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Morris James postings of significant news, original articles and legal insight related to Delaware.
Showing 32 posts in News.
Attorney and legislative specialist, Andrew B. Wilson, a member of the Morris James LLP Healthcare Law and Government Relations Groups, will serve as the Distinguished Speaker at the 2nd Annual Healthcare Compliance Symposium. More ›
The Administrative Office of the U.S. Courts estimates that federal court operations will remain funded through Jan. 31, 2019. The extension has been achieved by deferring non-critical operating costs and the usage of court filing fees and other available funds.
Court System Notices
- US Courts: Judiciary Has Funds to Operate Through Jan. 31
- DE District Court: Notice Regarding Court Operations During Lapse in Appropriations
- DE Bankruptcy Court: Notice Regarding Court Operations During Lapse in Appropriations
Litigation and filings will continue in Delaware during the federal government shutdown. If you have questions, please contact our Director of Client Relations Dawn Sheiker (302.888.6804; firstname.lastname@example.org).
Here’s a first look at Governor Carney’s State of the State today, January 17. Plenty of air time on a wide range of healthcare issues, including spending benchmarks, addiction, mental health, raising the legal age to purchase tobacco to 21, and even prison healthcare system reform. All in all an ambitious agenda for the 2019 legislative session.
A frequent lecturer on The Tax Cuts & Jobs Act of 2017 since its passage in late December, Bruce W. Tigani will be presenting on the New Tax Act at the upcoming Delaware Tax Institute on December 7, 2018. His presentation will focus on the Qualified Business Income (QBI) Deduction and Choice of Entity Planning & Developments, including the recently announced guidance from the IRS impacting S corporation shareholders, LLC members, and proprietors. Bruce will conclude with case-study comparisons illustrating the impact of the QBI deduction and other aspects of the New Tax Act on entity selection for doing business. More ›
The 2019 U.S. News – Best Lawyers® annual guide of the “Best Law Firms" recognizes Morris James as a "Best Law Firm" in the national category of Litigation-Mergers & Acquisitions as well as 25 additional categories for their Delaware practices. More ›
Morris James Takes the Lead in Delaware Today Top Lawyers Survey
Morris James LLP is pleased to announce that the lawyers listed below were recognized as Top Lawyers by their peers in a survey of Delaware attorneys conducted by Delaware Today magazine. Morris James had more top lawyers and top vote-getters than any other law firm in Delaware. 39 attorneys were named in 20 practice areas. More ›
Bruce Tigani, chair of Morris James' Tax, Estates and Business practice, presented on the New Tax Act at the Delaware Trust Conference held October 24th. http://bit.ly/2q4t3WF
(L-R) Bruce Tigani, Jordan Rosen, Jerry Grossman
With a law career spanning over 30 years, Bruce maintains a broad-based business, tax, healthcare and real estate practice. In providing clients an integrated focus to both transactional and planning aspects essential to their needs, Bruce delivers a coordinated and comprehensive approach to the representation of regionally based closely-held businesses, professional practices, and individuals.
@MorrisJamesLLP was excited to sponsor the 2018 Dogfish Dash benefitting the Delaware Chapter of The Nature Conservancy. Over 3,000 runners from 32 states ran the 13th annual Dogfish Dash yesterday! #dogfish #natureconservancy
Earlier this month the FDA announced that use of electronic cigarettes (or “e-cigs”) reached epidemic proportions among teenagers and it is cracking down. It placed the burden on five manufacturers to prove their devices are not being sold to minors and sent out notices to retailers reminding them of the prohibition against selling to minors under federal law. Delaware has had this same debate in slow motion starting in 2014, attempting to leverage its three main regulatory strategies: sales to minors, Clean Indoor Air Act, and taxes.
Delaware’s three major mechanisms are as follows:
- 11 Del.Code §§ 1115-27 - Prohibition of Tobacco Sale to Minors
- 16 Del.Code §2901 et al. - Clear Indoor Air Act
- 30 Del.Code § 5301 et al. - Tobacco Excise Tax
The first Delaware State Bar Association Health Law Section meeting with Morris James LLP attorney Andrew Wilson leading along with Rob Collins will convene on Monday, October 22nd at 12:00 pm when the Section will reconvene at the Bar Association on King Street. Drew Wilson was recently appointed as a co-chair of the Section. The group will discuss opportunities and goals for the section over the next year. It’s an exciting time in health law and policy; the section could play an impactful role. Anyone involved in the Delaware healthcare industry should contact Drew directly about ideas for the section, and the role it can play in education and awareness. Lunch will be provided, but those unable to attend in person can participate by phone. The call-in information is 1-800-391-2548, with pin code 75484489. There will also be an upcoming health-related CLE titled “The Opioid Epidemic and the Law.” on the morning of September 26th from 9: 00 am to 12:30 pm. The keynote speaker will be our Attorney General, Matt Denn, who has championed the issue during his time in office. Contact Drew for more details!
