Saul Ewing LLP

Pennsylvania Federal Court Interprets Title VII Broadly to Protect Against Gender Stereotyping and Perceived Sexual Orientation

On March 23, Judge Stengel in the Eastern District of PA denied an employer’s motion to dismiss a Title VII case filed by an employee claiming discrimination and harassment based on her appearance and perceived sexual…more
| Civil Rights, Labor & Employment Law

The Other Shoe Drops on Laches Defense in IP

In 2014, the Supreme Court’s opinion in Petrella v. Metro-Goldwyn-Mayer, Inc. held that the equitable doctrine of laches is not available as a defense to copyright infringement when the claim is brought within the three years…more
| Intellectual Property, Science, Computers, & Technology

Needle Phobia Creates A Sticky Situation Under ADA

The Second Circuit was “on point” when it reminded us about an old proposition in a brand new way this week. In the case of Stevens v. Rite Aid Corporation, the panel held that Rite Aid was justified in terminating a pharmacist…more
| Labor & Employment Law

Texas Appellate Court Reverses Award of Extracontractual Damages Holding Evidence was Legally Insufficient to Support Jury’s Bad Faith Findings

State Farm Lloyds v. Webb, No. 09-15-00408-CV, 2017 WL 927848 (Tex. Ct. App. Mar. 9, 2017) - After State Farm denied his claim for damages he contended were caused by a plumbing leak, Dennis Webb sued State Farm for, among…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Ninth Circuit Reverses Insured’s Summary Judgment Win Concluding that Insurer’s Negligence is Insufficient to Breach Implied Duty to Settle

McDaniel v. Govt. Empls. Ins. Co., No. 14-17203, 2017 WL 892516 (9th Cir. Mar. 7, 2017) - On cross-motions for summary judgment, the District Court for the Eastern District of California ruled in favor of Amy McDaniel,…more
| Civil Procedure, Insurance

FDA to Exempt Over 1,000 Types of Medical Devices from Premarket Notification Requirements

On March 13, 2017, the U.S. Food and Drug Administration (FDA or the Agency) identified a list of 1,003 types of Class II medical devices that, when finalized, will be exempt from the Agency’s premarket notification (i.e.,…more
| Health

The Impact of Sabine Oil & Gas Corp. on Gas Gathering Agreements

On March 10, 2017, the United States District Court for the Southern District of New York entered an order affirming a bankruptcy court ruling that permitted the debtors to reject certain gas gathering agreements, finding that…more
| Business Organizations, Commercial Law & Contracts, Energy & Utilities, Finance & Banking

Weather Got You Down? How to Comply With The FLSA in Inclement Weather

Snow days, hurricanes, power outages, floods - when weather of biblical proportions forces you to close or prevents your employees from getting to work, what do you do? The answer depends on whether the employee is paid a…more
| Labor & Employment Law

The Love/Hate Relationship with the Affordable Care Act (a/k/a “Obamacare”)

Apparently rhetoric matters. Although the former President eventually embraced the term himself, “Obamacare” was originally a derogatory term used for health care reform by Obama’s opponents in Congress. Anecdotal evidence…more
| Health

New Jersey Appellate Division Refuses to Deduct Unemployment Benefits from Employee’s Verdict in Discrimination Suit

In a published decision issued March 6, 2017, the New Jersey Appellate Division held that a trial judge erred by reducing an employee-plaintiff’s back pay award in light of his receipt of unemployment compensation benefits…more
| Civil Procedure, Labor & Employment Law

Menu Labeling Excluded From ACA Repeal and Replace Bill

The American Health Care Act (AHCA), released by House Republicans late on March 6, 2017, would repeal and replace certain portions of the Affordable Care Act (ACA). The legislation does not address section 4205 of the ACA, from…more
| Consumer Protection, Health

Yahoo’s General Counsel Takes the Fall for Cybersecurity Breach

When news broke recently that the General Counsel for Yahoo had resigned over concerns about the company’s handling of data breaches, it highlighted the ways in which data breaches can have serious consequences for corporate…more
| Business Organizations, Commercial Law & Contracts, Privacy, Securities Law

Quick and Easy Tax Strategies Sometimes Backfire as New Jersey Estate Learns

From time to time, clients ask whether their estates will save on death taxes if they simply transfer title to their residence to family members while continuing to live in the residence until they die. We advise clients that…more
| Civil Procedure, Taxation, Wills, Trusts, & Estate Planning

Working During Later Years? Is It For Everyone?

No; of course not. Some people choose to continue to work full-time after reaching what many would consider retirement age, such as 65. And more than a few people have to work. But others look forward to the absence of daily…more
| Labor & Employment Law

Retirement is a Stage of Life, and Not the End-Stage

There is so much being written about retirement these days, in large part because of the bulge of baby boomers now reaching and past retirement. My experience has been that many people fear retirement, because they think it's…more
| Labor & Employment Law
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Philadelphia, PA 19102-2186, United States

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