Duane Morris Insurance Law howell sb_1528 jeffrey_anhalt | General | Wednesday May 16, 2012 | By Jeffrey J. Anhalt

Last August in Howell v. Hamilton Meats, 52 Cal.4th 541 (2011), the California Supreme Court confirmed what appears fairly obvious – that the quantum of a personal injury plaintiff’s medical expenses potentially recoverable in tort litigation are those...

Duane Morris New Markets Tax Credit, Affordable Housing and Finance Law entities community cdfi_fund momjian development food_desert new_markets_tax_credits | New Markets Tax Credit Program | Wednesday May 16, 2012 | By Arthur J. Momjian

In its 2011 allocation agreement the CDFI Fund added the "Food Desert" as one of the two secondary criteria which a community development entity may use to qualify a site as “highly distressed” under the Federal New Markets Tax Credit...

Duane Morris Insurance Law contribution jason_m_horst california_supreme_court equitable_allocation insurance | General | Tuesday May 15, 2012 | By Jason M. Horst

Insurers hoping for a definite answer regarding the limitations period for filing equitable contribution claims against one another were disappointed when, on April 11, 2012, the California Supreme Court refused to review the Fourth District Court of Appeal’s...

Duane Morris TechLaw security it london olympic 2012 | Information, Technologies and Telecom | Tuesday May 15, 2012 | By Eric J. Sinrod

The London Olympics are set to begin in about 10 weeks' time. And as the excitement and pageantry build, concern also is growing with respect to congestion and IT challenges. There is little question that London, an already densely populated urban...

Duane Morris New Markets Tax Credit, Affordable Housing and Finance Law historic_tax_credits pennsylvania momjian | Historic Tax Credit Program | Monday May 14, 2012 | By Arthur J. Momjian

The Pennsylvania state Senate on April 2, 2012 approved the "Historic Preservation Incentive Act".  Pursuant to this Act a taxpayer may apply to the Pennsylvania Department of Community and Economic Development for a tax credit certificate which...

White-Collar Criminal Law brady_v._maryland legislative_reform breslin | General | Monday May 14, 2012 | By Eric R. Breslin

We all read Brady v. Maryland , 373 U.S. 83 (1963) in law school.   At least, it was assigned.   It remains a pillar of federal procedure; a transformative Warren Court opinion and a reminder of an era in which the expansion and definition of...

Duane Morris New Markets Tax Credit, Affordable Housing and Finance Law crowd_funding renewablel_energy momjian non-profits | General | Friday May 11, 2012 | By Arthur J. Momjian

The origin of the concept of crowd funding is attributed to 1997 efforts by fans who underwrote an entire U.S. tour for the British rock group Marillion.   Fans of the band raised $60,000 with donations following a fan based internet campaign....

Duane Morris Gaming Law internet_gaming frank_digiacomo new_jersey_casinos internet_wagering new_jersey_interent new_jersey | General | Friday May 11, 2012 | By Frank A. DiGiacomo

The New Jersey Legislature took another step towards legalizing online gaming in New Jersey.   On May 10, 2012, the New Jersey Assembly Regulatory Oversight and Gaming Committee introduced amendments to the prospective internet gaming legislation which...

Duane Morris New Markets Tax Credit, Affordable Housing and Finance Law new_markets_tax_credits community_development_entities momjian | New Markets Tax Credit Program | Thursday May 10, 2012 | By Arthur J. Momjian

The reduction of the annual allocation of New Markets Tax Credit authority by the CDFI Fund from 5 billion dollars to 3.5 billion dollars after the expiration of Stimulus legislation and the increased awareness of the benefits of the Program have...

White-Collar Criminal Law counsel_of_choice robert_dietrick model_rules_of_professional_conduct | General | Thursday May 10, 2012 | By Robert H. Dietrick

The Sixth Circuit recently cast significant doubt on the ability of an attorney to represent two of more defendants in a criminal case.   The Model Rules of Professional Conduct generally prohibit dual representation if the defense of one defendant will...

Duane Morris Health Law hospitals:_reform_updates physicians:_reform_updates hospitals:_reform_regulations physicians:_reform_regulations | Healthcare Reform | Wednesday May 09, 2012 | By DuaneMorris3

On May 3, 2012, the Centers for Medicare and Medicaid Services (CMS) officially announced that it will delay data-collection and reporting requirements under the Patient Protection and Affordable Care Act’s (ACA) Physician Payments Sunshine Act (the...

White-Collar Criminal Law michael_lyon honest_services restitution mvra insider_trading | General | Wednesday May 09, 2012 | By Michael J. Lyon

A federal judge recently allowed investment bank Morgan Stanley to recover legal fees and related costs that it had incurred as a result of a government investigation of its former employee under the Mandatory Victims Restitution Act (“MVRA”).   It did...

