Schnader Harrison Segal & Lewis LLP

Recent Superior Court Decision Underscores Difficulty and Need for Caution When Determining Appealability of Orphans' Court Orders

For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because failure…more
| Civil Procedure, Real Estate - Residential, Wills, Trusts, & Estate Planning

Is Your Landfill or Other Wasting Asset Fairly Assessed?

Some assets, such as houses, art and collectibles, and investments appreciate in value over time; others, such as landfills, are considered “wasting assets,” as they have a finite life and little or no capital value at the end…more
| Energy & Utilities, Environmental Law, Finance & Banking, Real Estate - Commercial

White House Issues Proposal for FTC-Regulated Data Privacy Protection

On February 27, 2015, the White House proposed legislation to protect consumers’ personal data and information that is collected and used by private companies and nonprofits. Federal and state governments and their agencies are…more
| Antitrust & Trade Regulation, Elections & Politics, Privacy, Consumer Protection, Science, Computers, & Technology

Department of Labor Seeks to Put New FLSA Regulations for Homecare Workers Back on Track

Last week marked a new battle in the war the U.S. Department of Labor (DOL) has waged against the homecare industry. Appealing two federal court rulings that invalidated new regulations extending minimum wage, overtime and…more
| Administrative Law, Labor & Employment Law, Health

Supreme Court Announces Standard of Review for Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law

The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court’s construction of patent claims, held that such “evidentiary underpinnings” should be reviewed for clear error…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

The Changing Landscape of Charitable Tax Exemption in Pennsylvania

On February 17, 2015, the Pennsylvania Senate passed a bill that could have far reaching implications for all Pennsylvania nonprofit charitable organizations. The bill, S.B. 4, is a proposal to amend the Pennsylvania…more
| Taxation, Nonprofit Law

Drone Propellers Aren't the Only Things Buzzing as the FAA Releases Proposed Regulations for the Commercial Operation of Unmanned Aerial Systems

In a surprise move during Presidents’ Day weekend, the Federal Aviation Administration released long-awaited proposed regulations for the commercial operation of Unmanned Aerial Systems (UAS). The draft regulations prompted a…more
| Administrative Law, Commercial Law & Contracts, Privacy, Transportation

NJ Supreme Court Backs Employer Defense in Supervisor Harassment Suits

The New Jersey Supreme Court recently ruled that an employer may assert an effective and enforced anti-harassment policy as an affirmative defense in cases brought against the employer alleging that a supervisor engaged in…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Gingko, Roses, or Just Filler? The New York Attorney General's Attack on Supplements

We all know that a rose by any other name would smell as sweet. But what if the roses you give to your sweetheart are actually painted daisies or thorns without flowers? Or worse, if they do not contain flowers at all but…more
| Communications & Media Law, Consumer Protection, Products Liability, Science, Computers, & Technology

Eighth Circuit Applies Compulsory Insurance Doctrine to Save Northwest: What Will Save You?

The Eighth Circuit Court of Appeals recently handed down a decision in Northwest Airlines, Inc. v. Professional Aircraft Line Serv. that, although unique in its specific facts and holding, highlights the problems that may arise…more
| Commercial Law & Contracts, Insurance, Transportation

Supreme Court Clarifies Application of Final Judgment Rule in MDL Proceedings, But Uncertainty Remains

On January 21, 2015, the Supreme Court issued its much-anticipated decision in Gelboim v. Bank of America Group. The case presented a single question: Is a district court order dismissing all claims in an action that was…more
| Civil Procedure

Win Some, Lose Some: Assumption of Risk Defense Fails for Sports Complex Owners; Claims Against Dome Seller Dismissed

A plaintiff bringing product liability and premises liability claims against multiple defendants in an effort to cover all bases often leads to different legal defenses among classes of co-defendants and a scattered offense by…more
| Art, Entertainment, & Sports Law, Civil Procedure, Personal Injury, Products Liability

Supreme Court Reaffirms That an Appellee Who Does Not Seek To Enlarge Its Favorable Judgment Need Not File a Cross-Appeal To Attack a Lower Court Ruling

One of a litigator’s most crucial tasks is ensuring that issues and arguments in support of a client’s position are available if and when the case is presented to an appellate tribunal. While issue preservation is always a…more
| Civil Procedure

NJ Supreme Court Advises Courts to Follow NJDOL Test for Determining Employee vs. Independent Contractor Status for Wage Disputes

In Hargrove v. Sleepy’s LLC, the New Jersey Supreme Court recently held that the legal test for determining employee status under New Jersey unemployment compensation laws should also be used to determine employee status in…more
| Labor & Employment Law

Safeguarding Your Information Assets: Are You Prepared?

In view of the well-publicized data breaches in 2014 and the current renewed federal legislative focus on privacy and data security issues, we are highlighting some action items to safeguard your company’s information assets,…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology
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