Schnader Harrison Segal & Lewis LLP

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

OFCCP Issues Revised Sex Discrimination Rules

On Tuesday, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) finalized revisions to its sex discrimination rules, bringing them in line with current Title VII jurisprudence. The current rules were…more
| Civil Rights, Government Contracting, Labor & Employment Law

Employers Cannot Shorten Time Frame to Bring Claims Under N.J. LAD

In a decision issued yesterday in Rodriguez v. Raymours Furniture Company, the Supreme Court of New Jersey ruled that provisions in employment agreements shortening the limitations period for bringing claims under the New Jersey…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready

We’ve had plenty of time to adapt and now the new rules are clear. Colleges and universities will be ready. In the spring of 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) Wage and…more
| Education, Labor & Employment Law

Department of Labor Issues Final Rule on Pay – Substantially Raising Minimum Salary Threshold to Qualify for Overtime Exemption

The minimum salary threshold for employees to be considered overtime “exempt” under the Fair Labor Standards Act (“FLSA”) will double beginning December 1 under a final rule announced this week by the U.S. Department of Labor…more
| Labor & Employment Law

The DOL's Final Overtime Rule: Survival Strategies for Nonprofit Organizations

Under the Department of Labor’s final overtime rule, the threshold salary level for white collar exempt employees will increase from the current $455 per week to $913 per week ($47,476 per annum) on December 1, 2016. The new…more
| Labor & Employment Law, Nonprofit Law

Defend Trade Secrets Act is Enacted

In late April, Congress approved the Defend Trade Secrets Act of 2016 (“DTSA” or the “Act”) with over-whelming bipartisan majorities. President Obama signed DTSA into law on May 11, and it takes effect immediately. First…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

New York City Commission on Human Rights Publishes Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy

The New York City Human Rights Law (“NYCHRL”) is New York City’s local law that prohibits discrimination in employment, public accommodations and housing. The New York City Commission on Human Rights (“Commission”) has authority…more
| Civil Rights, Labor & Employment Law

IRS Shuts Down Work Around for Treating a Partner as an Employee

The IRS has long taken the position that a partner cannot also be an employee of the partnership. The prohibition also applies to persons that hold equity in a limited liability company ("LLC") that is taxed as a partnership –…more
| Business Organizations, Labor & Employment Law, Taxation

An Injunction By Another Name May Still Immediately Be Appealed

The Third Circuit recently reaffirmed its authority to hear appeals from district court interlocutory orders that grant prospective equitable relief under 28 U.S.C. § 1292(a)(1), even where injunctive relief had not expressly…more
| Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance
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Contact

1600 Market Street
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Contact: Lisa Renk, Marketing and Business Development Manager

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