariffs, goods imported from Mexico and Canada… more

Construction Contracts, Construction Industry, Contract Disputes, Government Agencies, New Jersey

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Ramiro Carbonell

Supreme Court of Pennsylvania Boosts Tax-exempt Bond Financing and Economic Development in the Commonwealth

On Feb. 21, the Supreme Court of Pennsylvania issued its long-awaited tax-exempt bond financing decision, Ursinus College v. Prevailing Wage Appeals Board (No. 18 MAP 2023). Its opinion is a major victory for Pennsylvania… more

Bond Financing, But For Causation, Conduit Trust, Construction Project, Economic Development

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Michael Cedrone

The Need for More Uniformity and Standardization in New Jersey’s Bid Protest Procedures

Nearly 60 years ago, the New Jersey Supreme Court published one of its seminal bidding cases in Commercial Cleaning Corp. v. Sullivan, holding that a trial-type hearing is not required when challenging a bid award. Nevertheless,… more

Administrative Procedure Act, Appeals, Bid Protests, Due Process, Filing Deadlines

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Peter Edelman

Supreme Court of Pennsylvania Boosts Tax-exempt Bond Financing and Economic Development in the Commonwealth

On Feb. 21, the Supreme Court of Pennsylvania issued its long-awaited tax-exempt bond financing decision, Ursinus College v. Prevailing Wage Appeals Board (No. 18 MAP 2023). Its opinion is a major victory for Pennsylvania… more

Bond Financing, But For Causation, Conduit Trust, Construction Project, Economic Development

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Jennifer Ermilio

Delaware Requiring Paid Family and Medical Leave by 2026

On May 10, 2022, Governor Carney signed the Healthy Delaware Families Act (“HDFA)” making Delaware the eleventh state that will require employers to provide paid family and medical leave. While the law will take effect on July… more

Delaware, Employer Liability Issues, Labor Reform, Medical Leave, New Legislation

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Devin Fox

Estate Planning Essentials for Health Care Providers: Protecting Legacy and Loved Ones

Physicians and healthcare providers, like many others with demanding professions, often postpone or overlook their own estate planning and preparation. Estate planning is a fundamental process for individuals at any stage of… more

Advance Directives, Asset Protection, Beneficiaries, Business Succession, Estate Planning

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Harriet Franklin

Change of Ownership Regulatory Changes for PA Long-Term Care Facilities

While the Pennsylvania Department of Health (“DOH”) regulations governing long-term care (“LTC”) facilities have historically set forth the process for the closure of an LTC facility (see 28 PA Code 201.23), the regulations have… more

Change of Ownership, Healthcare Facilities, Long Term Care Facilities, Ombudsman, Pennsylvania

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Michael Greenfield

New Rule Gives NLRB Ability to Block Union Elections

On July 26, 2024, the National Labor Relations Board (NLRB) issued the finalized Fair Choice – Employee Voice Final Rule (New Rule). The most impactful change of the New Rule is the NLRB’s ability to block a union election from… more

Labor Relations, NLRA, NLRB, Unfair Labor Practices, Union Elections

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Daniel Hennessey

Pennsylvania to Join Three Interstate Health Care Licensure Compacts

Pennsylvania Governor Josh Shapiro recently announced that, effective July 7, 2025, Pennsylvania will commence full participation in three interstate health care licensure compacts: the Interstate Medical Licensure Compact, the… more

Government Agencies, Health Care Providers, Healthcare, Healthcare Reform, Interstate Compacts

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Joseph Hofmann

NLRB Modifies the Independent Contractor Standard

In its new decision regarding The Atlantic Opera, Inc., the National Labor Relations Board (NLRB) has overturned its 2019 SuperShuttle decision, which set a standard for determining independent contractor status under the… more

Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification, NLRB

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Paige Hogan

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict… more

Appeals, Appellate Courts, Federal Rules of Civil Procedure, Intellectual Property Litigation, Jurisdiction

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Charles Honart

FTC Ends Defense of Its Noncompete Ban and Announces Enforcement Initiatives

As anticipated, a recently reconstituted Federal Trade Commission (FTC or Commission) announced on Friday that it would no longer defend its previously issued rule (Rule) banning most noncompete agreements. See our prior post… more

Antitrust Violations, Competition, Enforcement Actions, Federal Trade Commission (FTC), FTC Act

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Joanne Judge

Should You Be a Rural Emergency Hospital?

The Centers for Medicare and Medicare Services (“CMS”) published the proposed rule for establishing Rural Emergency Hospitals on June 30, 2022. The federal assistance opportunities for these types of providers may prompt… more

Centers for Medicare & Medicaid Services (CMS), Conditions of Participation (CoP), Critical Access Hospitals, Hospitals, Rural Health Care Providers

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Gerard Karam

Supreme Court Holds That Economic Loss Is Not Required for Wire Fraud

On May 22, 2025, the Supreme Court of the United States resolved a deep circuit split by holding that “fraudulent inducement” is a valid theory of wire fraud under 18 U.S.C. § 1343. In other words, lying to induce a victim to… more

Construction Contracts, Construction Industry, Criminal Prosecution, Department of Transportation (DOT), Federal Funding

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Patrick Kennedy

Seeking Equitable Adjustments in New Jersey Public Contracts: How Proposed 2025 Tariffs Could Trigger Relief

President Donald Trump has announced tariffs on approximately 60 countries, including the United States’ three largest trading partners, China, Canada and Mexico. As a part of these tariffs, goods imported from Mexico and Canada… more

Construction Contracts, Construction Industry, Contract Disputes, Government Agencies, New Jersey

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Richard King

CMS Final Rule: Medicare Advantage Plans Subject to Two-Midnight Coverage Condition

On June 5, 2023, CMS’s Final Rule regarding, among other things, “Technical Changes to the Medicare Advantage Program” will become effective – refer to the CMS Fact Sheet and the Final Rule as published in the Federal Register… more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Health Insurance, Healthcare

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Kenneth Kleinman

The Occupational Safety and Health Administration Issues Final “Walkaround Rule”

In a significant revision to long-standing Department of Labor regulations, OSHA announced a final rule on March 29, 2024, establishing the rights of employees to choose a representative, whether an employee or a non-employee,… more

Department of Labor (DOL), Final Rules, OSHA, Safety Inspections, Unions

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Wade Koenecke

NJ Appellate Court Rejects “Hybrid Procurement Process” Used in Award of Ferry Services Contract - UPDATED July 18 2024

On April 2, 2024, The New Jersey Superior Court, Appellate Division reversed a decision of the trial court that upheld the $2 million award of a ferry services contract under Monmouth County’s purportedly “hybrid” procurement… more

Appellate Courts, Competitive Bidding, New Jersey, NJ Supreme Court, Procurement Guidelines

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Brian Koscelansky

Supreme Court of Pennsylvania Boosts Tax-exempt Bond Financing and Economic Development in the Commonwealth

On Feb. 21, the Supreme Court of Pennsylvania issued its long-awaited tax-exempt bond financing decision, Ursinus College v. Prevailing Wage Appeals Board (No. 18 MAP 2023). Its opinion is a major victory for Pennsylvania… more

Bond Financing, But For Causation, Conduit Trust, Construction Project, Economic Development

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Kate Kuhn

H-1B Modernization Rule Takes Effect: Repercussions of Job Changes for H-1B Employers and Employees

On Jan. 17, 2025, U.S. Citizenship and Immigration Services (USCIS) regulations focusing on the H-1B nonimmigrant classification (a nonimmigrant status for foreign workers in specialty occupations) went into effect. In part,… more

Compliance, FDNS, Foreign Nationals, Foreign Workers, H-1B

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Brad Kushner

Third Circuit’s Precedential Ruling Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively

On Oct. 11, 2024, the Third Circuit Court of Appeals filed a unanimous, precedential opinion affirming judgment as a matter of law in favor of Southeastern Pennsylvania Transportation Authority (SEPTA) in a Family and Medical… more

Absenteeism, Certifications, Corporate Counsel, Family and Medical Leave Act (FMLA), Health Care Providers

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Catherin MacDuff

Seeking Equitable Adjustments in New Jersey Public Contracts: How Proposed 2025 Tariffs Could Trigger Relief

President Donald Trump has announced tariffs on approximately 60 countries, including the United States’ three largest trading partners, China, Canada and Mexico. As a part of these tariffs, goods imported from Mexico and Canada… more

Construction Contracts, Construction Industry, Contract Disputes, Government Agencies, New Jersey

