Andrew Herman

Andrew Herman

Ballard Spahr LLP

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Latest Publications


Pa. Superior Court: ‘Valuable Consideration’ Required for Employer Enforcement of Non-Compete Agreement

In a case of first impression, a Pennsylvania appellate court recently held that contractual language satisfying the state’s Uniform Written Obligations Act (UWOA)—that is, a statement that the parties “intend to be legally...more

5/23/2014 - Consideration Employment Contract Non-Compete Agreements Restrictive Covenants

Supreme Court Extends Sarbanes-Oxley Whistleblower Protection to Private Contractors Working for Public Companies

In its first decision regarding the whistleblower protection provision of the Sarbanes-Oxley Act (SOX), the U.S. Supreme Court held that employees of private contractors providing services to public companies are protected...more

3/10/2014 - Contractors FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

OSHA Launches Online Whistleblower System

Reflecting its renewed emphasis on "whistleblower" protection under the Obama administration, the Occupational Safety and Health Administration (OSHA) has launched an online whistleblower complaint system. The new feature on...more

12/10/2013 - OSHA Whistleblowers

FLSA Does Not Bar Class Action Waivers, Second Circuit Rules

The U.S. Court of Appeals for the Second Circuit recently handed employers another victory in the fight over enforcement of class action waivers....more

8/14/2013 - American Express v Italian Colors Restaurant Arbitration Class Action Class Action Arbitration Waivers FLSA SCOTUS

NLRB Continues to Take Aim at Workplace Policies as Overly Broad

The National Labor Relations Board (NLRB) has kept its focus on workplace policies it views as overly broad with a recent decision striking down a national retailer's policy prohibiting solicitation and distribution of...more

5/8/2013 - Confidential Employer Investigations NLRA NLRB Solicitation/Distribution Policies

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