Jeffrey R. Waxman, Counsel to the Alleged Victims of Harvey Weinstein, was Quoted in Law360, Bloomberg and Variety Magazine
During the hearing in Wilmington, Delaware, the Weinstein Co. lost its fight to keep Harvey Weinstein’s employment contract secret. That document shows that Harvey Weinstein's actions were facilitated by the company, Jeffrey Waxman, a Morris James partner and bankruptcy lawyer for the alleged victims, said in court. Click on the links below for the full articles.
Over the course of the next few weeks Morris James is going to tell you everything you need to know about healthcare bills that should be on your radar as we close out this legislative session. Guns, mental health, opiates, primary care reform, marijuana, and “the Benchmark” are all on the radar screen. If the world was created in seven days, we can give you that many days of posts to set the healthcare law table on the 149th on each of these topics. Of course, there are always a few “June Surprises” as well that we’ll stay on top of for you.
First, to understand these bills, let’s place them in the right historic context; nothing does that like the budget. In the words of Delaware’s own Vice President Joe Biden, “Don't tell me what you value, show me your budget, and I'll tell you what you value.” So this first post will be about the 2018 Budget and “one time investments.” After the 2017 “shared sacrifice” budget battle and cuts that led to the first late budget in nearly fifty years, it is hard now to reconcile that the state has nearly $430 million in “surplus” revenue as we enter the final month of the 149th Session. For many legislators, this is the first session in their careers that is not predicated on finding cuts and generating revenue. In that context, Governor Carney has been strongly urging caution. “One-time revenues for one-time investments” is the mantra from the executive branch. Governor Carney consistently urges that the fundamental budget still has long-term structural flaws and that putting budget dollars into continued programming may lead to the legislature having to cut that very same programming in the near future. More ›
Delaware Super Lawyers® magazine has recognized five Morris James partners as top legal counsel in Delaware and five "Rising Stars®" attorneys. "Rising Stars®” is a recognition for lawyers who are 40 or under, or who have been practicing for 10 years or less.
Super Lawyers® selects outstanding lawyers from more than 70 practice areas throughout the United States who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Only the top five percent of attorneys in each state are honored as Super Lawyers in this annual list, and the Rising Star selection is limited to only 2.5 percent of eligible attorneys, according to Super Lawyers’ website.
Morris James attorneys recognized on the 2018 Delaware Super Lawyers® list are:
P. Clarkson Collins
Jason C. Jowers
Lewis H. Lazarus
Edward M. McNally
Employment and Labor:
David H. Williams
Business Litigation Rising Stars:
Meghan A. Adams
Albert J. Carroll
Patricia A. Winston
Medical Malpractice Rising Stars:
Chambers USA: America's Leading Lawyers for Business Recognizes 15 Morris James Lawyers and Issues 5 Firm Practice Rankings in the 2018 Edition
Thirteen Morris James partners have been named leaders in their respective fields by Chambers USA, and two additional partners were named “recognized practitioners” in Delaware for Corporate/M&A: Alternative Entities. Morris James also received five practice recognitions.
Clarkson Collins Jr.
Lewis H. Lazarus
Edward M. McNally
Brett D. Fallon
Carl N. Kunz III
Stephen M. Miller
Corporate/M&A: Alternative Entities
John M. Bloxom IV
Real Estate & Zoning/Land Use
Labor & Employment**
James H. McMackin III
David H. Williams
Richard K. Herrmann
Mary B. Matterer
* Recognized Practitioner
** Recognized Practice Areas
Third Circuit Dismisses Employees’ Class Action Suit and Finds Chemours’ Severance Plan is not Subject to ERISA
In developing severance plans, employers should take note of the factors courts will consider in determining whether a plan would be considered an “employee welfare benefit plan” under the Employment Retirement Security Act (ERISA). Severance benefits do not implicate ERISA unless they require the establishment and maintenance of a separate and ongoing administrative scheme, and it appears that the employer’s intention is to provide benefits on a regular and long-term basis.
On April 30, 2018, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a lawsuit initiated by a class of former employees against Chemours Company under ERISA related to an employee severance plan(Giraradot, et al. v. The Chemours Company). More ›