Schnader Harrison Segal & Lewis LLP

Third Circuit Holds That Arguments Incorporated by Reference to Lower Court Briefs Are Waived

Last week the Third Circuit Court of Appeals reiterated its disapproval of cursory arguments made in a footnote, while joining other Circuits that have held that making arguments solely by reference to trial court briefs is…more
| Civil Procedure

The Future of Airbnb in New York

One of the most controversial and popular topics in real estate today involves Airbnb, the online home rental service, and the concept of transient rentals. In New York City, Airbnb’s largest market in the United States, this…more
| Commercial Law & Contracts, Constitutional Law, Real Estate - Residential, Taxation, Zoning, Planning & Land Use

Update: Regulations Implementing E-Warranty Law Now in Effect

New regulations governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty notification requirements. On…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Science, Computers, & Technology

Doing More with Less: Forthcoming Changes to the Federal Rules of Appellate Procedure

Amendments to the Federal Rules of Appellate Procedure are set to take effect on December 1, 2016. Based on the proposed amendments, appellate practitioners must prepare to do more with less. Several proposed amendments reduce…more
| Civil Procedure

PA Superior Court Clarifies that Employers May Not Mandate Payroll Cards

It is helpful to have this clarification, even if perhaps this is not the news employers have been eagerly awaiting. On October 21, 2016, the Pennsylvania Superior Court weighed in on the issue of mandatory payroll cards. As we…more
| Labor & Employment Law

Employers Beware – The Third Circuit Strictly Construes the FLSA Regulations to Prevent Taking Credit to Offset Overtime Obligations with Amounts Paid Voluntarily for Bona Fide Meal Periods

As employers prepare to implement the new federal Department of Labor regulations which, on December 1, 2016, will double the minimum salary required for many exemptions under the Fair Labor Standards Act (“FLSA”), employers…more
| Labor & Employment Law

’Privacy Shield’ Replacing Invalidated EU-US Safe Harbor Agreement is Open for Business, but Challenges to its Validity are Expected

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection principles. Safe…more
| Communications & Media Law, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

Update: Fundamental Change to U.S. Warranty Law: Consumer Warranties Can Soon be Posted Online

Recent changes to the federal statute governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty notification…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Elections & Politics

The Road Not Taken Leads to Forfeiture of an Appeal

In a recent decision, the Superior Court of Pennsylvania reiterated that there are “no exceptions” to the deadline for filing a notice of appeal from a trial court’s final judgment. In this recent case, the appellant’s attorney…more
| Civil Procedure

Settling Defendants Beware: Eleventh Circuit Holds Settling Insurer Liable for Failure to Protect Medicare Payments Made by Private Insurer

Congress created an uproar among personal injury tort defendants and their insurers when it passed the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) less than 10 years ago. The $1,000 per day fine for failure to…more
| Civil Procedure, Civil Remedies, Health, Insurance, Personal Injury

Is an S Election for an LLC Smart Planning or a Bad Idea?

By default, a limited liability company (“LLC”) with two or more members is taxed as a partnership. It also is possible to elect to treat an LLC as an S corporation for income tax purposes. But is it a good idea? And if an S…more
| Business Organizations, Taxation

EEOC Settles First Sexual Orientation Discrimination Suit

The U.S. Equal Employment Opportunity Commission (EEOC) announced last week that it had settled a suit against Pallet Companies (doing business as IFCO Systems) for $202,200. As we previously discussed here, this suit is one of…more
| Civil Rights, Labor & Employment Law

Impact of Brexit on Intellectual Property

Now that the dust is settling on the UK’s decision to leave the EU, our clients are asking what this means for them. Change always brings opportunities, as well as challenges, and we are focused on helping our clients understand…more
| Commercial Law & Contracts, Elections & Politics, Intellectual Property, International Law & Trade, Privacy

Third Circuit Affirms Dismissal Where Post-Trial Movant Refused to Recreate Missing Trial Record

You litigate a case in federal court and get an adverse verdict. Believing this result unjust, you file a post-trial motion for judgment as a matter of law and in the alternative for a new trial. But there is a problem:…more
| Civil Procedure

FAA Releases Commercial Drone Regulations

On Tuesday, the FAA issued its long-awaited commercial drone regulations allowing for a wide range of unmanned aircraft operations without further FAA approval. These regulations are contained in new 14 C.F.R. Part 107 and will…more
| Commercial Law & Contracts, Transportation
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