James G. Ryan

James G. Ryan

Cullen and Dykman LLP

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Plaintiff’s Vacation to Hawaii was a Nightmare, or not?

What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery...more

11/10/2014 - Evidence Hotels Marriott Slip and Fall Spoliation Video Recordings

Proposed Transgender Student-Athlete Policy Sparks Public Controversy in Minnesota

It looks like transgender students in Minnesota will have to wait a few more months to receive clarity on whether they can participate in school athletics and play on sports teams based on their preferred gender identity...more

10/21/2014 - Athletes Private Schools Public Schools School Districts School Sports Sports Students Title IX Transgender

Governor Andrew Cuomo Proposes Plan to Combat Sexual Assault on SUNY Campuses

Governor Andrew Cuomo and the State of New York are the latest players to join the nation-wide movement to reduce the number of sexual assaults occurring at the country’s colleges and universities. On Thursday, October 2,...more

10/7/2014 - Assault Colleges Rape Sexual Assault Students Universities

NCAA Passes Resolution Seeking To Clarify The Role of Athletic Departments in Campus Sexual Assault Investigations

On August 08, 2014, the Executive Committee of the National Collegiate Athletic Association (“NCAA”) passed a resolution (the “Resolution”) addressing how athletic departments should handle cases of sexual misconduct...more

8/29/2014 - Athletes College Athletes Colleges NCAA Sexual Assault Universities

Title IX Compliance

In the past few months, we have reported on how sixty-eight higher education institutions throughout the nation have made it onto the U.S. Department of Education’s public list of colleges and universities that are currently...more

8/6/2014 - Colleges Compliance Sexual Assault Sexual Harassment Title IX Universities

U.S Senate Proposes New Bill Aimed at Curbing Campus Sexual Assault

Last week, a bipartisan group of eight U.S. Senators unveiled legislation aimed at decreasing the number of sexual assaults occurring on college and university campuses across the nation. The proposed legislation, titled the...more

8/5/2014 - Colleges Rape Sexual Assault Universities

UPDATE: UConn Settles Sexual Assault Lawsuit for $1.3 Million

We recently reported that five former and current students filed a federal lawsuit against the University of Connecticut (“UConn”) alleging discrimination and that the university failed to properly investigate claims of rape...more

7/31/2014 - Colleges Rape Sexual Assault Title IX Universities

Supreme Court to Protect Information on Cell Phones

The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information. However, in an important step to protect the privacy of...more

7/17/2014 - Cell Phones Evidence Fourth Amendment Law Enforcement Riley v California SCOTUS Search Warrant

Online Privacy: Friend or Foe to the American Public?

A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp. Not only will this directly affect their operations in the E.U., but it will also have implications...more

7/11/2014 - Cybersecurity Data Controller Data Protection EU EU Data Protection Laws Google Microsoft Personally Identifiable Information Privacy Laws Right to Be Forgotten Right to Privacy Search Engines

Supreme Court holds that the “Contraception Mandate” of the Affordable Care Act violates the Religious Freedom Restoration Act

On June 30, 2014, the Supreme Court issued its highly-anticipated decision in the matters of Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burell. In each of these cases, for-profit corporations...more

7/10/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

Federal Judge Upholds New York City Policy Barring Unvaccinated Students from Attending School During Periods of Disease Outbreak

On June 04, 2014, Judge William F. Kuntz II of the Eastern District of New York upheld a controversial New York City policy that prohibits unvaccinated children from attending school when a classmate becomes infected with a...more

7/10/2014 - Public Schools School Safety Students Vaccinations

Southern District Rules: Unpaid Interns Are Not Eligible To Assert NY Sexual Harassment Protections

In October of 2013, the Southern District of New York dismissed an intern’s claim for sexual harassment brought under New York State Human Rights Law and New York City Human Rights Law on the grounds that the state law...more

12/11/2013 - Internships NYCHRL Sexual Harassment Unpaid Interns

Supreme Court Hears Second Affirmative Action Case This Year

On October 15, only four months after the United States Supreme Court heard arguments regarding an affirmative action program for the University of Texas, the Supreme Court heard oral argument in Schuette v. Coalition to...more

12/11/2013 - Affirmative Action Discrimination Educational Institutions Employment Policies Equal Protection Gender Discrimination Grutter v Bollinger Race Race Discrimination Sex Discrimination

