The United States Supreme Court recently held that Title VII creates a cause of action for a third party retaliation claim when the plaintiff himself did not engage in protected activity. In Thompson v. North American Stainless, the plaintiff and his fiancée worked at the same employer. The plaintiff was terminated after his fiancée filed a… Read more »
The increased use of text messaging and email by employees has risen dramatically, with no end in sight. In the workplace, text messages and emails may be sent by employees using employer-issued computers, BlackBerry devices and cell phones. But what happens when an employee uses these employer-issued devices for personal messages? Does an employer have… Read more »
Employee Assistance Programs (“EAPs”) are common among employers. These programs are designed to assist employees with personal issues arising within or outside the office, that may affect their work performance and productivity. The use of EAP, however, can impact litigation. Recently, the United States District Court for the Eastern District of Pennsylvania highlighted the significance… Read more »
On Friday, October 1, 2010, in Noel v. The Boeing Co., No. 08-3877, 2010 WL 381, 2010 U.S. App. LEXIS 20217 (3d Cir. Oct. 1, 2010), a case of first impression before the United States Court of Appeals for the Third Circuit, the appeals court held that the Lilly Ledbetter Fair Pay Act (“Fair Pay… Read more »
Articles In This Issue: 1. Walking A Fine Line: An Employer’s Right To Review Its Employee’s Electronic Messages 2. Workers’ Compensation Fraud: Tilting At Fraud Mills No Longer Quixotic 3. Building On Fraud: Qui Tam Issues In The Construction Industry 4. Federal Preemption Of Failure-To-Warn Claims After Wyeth v. Levine 5. Corporate Demise And The Search For… Read more »
Articles In This Issue: 1. Increased Spending on Fraud Enforcement Will Result in the Execution of More Search Warrants – Is Your Company Ready? 2. Employee’s Uphill Battle In Establishing A Class Action Under The ADA 3. A Sea Change In Government Contracts 4. The Use Of Arbitration Techniques To Resolve Modern Commercial Disputes 5…. Read more »
James W. Kraus and Doug K. Rosenblum authored “The Shifting Tide in FINRA Arbitrations,” which was published in The Legal Intelligencer.
Articles In This Issue: 1. Collateral Wars 2. Virtual Testimony Andits Impact On The Confrontation Clause 3. Social Networking Sites: A Potential Hornet’s Nest For Employers 4. The Day The Supreme Court Failed To Consider 401(K) Liability: What Should Insureds Do To Reduce Their Exposure? 5. Walk The Line: Reporting Anticipated Fraud Violations May Be… Read more »
Articles In This Issue: 1. What’s Happening To United States Patents? 2. The Legal And Practical Implications Of Doing Business In China 3. Subguard Insurance – A General Contractor’s Risk Management Option For Defaults By Subcontractors 4. Everything You Wanted To Know About Pennsylvania’s New Right-To-Know Law (But Were To Afraid To Ask) 5. The… Read more »
Pennsylvania’s new Right to Know Law (“RTKL”) represents a dramatic policy shift in favor of liberal access to records of public agencies. Under the new RTKL, which took effect on January 1, 2009, the party requesting the information no longer bears the burden of establishing why a record should be released. Rather, the burden has shifted to… Read more »