David Fryman

David Fryman

Ballard Spahr LLP

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FLSA Wage and Hour Lawsuit Filed against NCAA

A putative collective action on behalf of college athletes, Sackos v. National Collegiate Athletic Association, was recently filed in the U.S. District Court for the Southern District of Indiana against the National...more

10/28/2014 - Athletes College Athletes Employee Definition FLSA Minimum Wage NCAA Putative Class Actions Wage and Hour

In ERISA Stock Drop Case, Supreme Court Giveth and Taketh Away on Moench Presumption

The U.S. Supreme Court recently eviscerated a key protection against stock drop lawsuits filed by participants in defined contribution plans that hold employer stock as an investment. In Fifth Third Bancorp et al. v....more

6/30/2014 - ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer Fifth Third Mortgage Company Halliburton Halliburton v Erica P. John Fund Moench Presumption SCOTUS Stock Drop Litigation US Bancorp

U.S. Supreme Court Cell Phone Privacy Decision Deserves Employer Attention

In a unanimous decision, the U.S. Supreme Court ruled this week in Riley v. California that police generally may not conduct a warrantless search of digital data stored on the cell phone of someone who has been arrested. The...more

6/27/2014 - Cell Phones Fourth Amendment Police Popular Riley v California SCOTUS Search Warrant

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

U.S. Judge Strikes Down Same-Sex Marriage Ban in Pennsylvania

Today, a U.S. District Court in Pennsylvania nullified Pennsylvania’s Marriage Laws, holding that they violate the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution. If the ruling stands...more

5/21/2014 - DOMA Due Process Equal Protection Marriage Same-Sex Marriage SCOTUS US v Windsor

NLRB Holds College Football Players Are Employees, Can Unionize

The Regional Director for Region 13 of the National Labor Relations Board (NLRB) held today that all grant-in-aid scholarship players for Northwestern University's football team are "employees" under the National Labor...more

3/27/2014 - Athletes College Athletes NLRB Students Unions

Federal Court Ruling in Pa. Narrows Computer Fraud and Abuse Act

A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed...more

3/26/2014 - CFAA Data Protection Fraud

Student Athletes’ NLRB Petition Looms Large for Colleges and Universities

A group of Northwestern University football players recently filed a petition with the National Labor Relations Board (NLRB) seeking to be represented by a labor union. Although this request is the first of its kind, it...more

2/7/2014 - Athletes Colleges NLRB Students Unions Universities

Ninth Circuit Holds that Class Action Waiver in Arbitration Agreement Is Enforceable

On August 21, 2013, the U.S. Court of Appeals for the Ninth Circuit became the fifth circuit court to hold that class action waivers in arbitration agreements are enforceable in the context of wage and hour class action...more

8/26/2013 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act NLRA SCOTUS

Ohio Federal Court Addresses Privacy Rights around Employee Smartphones

A recent Ohio federal court decision serves as a reminder that companies need to review their Bring Your Own Devices (BYOD) policies to ensure that employees are adequately informed about the communications that corporate...more

7/15/2013 - Bring Your Own Device Cell Phones Email Employee Rights Mobile Devices Privacy Policy Right to Privacy Smartphones

California Courts' Split Widens on Arbitrability of PAGA Claims

Additional questions concerning the applicability of AT&T Mobility v. Concepcion to representative actions arose this week when a California intermediate court of appeals ruled that claims under the state's Private Attorneys...more

6/7/2013 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Federal Arbitration Act PAGA

Supreme Court Ruling Nixes FLSA Collective Action

In a 5-4 decision issued on April 16, 2013, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Third Circuit and held that an unaccepted Rule 68 offer of full relief to a named plaintiff extinguished a putative...more

4/18/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 Rule 68 SCOTUS

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