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Pennsylvania Supreme Court Holds PA Employers Have an Affirmative Duty to Protect Employee Data

November 28, 2018


By Michael B. Hayes and Kelly K. Huff

As the calendar year begins to wind down, employers across the Commonwealth need to perk up.  On November 21, 2018,…

Title IX Update: DoE Releases Significant Proposed Changes

November 16, 2018


By Paul W. Apicella

This morning the Department of Education released a revised draft of proposed changes to regulations governing the obligations of higher…

The New Jersey Paid Sick Leave Act

October 3, 2018

Beginning on October 29, 2018, the New Jersey Paid Sick Leave Act (“the Act”) will require employers to provide paid…

New York State and New York City Anti-Harassment Laws

September 25, 2018

New York State and New York City have each recently enacted laws in regard to sexual harassment in the work…

The Right to Be Forgotten – California ≠ Europe

July 2, 2018


By Jeremy D. Mishkin and Ernest D. Holtzheimer

The European Union has endorsed a “right to be forgotten” since May 2014 when the European Court of Justice upheld…

United States Supreme Court: Government Employers Cannot Withhold Union Dues from Non-Union Employees

June 27, 2018


By William K. Kennedy and Brett M. Waldron

Today, the United States Supreme Court issued a decision declaring that the First Amendment of the Constitution prohibits government employers…

ISM: A Potent Tool for Defense of Ship Owners

June 25, 2018


By Alfred Kuffler

The IMO Resolution A.741 (18) states that “The international Safety Management Code seeks ‘… to ensure safety at sea, prevention of…

ISM and the Sinking of the SS El Faro

June 25, 2018


By Alfred Kuffler

The National Transportation Safety Board has published its report of its investigation into the sinking of the SS El Faro…

United States Supreme Court: Arbitration Agreements May Waive Employees’ Rights to Bring Class Actions

May 22, 2018


By Frank A. Chernak and Miriam H. Straus

In a 5-4 decision, the U.S. Supreme Court held that arbitration agreements between employees and employers waiving employees’ rights to…

Pennsylvania Superior Court Looks to Electronic Media Precedent to Adopt a Standard for Authenticating Social Media Posts

March 28, 2018


By Michael C. Witsch and Robert H. Bender, Jr.

On March 15, 2018, as a matter of first impression, a unanimous panel of the Superior Court of Pennsylvania looked…

New York City Human Rights Law Amended to Mandate “Cooperative Dialogue” with Employees Seeking an Accommodation

February 13, 2018


By Renee Nunley Smith

On January 19, 2018, New York enacted an amendment to the New York City Human Rights Law (“NYCHRL”) mandating that…

New NYC Laws Regarding Smoking

January 12, 2018


By Andrew P. Brucker and Marijana Predovan

Summary Owners of New York City residential buildings consisting of three or more units, whether a rental, a cooperative or…

Does a Co-op or Condo Need a Harassment Policy? Absolutely!

January 10, 2018


By Andrew P. Brucker

Introduction One cannot open a newspaper or listen to the news without hearing the latest reports of harassment.  And although…

Moldy Corn and Wrongful Arrest: The Potential Costs of Sloppy Paperwork

November 21, 2017


By Kaspar Kielland

In Casillo Commodities Italia S.p.a. v. M/V Long Cheer et al., Civ. No. 16-16612 (June 28, 2017), the charterer of…

The Definition of ‘Merchant’ in the Era of Blockchain Technology

November 20, 2017


By Wook Chung

When ocean freight remains unpaid or detention/demurrage charges are due and owing, ocean carriers typically claim against every party identified…

The Shipping Act bars Clayton Antitrust Act Relief

November 20, 2017


By Eric Chang

In re Vehicle Carrier Services Antitrust Litigation, 846 F.3d 71 (3d Cir. 2017), involved claims by plaintiff purchasers of vehicles…

Punitive Damages Ahoy!

November 16, 2017


By Alfred J. Kuffler

In Tabingo v. American Triumph LLC, No. 92913-1 (Wash., March 9, 2017), the Supreme Court of the State of Washington…

Charter Party “No Lien” Clause Enforced

November 16, 2017


By Timothy Semenoro

In Cal Dive Offshore Contractors, Inc. v. M/V SAMPSON, the U.S. District Court for the Southern District of New York…

Sole Third-Party Fault and Limitation of Liability Defenses Under the Oil Pollution Act of 1990 Clarified

November 16, 2017


By Eugene J. O'Connor

The case of US v. American Commercial Lines, LLC, No. 16-31150 (5th Cir. Nov. 7, 2017), is the latest chapter…

Recovery of Purely Economic Damages From Third Parties for an Oil Spill

November 10, 2017


By Robert E. O’Connor

In re Settoon Towing, L.L.C., 859 F.3d 340 (5th Cir. 2017), two flotillas of barges were sailing southbound on the…