See all updates »

Blake Marles

Supreme Court of Pennsylvania Boosts Tax-exempt Bond Financing and Economic Development in the Commonwealth

On Feb. 21, the Supreme Court of Pennsylvania issued its long-awaited tax-exempt bond financing decision, Ursinus College v. Prevailing Wage Appeals Board (No. 18 MAP 2023). Its opinion is a major victory for Pennsylvania… more

Bond Financing, But For Causation, Conduit Trust, Construction Project, Economic Development

See all updates »

Shelly Ann Melendez

Supreme Court to Review Reverse Discrimination Employment Case

Title VII claims alleging employment discrimination are analyzed under the McDonnell Douglas framework which requires that the employee first show that they are a member of a protected class (race, color, religion, sex, national… more

Anti-Discrimination Policies, Employment Discrimination, Protected Class, Reverse Discrimination, SCOTUS

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Manuela Morais

H-1B Modernization Rule Takes Effect: Repercussions of Job Changes for H-1B Employers and Employees

On Jan. 17, 2025, U.S. Citizenship and Immigration Services (USCIS) regulations focusing on the H-1B nonimmigrant classification (a nonimmigrant status for foreign workers in specialty occupations) went into effect. In part,… more

Compliance, FDNS, Foreign Nationals, Foreign Workers, H-1B

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Karl Myers

Not So Fast: Enforcing an Appellate Decision Requires the Appellate Court’s Mandate or Remand

Here is a typical scenario. You appeal your case to a federal or state appellate court. The briefing is done and dusted. The case is argued. Everyone is patiently waiting for the appellate court’s decision. Then — voila — the… more

Appeals, Appellate Courts, Appellate Jurisdiction, Federal Court Litigation, Federal Rules of Appellate Procedure

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Ryan O'Neill

Supreme Court Holds That Economic Loss Is Not Required for Wire Fraud

On May 22, 2025, the Supreme Court of the United States resolved a deep circuit split by holding that “fraudulent inducement” is a valid theory of wire fraud under 18 U.S.C. § 1343. In other words, lying to induce a victim to… more

Construction Contracts, Construction Industry, Criminal Prosecution, Department of Transportation (DOT), Federal Funding

See all updates »

Kathryn Ott

Estate Planning Essentials for Health Care Providers: Protecting Legacy and Loved Ones

Physicians and healthcare providers, like many others with demanding professions, often postpone or overlook their own estate planning and preparation. Estate planning is a fundamental process for individuals at any stage of… more

Advance Directives, Asset Protection, Beneficiaries, Business Succession, Estate Planning

See all updates »

Alicia Pearson

New York Adopts Certificate of Need Amendments to Streamline Reviews of Health Facility Projects

The New York State Department of Health (the Department) adopted amendments to its Certificate of Need (CON) regulations at Part 710 of Title 10 of the New York Codes, Rules and Regulations (NYCRR) to update, modernize and… more

Certificate of Need, Construction Industry, Final Rules, Health Care Providers, Healthcare

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Sasha Phillips

Supreme Court Rules: No Extra Hurdles for Reverse Discrimination Cases

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services that reverse discrimination claims are no longer subject to different rules. This decision alters the landscape for… more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Employer Responsibilities, Employment Discrimination, Employment Litigation

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Tristan Potter

New Jersey’s Medical Debt Relief Act Now Fully in Effect

In July 2024, New Jersey Governor Phil Murphy signed the Louisa Carman Medical Debt Relief Act into law (the Act). The Act protects patients from certain medical debt collection actions and contains several restrictions on… more

Consumer Protection Laws, Consumer Reporting Agencies, Debt Collection, Governor Murphy, Health Care Providers

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Kirsten McAuliffe Raleigh

Budget Negotiations May Delay Payments from the PA Department of Aging, DDAP, DOH or DHS

On July 29, 2025, Uri Monson, Secretary for the Pennsylvania Governor’s Office of the Budget issued a letter to its “partners in health and human services,” notifying them that since they work for a human services organization… more

Appropriations Bill, Department of Health and Human Services (HHS), Government Agencies, Healthcare, Public Health