Legislative Update: Senate Moves To Approve The Employment Non-Discrimination Act

On November 4, the United States Senate in a 61-30 vote moved to continue debate on the passage of the Employment Non-Discrimination Act (“ENDA” or the “Act”). The ENDA seeks to ban workplace bias against individuals based on...more

11/25/2013 - ENDA Gender Identity Sexual Orientation Discrimination

Australia’s High Court Denies Employee Worker’s Compensation Claim For Sex Injury

Ruling in a 4-2 decision[1], the Australian High Court denied a government employee worker’s compensation claim for an injury the employee sustained while having sex in a motel room during a business trip. The female...more

11/13/2013 - Australia Bodily Injury Employer Liability Issues Sexual Conduct

California School District Enacts Social Media Surveillance To Counter Cyber Bullying

In response to a series of cyber bullying related teen suicides that took place in Los Angeles last year, the Southern California school district has decided to employ a social media monitoring service enabling the school to...more

11/11/2013 - ACLU Cyberbullying Public Schools Social Media Students Surveillance

Dangers Of Social Media

As an advertising tactic, most companies utilize various social media platforms to foster connections with their target markets. It is certainly not unusual for a company to have its own Facebook or Twitter account. ...more

11/11/2013 - Employer Liability Issues Marketing Social Media

New U.S. Labor Secretary Proposes To Extend U.S. Minimum Wage Laws To Home Health Employees

After only being sworn in two weeks ago, the new U.S. Labor Secretary, Thomas Perez, has not wasted any time in setting up the goals he planned to obtain during his term, especially when it comes to minimum wage laws for home...more

11/11/2013 - Employee Rights FLSA Healthcare Professionals Home Health Care Minimum Wage

Employers: Telling Your Employee To “Hang Up [THEIR] Superman Cape” May Result In A Successful Age Discrimination Claim

In reversing the District Court decision, the Eighth Circuit found that a supervisor’s disparaging comments to an older employee was enough to establish a prima facie case that the employee was terminated because of his age. ...more

10/28/2013 - ADEA Age Discrimination Employer Liability Issues Termination

New York Court Of Appeal Rules: Laboratory Suable For False Positive Test Results

Last Thursday, the New York Court of Appeals ruled in a 4-3 decision that a man may bring a negligence claim against a drug testing company for a false positive drug test. At the time of the disputed test results, Eric...more

10/17/2013 - Drug Testing False Positive Laboratories Negligence Probation

Supreme Court Upholds Strict Scrutiny Standard In Affirmative Action

On June 24, 2013, the Supreme Court in Fisher v. University of Texas reaffirmed that the strict scrutiny standard of review applies when evaluating a university’s affirmative action admissions program. On these grounds, by a...more

10/17/2013 - Affirmative Action College Admissions Diversity Fisher v University of Texas SCOTUS Strict Scrutiny Standard Universities University of Texas

Rule 68 Offer Of Judgment: Advantageous For Defendant-Employers

Under the Federal Rules of Civil Procedure Rule 68 (“Rule”), offers of judgment have become a cost effective way for employers to quickly resolve individual, collective or class actions. For example, in employment cases, the...more

10/7/2013 - Class Action Collective Actions Offer of Judgment Rule 68

A Bus Driver’s Right Not To Get Involved In Physical Disputes

The yellow school bus is an iconic form of transportation that has provided a longstanding service to families by picking up their children and driving them to school. As a school provided service, bus drivers are trained on...more

9/30/2013 - Battery Bus Drivers Public Schools Safety Precautions Students

ESTA: New York City To Join Other Major Cities In Mandatory Paid Sick Leave Plan

Many employers have offered paid sick leave plans for their employees as part of their business practice. However, under the Earned Sick Time Act (“ESTA”) (the “Act”), employers in New York City (“NYC”) with 15 or more...more

9/16/2013 - Collective Bargaining Employee Rights New Legislation Sick Leave

DOMA’s Tax Benefit Implications

In 1996, President Bill Clinton signed DOMA into law. Section 3 of DOMA defines “marriage” as a legal union between one man and one woman, and defines “spouse” as a husband or wife of the opposite sex. However, on June 26,...more

9/3/2013 - DOMA Employer Group Health Plans Marriage Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

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