LexisNexis® Legal Newsroom
Ballard Spahr LLP: HUD Notice Has Potential To Encourage Broad PHA Renewable Energy Rollout

By Sharon Wilson Géno and Darin M. Lowder In an effort to support President Obama's July 2013 Climate Action Plan, the U.S. Department of Housing and Urban Development (HUD) has issued Notice PIH-2014-18 (HA) . The notice offers guidance on federal incentives for public housing authorities...

Ballard Spahr LLP: Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, 9th Circuit Holds

By the Consumer Financial Services Group In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not bound by the terms’...

Ballard Spahr LLP: Government Agencies Release Further Accommodations to Organizations Opposing Mandated Contraceptive Coverage

By Jean Hemphill and Brian Pinheiro In response to the recent U.S. Supreme Court decision in Burwell v. Hobby Lobby, Inc., [ enhanced opinion available to lexis.com subscribers ], the U.S. Departments of Health and Human Services (HHS) and Labor (DOL) published proposed rules on August 22, 2014, expanding...

Ballard Spahr LLP: 3rd Circuit Rejects Class Certification in Yet Another Consumer Case

By Burt M. Rublin and Joel E. Tasca Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged overbilling practices, which implicated differing...

Ballard Spahr LLP: Student Employees Under The Affordable Care Act's Employer Mandate

By Edward I. Leeds and Daniel V. Johns Effective January 1, 2015, colleges and universities will need to comply with the employer mandate under the Affordable Care Act, which will have particular implications involving certain student employees. The employer mandate requires large employers (defined...

Ballard Spahr LLP: Health Plan ID Program Suspended

By Edward I. Leeds Late on October 31, the Centers for Medicare and Medicaid Services (CMS) Office of E-Health Standards and Services announced that it was suspending the program that required all health plans to register for a health plan ID number to be used in certain electronic transactions. This...

Ballard Spahr LLP: Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production

By Philip N. Yannella and Thomas J. Gallagher IV U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure governing document production. One rule requires...

Ballard Spahr LLP: New Guidance on Affordable Care Act Reporting Requirements

By Edward I. Leeds The Internal Revenue Service has issued two lengthy sets of questions and answers on the requirement under the Affordable Care Act that employers report on their compliance with the employer mandate and employees' qualification for exchange subsidies. The new guidance is divided...

Ballard Spahr LL:P: Hawai’i Enacts Legislation Creating Community-Based Renewable Energy Program

By Howard H. Shafferman and Katie Leesman A law that could significantly expand access to renewable energy generation in Hawai’i through a new community-based renewable energy program was approved by Governor David Ing on June 8, 2015. While the new law is couched in terms of “renewable...

Ballard Spahr LLP: FFIEC Tool Helps You Assess Cyber Risk

The Federal Financial Institutions Examination Council (FFIEC) has released its long-awaited Cybersecurity Assessment Tool (Assessment) to help financial institutions identify the inherent risks faced by a company and determine the level of maturity of a company’s cybersecurity preparedness. The...

Ballard Spahr LLP: Penn Study Unlikely To Result In Flood Of Fracking Lawsuits

By Harry Weiss and Philip N. Yannella | A recently released study from scientists at the University of Pennsylvania suggests a link between hydraulic fracturing ("fracking") for gas and oil and cardiac and neurological illnesses. Whether the report triggers a rash of lawsuits is an open...

Ballard Spahr LLP: 11th Circuit: Rule 23 Trumps State Law Limitation On Class Actions

By Michael R. Carroll, Burt M. Rublin, and Neal Walters Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the ADTPA itself expressly...

Ballard Spahr LLP: DOJ Cracks Down on Cyber Criminals

The Department of Justice (DOJ) recently announced the largest coordinated international law enforcement effort ever directed at an online cyber-criminal forum. Financial institutions and other companies should consider whether to incorporate some of the lessons learned from the DOJ’s Operation...

Ballard Spahr LLP: 3rd Circuit Clarifies Article III Standing For Absent Class Members, Impact Of Comcast

By Burt Rublin, Michael Carroll, and Casey Watkins In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that so long as any named...

Ballard Spahr LLP: 7th Circuit Green Lights Data Breach Class Action Against Neiman Marcus

By Phillip N. Yannella, Daniel JT McKenna and Suzanne O. Lufadeju An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority...

Ballard Spahr LLP: 7th Circuit Rejects 'Heightened Ascertainability' Requirement For Class Actions

By Michael R. Carroll and Burt M. Rublin Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to identify class members in a reliable and administratively...

Ballard Spahr LLP: California, Nevada Expand Scope of Customer Personal Information Subject to Reasonable Security Measures

Recent statutory amendments passed in California and Nevada expanding the definition of “personal information” will significantly impact the security measures businesses operating in these states must implement when handling personal information of customers residing there. California...

Ballard Spahr LLP: New York, Connecticut Establish Community-Based Renewable Energy Programs

New York and Connecticut recently joined at least 13 other states, including Hawai’i and Maryland, in establishing measures that could significantly expand access to renewable energy generation in those states through community-based renewable energy programs. Because certain federal tax credits...

Ballard Spahr LLP: Pharmaceutical Companies Get Off-Label Marketing Victory

. . . A federal judge ruled that the Food and Drug Administration (FDA) cannot prohibit a pharmaceutical company from marketing its drugs for off-label uses if its claims are truthful and not misleading. This ruling, while not precedential, alters the traditional compliance analysis regarding the legality...

Ballard Spahr LLP: DOE Offers $1 Billion in Federal Loan Guarantees for Distributed Energy Projects, Provides Guidance

By Howard H. Shafferman and Darin Lowder The U.S. Department of Energy (DOE) recently announced that it will make $1 billion available for distributed energy project loan guarantees. DOE issued supplements to the existing loan guarantee solicitations for Advanced Fossil Energy (AFE) Projects and for...

Ballard Spahr LLP: The Next EFTA Class Action Wave Has Started

A new type of Electronic Funds Transfer Act (EFTA) class action is now being filed in volume. This trend is highly likely to continue, as the cases are being filed by a consumer class action firm that has filed hundreds of class actions under the Telephone Consumer Protection Act. Other plaintiffs’...

Ballard Spahr LLP: Pennsylvania Data Breach Class Action Survives Motion to Dismiss

By Daniel JT McKenna, Philip N. Yannella and Suzanne O. Lufadeju A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s employment...

Ballard Spahr LLP: Flurry of FCRA Complaints Recently Filed in Nevada Courts

Approximately 50 cases have been filed recently in Nevada state and federal courts against furnishers of information and credit reporting agencies (CRAs) for alleged Fair Credit Reporting Act (FCRA) violations. It appears that consumer rights attorneys have teamed up with consumer bankruptcy firms to...

Ballard Spahr LLP: California Updates Data Breach Notification Statute

By Odia Kagan, Philip N. Yannella and Roshni Patel Three bills that will update California’s data breach notification requirements have been signed into law by Governor Jerry Brown. The bills impose specific requirements on providing breach notification to consumers, add a definition of “encryption...

ACC Foundation Releases Largest Study of its Kind on Cybersecurity Among In-House Counsel Underwritten by Ballard Spahr LLP

The Association of Corporate Counsel Foundation (ACC) released a State of Cybersecurity report underwritten by Ballard Spahr on December 9, 2015. The report provides valuable insights on cybersecurity issues from more than 1,000 corporate lawyers at 887 organizations worldwide—most of whom hold...