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Derek Schultz

New Rule Gives NLRB Ability to Block Union Elections

On July 26, 2024, the National Labor Relations Board (NLRB) issued the finalized Fair Choice – Employee Voice Final Rule (New Rule). The most impactful change of the New Rule is the NLRB’s ability to block a union election from… more

Labor Relations, NLRA, NLRB, Unfair Labor Practices, Union Elections

See all updates »

Lisa Scidurlo

Supreme Court Rules: No Extra Hurdles for Reverse Discrimination Cases

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services that reverse discrimination claims are no longer subject to different rules. This decision alters the landscape for… more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Employer Responsibilities, Employment Discrimination, Employment Litigation

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Andrew Stein

HIPAA Final Rule on Reproductive Health Care Privacy Struck Down

In June 2024, the U.S. Department of Health & Human Services’ Office for Civil Rights (HHS) issued a Final Rule modifying the HIPAA Privacy Rule to enhance reproductive health care privacy affecting all HIPAA covered entities… more

Constitutional Challenges, Data Privacy, Department of Health and Human Services (HHS), Final Rules, Health Insurance Portability and Accountability Act (HIPAA)

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David Stewart

Supreme Court Holds That Economic Loss Is Not Required for Wire Fraud

On May 22, 2025, the Supreme Court of the United States resolved a deep circuit split by holding that “fraudulent inducement” is a valid theory of wire fraud under 18 U.S.C. § 1343. In other words, lying to induce a victim to… more

Construction Contracts, Construction Industry, Criminal Prosecution, Department of Transportation (DOT), Federal Funding

See all updates »

Thomas Tammany

New CMS Informed Consent Guidance for Sensitive Examinations of Unconscious Patients

On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”), through the Centers for Medicare & Medicaid Services (“CMS”), Center for Clinical Standards and Quality/Quality, Safety & Oversight Group, issued new… more

Centers for Medicare & Medicaid Services (CMS), Conditions of Participation (CoP), Department of Health and Human Services (HHS), Healthcare, Hospitals

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Christyan Telech

Watching Your Back: Protections for Physicians in MSO Transactions

Management Services Organizations (MSOs) have established themselves as a commonplace structure in health care transactions, promising to streamline administrative functions in medical practices, such as billing, human resources… more

Compensation & Benefits, Contract Negotiations, Contract Termination, Contract Terms, Dispute Resolution

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Michael Tierce

Supreme Court Rules: No Extra Hurdles for Reverse Discrimination Cases

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services that reverse discrimination claims are no longer subject to different rules. This decision alters the landscape for… more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Employer Responsibilities, Employment Discrimination, Employment Litigation

See all updates »

Catherine Reese Urban

New CMS Informed Consent Guidance for Sensitive Examinations of Unconscious Patients

On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”), through the Centers for Medicare & Medicaid Services (“CMS”), Center for Clinical Standards and Quality/Quality, Safety & Oversight Group, issued new… more

Centers for Medicare & Medicaid Services (CMS), Conditions of Participation (CoP), Department of Health and Human Services (HHS), Healthcare, Hospitals

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Hon. Thomas Vanaskie

Victory for Community Hospitals and Nonprofits: Supreme Court of Pennsylvania’s Landmark Tax Exemption Decision

On May 30, the Pennsylvania Supreme Court issued its long-awaited opinion in Pottstown School District v. Montgomery County Board of Assessment Appeals. In a 5-2 decision, the court held that Pottstown Hospital in Montgomery… more

Charitable Organizations, Community Health Systems, Compensation & Benefits, Employee Benefits, Executive Compensation

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Theresa Zechman

Employers Take Note: EEOC Releases New Guidance Addressing Workplace Misconduct

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finalized its harassment guidelines addressing workplace misconduct. The new guidelines, which supersede the EEOC’s 1990s publications, address the #MeToo… more

Employee Misconduct, Equal Employment Opportunity Commission (EEOC), Gender Identity, Remote Working, Sexual Harassment

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Jeffrey Zimskind

H-1B Modernization Rule Takes Effect: Repercussions of Job Changes for H-1B Employers and Employees

On Jan. 17, 2025, U.S. Citizenship and Immigration Services (USCIS) regulations focusing on the H-1B nonimmigrant classification (a nonimmigrant status for foreign workers in specialty occupations) went into effect. In part,… more

Compliance, FDNS, Foreign Nationals, Foreign Workers, H-1B

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