Schnader Harrison Segal & Lewis LLP

1600 Market Street Suite 3600
Philadelphia, PA 19103-7286, United States

  • 215-751-2000

The Third Circuit Limits the “Benign Language” Exception to the FDCPA Without Endorsing It

Among other things, the Fair Debt Collection Practices Act prohibits a debt collector from using “any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the…more
| Finance & Banking, Consumer Protection

Supreme Court of PA Reaffirms the Broad Scope of the Commonwealth Court’s Declaratory Judgment Jurisdiction in Challenges to Agency Interpretations of Statutes

Many Pennsylvania Lawyers only encounter the Commonwealth Court of Pennsylvania in its appellate guise, but the court enjoys an unusual hybrid nature, having both appellate and original jurisdiction. The court’s original…more
| Administrative Law, Civil Procedure, Civil Remedies

No Right to Jury Trial Under Pennsylvania’s Whistleblower Statute

On August 19, 2014, the Pennsylvania Superior Court held that individuals bringing suit under the Pennsylvania Whistleblower Law have no right to a jury trial. Writing for the court, Judge Judith Olson explains that “the plain…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

NJ “Ban the Box” Law Restricts Employers from Inquiring about Criminal Records of Prospective Employees During Initial Application Process

New Jersey Governor Chris Christie signed The Opportunity to Compete Act (A-1999) on August 11, 2014, barring private employers from asking prospective employees about their criminal records during the initial job application…more
| Civil Rights, Labor & Employment Law

Third Circuit Holds That a Court, Not an Arbitrator, Must Decide Whether an Arbitration Agreement Authorizes Class-wide Arbitration

Who decides whether an arbitration agreement allows for class-wide arbitration — a court or an arbitrator? In the wake of mixed signals from the U.S. Supreme Court, lower courts have been reluctant to answer this question…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Eleventh Circuit Holds That Filing a Time-Barred Proof of Claim in a Bankruptcy Proceeding Violates the FDCPA

The Fair Debt Collection Practices Act (FDCPA) provides that debt collectors “may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” Nor may a debt collector “use…more
| Bankruptcy, Finance & Banking, Consumer Protection

NJ Appellate Courts Permit Employers to Shorten Statute of Limitations Period Through Employment Applications

A New Jersey Appellate Court recently held that a provision in an employment application shortening the statute of limitation from two years to six months was enforceable under New Jersey law. As a result, the employee’s…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Upcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are Consolidated

Consolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes. Sometimes, they are consolidated only for limited purposes of discovery or pretrial proceedings. A case in which…more
| Antitrust & Trade Regulation, Civil Procedure, Finance & Banking

PA Superior Court Indicates that Filing a Motion for Compulsory Non-Suit Alone May Preserve the Right to Request JNOV After Trial

Pennsylvania lawyers must be alert to situations in which they may waive their appellate rights, especially where the requirements for preserving those rights are murky. One of those murky areas in the Pennsylvania state courts…more
| Civil Procedure, Personal Injury

Ninth Circuit addresses TILA tender requirement and RESPA statute of limitations

Under the Truth in Lending Act (TILA), a borrower may seek to rescind a loan under certain circumstances. The rescission process under TILA is as follows: the borrower notifies his lender that he intends to rescind the loan; the…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Third Circuit Holds that Consumers are Not Required to Seek Validation of a Debt before Filing Suit under the FDCPA

On June 26, 2014, in McLaughlin v. Phelan Hallinan & Schmieg, LLP, the Third Circuit held that a consumer is not required to seek validation of a debt he believes is inaccurately described in a debt collection communication…more
| Civil Procedure, Finance & Banking, Consumer Protection

Senate Finance Committee Considering Measure to Largely Repeal IRC Section 530 Safe Harbor for Most Businesses Using Independent Contractors

Sen. Sherrod Brown (D.Ohio) reintroduced the “Fair Playing Field Act,” S.1706, in November 2013. The bill, which first appeared in 2010 under then-Senator John Kerry’s sponsorship, purports to close an ostensible loophole in the…more
| Commercial Law & Contracts, Elections & Politics, Labor & Employment Law, Taxation

Affirmative Business Litigation in the United States and in Other Countries

For a long time, businesses have thought of litigation as a burden, requiring many hours of employee time responding to discovery requests, as well as often incurring significant legal fees and other related costs. Consequently,…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

Supreme Court Invalidates Aereo’s Streaming Service, Finding Existing Copyright Law Applies to the New Technology of Internet Retransmission of Television Signals

The recent rapid development of the Internet and other new modes of communication has raised significant questions about whether existing copyright laws adequately protect the rights of content creators. On June 25, 2014,…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Supreme Court Provides Guidance on the Subject Matter Eligibility of Computer-Implemented Inventions

On June 19, 2014, the Supreme Court invalidated claims directed to methods and computer systems for using an intermediary to reduce the settlement risk in certain financial transactions. The claims were invalidated on the ground…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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