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  • Article

    Nude Photos: A Positive For Employers?

    Last week, a federal judge in Illinois showed us why employers may be wise to (lawfully) search for and use electronic communications involving an employee.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    OSHA Proposes New Interpretation of Noise Standard for Construction and General Industry

    On October 19, 2010, the Occupational Safety and Health Administration (OSHA) published a notice in the Federal Register proposing to change the way in which the noise exposure standards for construction and general industry are interpreted, and modifying its enforcement policy accordingly.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
Article

Pennsylvania Favors Liberal Discovery Of Social Media Activity

In a recent decision, a Pennsylvania trial court concluded that no privilege exists to prevent access to non-public social website information of personal injury claimants.
United StatesEmployment and HR
Cozen O'Connor
Cozen O'Connor
  • Article

    Potential Side-Effects May Include Litigation

    The saying that the cure is sometimes worse than the disease has taken on new meaning for employers in light of a recent decision by the U.S. Court of Appeals for the Third Circuit.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Preparing For The Employee Free Choice Act: What Employers Should Be Doing In Advance Of New Labor-Friendly Legislation

    Organized labor spent a reported $450 million in the last election cycle supporting the candidacy of President Barack Obama and other candidates viewed as friendly to unions.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Read It, Ignore It, Delete It, Or Scoff At It, But Don't Reply To All

    Ok, does it get much more annoying? You’re finally focusing on your work and having a very productive Monday morning so far. Then you get that familiar "bing" – the 82nd e-mail of the morning already from 1 of 25 addressees on a prior e-mail, who responds "I agree" or "LOL!" or "Yes, Jon, let’s set that up" (and, oh by the way, you’re not Jon).
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Sixth Circuit Holds Full-Time Presence At Work Is Not An Essential Function Under ADA

    In a July 17, 2018 opinion, the U.S. Court of Appeals for the Sixth Circuit held "full-time presence at work is not an essential function."
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Slowly Stripping Away Privacy Rights?

    We have been starting to see more court decisions on the issue of whether private social media accounts can be discovered by a party in a lawsuit.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Social Media - Screening At Work And Job Interview

    Companies now frequently use social media to vet applicants, with some even going so far as to force applicants to permit company employees to access their various social media sites.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Third Circuit Rules Employer Cannot Be Forced To Arbitrate Retiree Health Care Claims

    Unfunded retiree health care benefits have been the elephant in the room for decades. Together with unfunded pension liabilities, they threaten the survival of both private companies and municipalities.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Two New Decisions On Two Old Fronts - Part 2 Of 2

    On Tuesday, I posted about a recent development on the issue of Facebook firings, and how we can continue to develop the applicable standard for analyzing that issue as the decisions keep coming.
    United StatesEmployment and HR
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Broad Street Brief: Philadelphia Schools Superintendent Bill Hite Says He Will Step Down Next August

    After nearly 10 years on the job, Philadelphia School District Superintendent William Hite said he will step down from his position when his contract expires in August 2022...
    United StatesEnergy and Natural Resources
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Judge Dismisses Gifford Claims Against USGBC, But Energy Efficiency Of LEED Buildings Unresolved

    Yesterday, Judge Sands dismissed Henry Gifford's suit against the USGBC.
    United StatesEnergy and Natural Resources
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Philadelphia Enacts Mandatory Energy And Water Use Disclosure Ordinance For Commercial Buildings

    To spur commercial building owners to invest in energy efficiency, Philadelphia City Council passed a mandatory energy and water disclosure ordinance on June 21, 2012.
    United StatesEnergy and Natural Resources
    Cozen O'Connor
    Cozen O'Connor
  • Article

    PUC Rejects Utilities’ Motions For Reconsideration; Evidentiary Hearings On Energy Savings Targets Have Commenced

    On August 3, 2012, the PUC issued an Implementation Order extending the EE&C Program under Act 129 of 2008 into a second phase.
    United StatesEnergy and Natural Resources
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Attorneys General Gather To Discuss Plastics Pollution Crisis And Explore Solutions

    On September 26–27, 2024, a bipartisan group of state attorneys general (AGs) was joined by nonprofit advocates, academics, and industry stakeholders...
    United StatesEnvironment
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Pennsylvania Commonwealth Court Voids Act 13 Zoning Provisions

    On Thursday, July 26, 2012, the Pennsylvania Commonwealth Court issued an order voiding those provisions of Act 13.
    United StatesEnvironment
    Cozen O'Connor
    Cozen O'Connor
  • Article

    When Payments Halt Progress: Dispute Resolution Via Parenting Coordination

    Canadian courts encourage parents and guardians to resolve conflict other than through court intervention, but some families still need a neutral decision-maker to move forward. Enter the parenting
    United StatesFamily and Matrimonial
    Cozen O'Connor
    Cozen O'Connor
  • Article

    3d Circuit Permits Pennsylvania Minority Shareholder To Sue Majority Shareholders For Breach Of Fiduciary Duty After Completion Of Cash-Out Merger

    In August, 2011, the U.S. 3d Circuit Court of Appeals held that the fact that the Pennsylvania Business Corporation Law (the PBCL) gives appraisal rights to minority shareholders "squeezed out" by a merger does not preclude other remedies, including a breach of fiduciary duty claim.
    United StatesFinance and Banking
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Dealing With Your Lender In Troubled Times

    Companies with financing arrangements often think that the best way to get through a difficult time is to slip below the radar screen and hope that their lender won’t notice.
    United StatesFinance and Banking
    Cozen O'Connor
    Cozen O'Connor
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