Schnader Harrison Segal & Lewis LLP

Are Federal Appellate Courts Growing Impatient with Procedural Errors? — Risks for Clients and Their Counsel

On May 7, 2015, the U.S. Court of Appeals for the Third Circuit affirmed a district court’s grant of partial summary judgment in a dispute about an indemnification agreement. That decision, Lehman Bros. Holdings, Inc. v. Gateway…more
| Civil Procedure

Attorneys in the Student Disciplinary Process: Requirements, Restrictions and Best Practices

Under the newly revised Clery Act, colleges and universities may not ban lawyers from attending and advising their clients at campus disciplinary proceedings involving sexual assault, domestic violence, dating violence and…more
| Criminal Law, Education

U.S. Supreme Court Unanimously Rules that Courts Have a Narrow Scope to Review Whether the EEOC Complied with Its Statutory Duty to Conciliate Before Filing Suit

The United States Supreme Court has announced its decision in the closely watched Mach Mining LLC v. Equal Employment Opportunity Commission case – and it was unanimous. In an opinion authored by Justice Elena Kagen that…more
| Administrative Law, Civil Procedure, Civil Rights, Labor & Employment Law

Title IX Coordinators: Review Of New Guidance From The Department Of Education

On April 24, 2015, the Department of Education Office for Civil Rights (OCR) published a new Dear Colleague Letter (DCL) and a letter directly to Title IX Coordinators, as well as a new 25-page Title IX Resource Guide. These…more
| Education

Philadelphia's Nonprofit Recertification Requirement Abolished

On April 7, 2015, Mayor Michael Nutter signed Bill No. 150144 into law, thereby repealing a 2013 Ordinance that had required Philadelphia’s nonprofit property owners to annually recertify that their properties continued to…more
| Elections & Politics, Taxation, Real Estate - Commercial, Nonprofit Law

New York City Council Votes to Limit Credit Checks by Employers

On April 16, the New York City Council passed Intro 261A, which bans the use of credit checks to screen applicants for employment except in enumerated circumstances. The legislation, which was supported by Mayor Bill de Blasio…more
| Civil Rights, Labor & Employment Law

NY Attorney General’s Office Begins Campaign Against Scheduling Practices of Large Retailers

In letters sent to 13 large retail chains on April 10, the New York State Attorney General’s Office has questioned the lawfulness of a scheduling practice known as “on-call shifts,” and has requested wide-ranging information and…more
| Commercial Law & Contracts, Labor & Employment Law

If I Were Paid to Walk in Your Shoes: Protecting a Company's Interests in Endorsement Deals While Still Looking Out for Player Well-Being

Chandler Parsons, a forward for the NBA’s Dallas Mavericks, does not have to worry about buying basketball shoes. Rather, Parsons, like other NBA players, gets paid to wear certain brand name shoes. In February 2014, Chinese…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Communications & Media Law

Third Circuit Weighs In On Application Of Daubert At Class Certification Stage

Since the Supreme Court’s decision in Comcast v. Behrend, 113 S. Ct. 1426 (2013) courts evaluating expert testimony at the class certification stage may not simply accept that testimony at face value. The Supreme Court did not,…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

En Banc 6th Circuit Returns to Practicality, Finding Regular and Predictable Attendance to be Essential Function of Position

In May 2014, we reported on an opinion of a divided panel of the Court of Appeals for the Sixth Circuit embracing the position of the Equal Employment Opportunity Commission (EEOC) that virtual full-time telecommuting could be a…more
| Civil Procedure, Civil Rights, Labor & Employment Law

SDNY Judge Refuses to Approve Overbroad Use of Social Media to Notify Members of Opt-in Class of Action

As we reported in December, Judge Nathan of the U.S. District Court for the Southern District of New York ruled that putative class representatives in an FLSA collective action could notify former Gawker interns of their opt-in…more
| Civil Procedure, Communications & Media Law, Labor & Employment Law

Reprieve Granted to Philadelphia Tax-Exempt Property Owners

In response to an overwhelming outcry from the Philadelphia nonprofit community, the Philadelphia Office of Property Assessment (OPA) has extended to June 1, 2015 the filing deadline for nonprofits to certify that they continue…more
| Elections & Politics, Taxation, Real Estate - Commercial, Nonprofit Law

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
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1600 Market Street Suite 3600
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