Commentary

  • The Legal Intelligencer

    CFPB Advisory Opinion Targets Illegal Medical Debt Collection Tactics

    By John Soumilas | December 17, 2024

    Continuing its attack on the $220 billion worth of medical debt owed by Americans and the impact it can have on their lives, the Consumer Financial Protection Bureau recently issued guidance to medical debt collectors in the form of an advisory opinion. The opinion warned them that their debt collection activities may constitute unlawful practices under the Fair Debt Collection Practices Act and its implementing Regulation F.

  • The Legal Intelligencer

    2024 Year-End Tax Planning Guidance and Tips

    By Amy Neifeld Shkedy and Rebecca Rosenberger Smolen | December 17, 2024

    It’s crunch time for year-end tax planning. At this late juncture, hopefully our readers have already implemented, or at least started the process of implementing, year-end planning.

  • The Legal Intelligencer

    What Should the Environmental Regulatory Phoenix Look Like?

    By David G. Mandelbaum | December 17, 2024

    Although we may think some of the structures erected over the past 55 years could do with a redesign many of us think that some features of them really do serve some purpose. If it all burns, surely many of us have some thoughts about what the Phoenix might look like. I offer a few to get the ball rolling.

  • The Legal Intelligencer

    NJDEP Proposes Changes to Hazardous Substance Discharge Reporting Rules

    By Debra Rosen and Charles Dennen and Thomas Tyrrell | December 16, 2024

    This new rule proposes transformative changes to hazardous substance discharge reporting requirements that, if passed, will drastically change the way a party must respond to the discovery of a discharge of hazardous substances.

  • The Legal Intelligencer

    State-Sanctioned Discrimination: Title IX’s Expansive Loophole for Religious Institutions

    By Lindsay Burrill-VanDellen | December 16, 2024

    Title IX has an exception that allows widespread state-sanctioned discrimination against LGBTQ+ students in universities across the nation: the religious exemption. While Congress intended this exemption to be narrow—not “a giant loophole leading to widespread sex discrimination in education”—it has been anything but narrow, and as a result, Congress’ fears about widespread discrimination are being realized.

  • The Legal Intelligencer

    DOL Salary Level Final Rule Vacated

    By Andrea M. Kirshenbaum | December 13, 2024

    In a “it’s déjà vu all over again” moment, on Nov. 15, 2024, the U.S. District Court for the Eastern District of Texas in Texas and Plano Chamber of Commerce v. United States Department of Labor set aside and vacated the U.S. Department of Labor’s 2024 Final Rule increasing the salary level for employees to remain exempt from minimum wage and overtime under the Fair Labor Standards Act’s (FLSA) executive, administrative and professional (EAP) exemptions, and automatically updating the salary level every three years.

  • The Legal Intelligencer

    Dealing With an Undocumented Witness in the Second Trump Era

    By Will Sylianteng | December 13, 2024

    How do you—as a litigator—handle the questioning of an undocumented witness at a deposition, hearing or trial? Initially, if you are in the position of defending or producing the witness, one of the skills that is not taught in law school has to come into play—empathy.

  • The Legal Intelligencer

    Delaying Rent Payment by Assisted Living and Skilled Nursing Facilities in Chapter 11

    By Francis J. Lawall and Nikki Donofrio | December 13, 2024

    One of the most significant calls on cash involves post-petition rent obligations due on leased facilities. Under Section 365(d)(3) of the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.

  • The Legal Intelligencer

    AU 326, CECL and Calculating Loss Under GAAP

    By Brian Duffy | December 13, 2024

    Over the last eight years (longer if one were to consider the events, initial inquiries, comments and processes that got us there), there has been a significant shift surrounding how to account for losses embedded in financial assets.

  • The Legal Intelligencer

    Pa. Supreme Court Unanimously Upholds Pa. Statutes Restricting the Ability of Municipalities to Regulate Firearms

    By Michael T. Korns and Anna R. Hosack | December 13, 2024

    In Crawford v. Commonwealth, the Pennsylvania Supreme Court unanimously upheld the constitutionality of state preemptive firearm laws that prohibit municipalities from passing local gun regulations.

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