Duane Morris New Markets Tax Credit, Affordable Housing and Finance Law investment_tax_credit renewablel_energy momjian | General | Tuesday May 08, 2012 | By Arthur J. Momjian

With the expiration of the 1603 grant at the end of 2011, the development of renewable energy facilities has become more challenging.  The Affordable Housing, Community Development, and Tax Credit Syndication Group of Duane Morris has developed a...

White-Collar Criminal Law new_supreme_court_decisions breslin plea_bargaining | General | Tuesday May 08, 2012 | By Eric R. Breslin

This past March, the United States Supreme Court rather quietly effected what one commentator called “…the single greatest revolution in the criminal justice process since Gideon v. Wainwright provided indigents the right to counsel.” (New York Times, March...

Duane Morris Gaming Law new_york_gaming_commission new_york_gaming frank_digiacomo new_york_lottery new_york new_york_casinos | General | Tuesday May 08, 2012 | By Frank A. DiGiacomo

New York’s recent State Budget law changed the gaming regulatory structure in New York state moving forward.   The new law, the relevant parts of which become effective on October 1, 2012, created the New York State Gaming Commission, a new agency which...

Duane Morris New Markets Tax Credit, Affordable Housing and Finance Law power_purchase_agreement momjian wind_energy_facility renewal_energy | General | Monday May 07, 2012 | By Arthur J. Momjian

The Internal Revenue Service recently issued Private Letter Ruling 201214007 which concluded that in the acquisition by the taxpayer of a wind energy facility accompanied by a facility specific power purchase agreement the taxpayer was not...

Duane Morris Gaming Law j.scott slots racino corbett horsemen kramer | General | Monday May 07, 2012 | By J. Scott Kramer

Pennsylvania property owners received increased rebates this year toward their school tax bills as part of the Commonwealth program of using a share of gaming tax revenue to aid citizen’s property tax burden.   The payments fulfill the promise of the...

White-Collar Criminal Law waiver_of_right_to_trial_by_jury breslin | General | Monday May 07, 2012 | By Eric R. Breslin

It is commonly accepted that the right to a trial by jury is a principal protection afforded a criminal defendant.  The right is, of course, enshrined in the Constitution.  But it is also widely endorsed by the popular culture. ...

Duane Morris New Markets Tax Credit, Affordable Housing and Finance Law affordable_housing taliaferro momjian community_development | General | Monday May 07, 2012 | By Arthur J. Momjian

Adam Taliaferro, a member of the Affordable Housing, Community Development, and Tax Syndication Practice Group of Duane Morris LLP, was elected to the Board of Trustees of Penn State University.   Adam Taliaferro is based in the Firm’s Cherry Hill...

Duane Morris Health Law accretive hospital debt_collection health system cycle management revenue | Health Law | Friday May 04, 2012 | By Lisa W. Clark

The Minnesota Attorney General is on a mission to eliminate over-aggressive debt collection behavior in the hospital industry.   Her target is Accretive Health, Inc., a national company that provides support services to hospitals in Minnesota and other...

Duane Morris Construction Law kearney act taxpayer false georgia patrick claims | General | Friday May 04, 2012 | By Patrick J. Kearney

On April 16, 2012, Governor Nathan Deal signed the Georgia Taxpayer Protection False Claims Act (House Bill 822) into law.   The Georgia Taxpayer Protection False Claims Act, which goes into effect on July 1, 2012, establishes civil penalties for any...

Duane Morris Health Law mhealth applications payors hhs advertising unfair false investors trade privacy providers health hipaa mobile apps | Health Law | Friday May 04, 2012 | By Lisa W. Clark

The relationship between privacy and mobile applications is coming into focus.   On February 27, 2012, the California Attorney General entered into a Joint Statement of Principles with the six largest mobile application companies – Apple, Google, H-P,...

Duane Morris TechLaw applications hipaa unfair payors investors hhs mhealth mobile false health privacy providers apps advertising trade | Information, Technologies and Telecom | Friday May 04, 2012 | By Lisa W. Clark

The relationship between privacy and mobile applications is coming into focus.   On February 27, 2012, the California Attorney General entered into a Joint Statement of Principles with the six largest mobile application companies – Apple, Google, H-P,...

Duane Morris Gaming Law chris_soriano pennsylvania_gaming_control_board new_jersey_casinos pennsylvania_casinos | General | Friday May 04, 2012 | By Christopher L. Soriano

“They got two names in there for the whole country and one of them is still Al Capone.” That line, uttered by Joe Pesce’s character Nicky Santoro in the 1995 hit movie Casino , may have reflected a common view in the past toward casino exclusion lists...