ArticlePlaintiffs Try To Find Loopholes In Landmark Mallory DecisionAs of this writing, there do not appear to be any major decisions interpreting Mallory.United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleIntellectual Property And College Athletics – NCAA Clarifies Stance On Student-Athlete CompensationOn April 29, 2020, the National Collegiate Athletic Association ("NCAA") clarified its position supporting the NCAA's Federal and State Legislation Working Group's proposed rule changes to...United StatesIntellectual PropertySchnader Harrison Segal & Lewis LLP
ArticleEEOC Bans Employers From Requiring Covid-19 Antibody Tests As A Condition Of EmploymentThe U.S. Equal Employment Opportunity Commission ("EEOC") recently issued new rules distinguishing Covid-19 antibody tests from testing for the virus itself in terms of what employers...United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleNew York Appeals Court Imposes Individual Employee Liability For Interfering With FMLA Leave And RetaliationOn March 17, 2016, the federal Court of Appeals in New York held for the first time as Second Circuit law that a human resources director and other managers can be liable for personally violating another employee's rights under the Family and Medical Leave Act ("FMLA").United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleSeventh Circuit Holds That Title VII Prohibits Sexual Orientation DiscriminationOn April 4, 2017, the United States Court of Appeals for the Seventh Circuit (which serves three states – Indiana, Illinois and Michigan), ruled that sexual orientation discrimination...United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleTelecommuting In The Time Of COVID-19Now, as the United States reaches an inflection point on how to handle the novel coronavirus (COVID-19) outbreak, many employers are being ordered to close offices to help stop the spread of COVID-19.United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleLift Of Prohibition On Same-Sex Marriages In Pennsylvania Provides New Estate Planning Opportunitiesin the case of Whitewood v. Wolf, the U.S. District Court for the Middle District of Pennsylvania struck down Pennsylvania’s ban on same-sex marriages.United StatesFamily and MatrimonialSchnader Harrison Segal & Lewis LLP
ArticleCreditors Can Be Found Liable For Violating The FDCPA When They Use Third Party Debt Collectors That Do Not Make Bona Fide Attempts To Collect DebtsLast week the Second Circuit held that: (1) a creditor can face liability under the Fair Debt Collection Practices Act (FDCPA) when a third party it hires to contact debtors does not make bona fide attempts to collect the debt but rather acts as a mere conduit between the creditor and debtor; and (2) the assignee of a debt is not a "creditor" for purposes of the Truth in Lending Act (TILA).United StatesFinance and BankingSchnader Harrison Segal & Lewis LLP
ArticleAtlas Pilot Union Cannot Use Work Stoppage As Negotiating Tactic, Says DC Circuit Court Of AppealsAtlas Air, Inc. and Polar Cargo Worldwide, Inc. won a victory in the Court of Appeals for the D.C. Circuit when the Court upheld a district court ruling enjoining the unions representing Atlas's pilots from encouraging strict compliance ...United StatesTransportSchnader Harrison Segal & Lewis LLP
ArticleFlorida Rejects Exercise Of Specific Personal Jurisdiction Over Out-Of-State Helicopter Manufacturer Under State Long Arm Statute And Constitutional Due Process AnalysisThe Florida Second District Court of Appeal recently reversed a trial court's determination that it had jurisdiction over Robinson Helicopter Company ("Robinson")...United StatesTransportSchnader Harrison Segal & Lewis LLP
ArticleNJ Supreme Court: Consumer Contract Arbitration Clauses Are Unenforceable Unless Consumers Are Clearly Notified That Court Redress Is WaivedArbitration clauses in consumer contracts are unenforceable in New Jersey unless they specifically state that a consumer is waiving the right to pursue remedies in court.United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticlePennsylvania Supreme Court Issues Two Important Decisions An Attorney-Client Privilege And Attorney's FeesAt the end of 2011, the Pennsylvania Supreme Court issued two decisions of significant importance to practitioners across the Commonwealth. First, in Commonwealth v. Harris, 32 A.3d 243 (Pa. 2011), the Court departed from federal law in holding that the collateral order doctrine applies to privilege decisions. United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleTrying A Pro Bono Case: Lessons Learned And Satisfaction EarnedLast year, I tried a prisoner civil rights case in the Eastern District of Pennsylvania. After a three-day trial, the jury returned a verdict in favor of my client and awarded him $30,000 in damages.United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleNew York Eases Rules On Deductions From Employee Wages New York employers will soon be able to make deductions from their employees' wages, with the employees' consent, for reimbursement of advances, inadvertent overpayments of wages and in payment for purchases of employer-provided goods and services under a recently passed amendment to New York's strict wage deduction law.United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleNew York Employers' Quarterly Wage And New Hire Reporting Requirements Expanded By Child Support LegislationNew York employers are now required under recently effective amendments to the New York State Tax Law to report the availability of dependent health care coverage to employees when filing mandatory quarterly wage and new hire reports with the State.United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleOther Voices: Tips For Closing Your M&A DealSo you think you may want to sell your business sometime soon? United StatesEnvironmentSchnader Harrison Segal & Lewis LLP
ArticleIRS To Audit Governance Practices Of Public CharitiesThe IRS Tax Exempt and Government Entities Division (TE/GE Division) has posted to its Web site a check sheet that revenue agents will use in examinations of public charities to evaluate their governance practices.United StatesTaxSchnader Harrison Segal & Lewis LLP
ArticleThe Changing Landscape Of Charitable Tax Exemption In PennsylvaniaOn February 17, 2015, the Pennsylvania Senate passed a bill that could have far reaching implications for all Pennsylvania nonprofit charitable organizations.United StatesCorporate/Commercial LawSchnader Harrison Segal & Lewis LLP
ArticleUS Department Of Education Levies More Fines For Clery Act ViolationsPresident Obama recently called attention to the issue of sexual violence on college campuses, stating that "more needs to be done to ensure safe, secure environments for students" and that "we must strengthen and address compliance issues." United StatesConsumer ProtectionSchnader Harrison Segal & Lewis LLP
ArticleGeorgia Supreme Court Finds Out-of-State Entity Authorized To Do Business In State Is Subject To General Personal JurisdictionIn Cooper Tire & Rubber Co. v. McCall, the Florida-domiciled plaintiff alleged he sustained injuries while travelling in Florida when the rear tire of his car failed. United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP