Schnader Harrison Segal & Lewis LLP

Non-Competes Must Be Supported By Consideration in Pennsylvania: No Exception Based On Employee’s Agreement To Be Legally Bound

The Pennsylvania Supreme Court has ruled that a non-compete entered after the onset of employment without additional consideration is not enforceable even if the employee expressly agreed “to be legally bound.” See Socko v…more
| Commercial Law & Contracts, Labor & Employment Law

Pittsburgh Sick Leave Delayed Until At Least March 10, 2016 To Allow Court Challenge

On October 22, 2015, Court of Common Pleas Judge Joseph James signed an order staying “implementation, application and enforcement” of the new Pittsburgh sick leave ordinance for 60 days. The ordinance is facing a court…more
| Administrative Law, Civil Procedure, Labor & Employment Law

The Third Circuit Gives the Green Light to RICO Plaintiffs Seeking to Recover Payments for Prescription Drugs

This week, the Third Circuit altered the legal landscape for civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims against pharmaceutical companies. The ruling in In re Avandia Marketing, Sales Practices &…more
| Civil Procedure, Constitutional Law, Personal Injury, Science, Computers, & Technology

The CFPB Takes Aim at Arbitration Clauses in Contracts for Consumer Financial Products

The Consumer Financial Protection Bureau (CFPB) last week issued two proposals aimed at weakening and discouraging arbitration clauses in contracts for consumer financial products. First, the CFPB proposes prohibiting the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Consumer Protection, Finance & Banking

New Paid Sick Days Act Applies to Pittsburgh Employers

The effective date of Pittsburgh’s new sick leave ordinance has been posted — January 11, 2016. This summer, Pittsburgh City Council enacted a new ordinance which requires employers to pay employees up to 40 hours of paid sick…more
| Labor & Employment Law

Recent Second Circuit Decision Teaches Trial Lawyers a Difficult Appellate Lesson: Following Trial Rules that Conflict with Rules of Appellate Procedure Can Cause Forfeiture of Appellate Rights

Lawyers are taught to follow the rules, and that includes local rules of trial courts and individual judges. But a recent Second Circuit decision adds an important caveat to that lesson: beware of local rules that can lead to…more
| Civil Procedure, Conflict of Laws

Should I Stay or Should I Go? The Third Circuit Explains How Courts Should Balance Clashing Stay Factors

The United States Court of Appeals for the Third Circuit recently issued a rare opinion addressing the analysis courts should undertake when considering a request to stay a trial court judgment or order pending appeal. The…more
| Civil Procedure

New Rules Make Construction Arbitration More Attractive

The American Arbitration Association (AAA) implemented new Construction Industry Arbitration Rules this past summer. The changes eliminate certain gaps or ambiguities in the old rules, create some additional tools with which…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law

Third Circuit Adopts "Constructive Knowledge" Standard for Post-Award Attempts to Disqualify Arbitrators

In a recent opinion addressing an issue of first impression for the court, the United States Court of Appeals for the Third Circuit held that a “constructive knowledge” standard applies to post-award challenges to an…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies

Two Recent Opinions Reflect Important Developments in Heightened Ascertainability for Class Certification

“Ascertainability”—that is, whether class members can be ascertained with administrative efficiency—continues to develop as a significant issue in class certification. Two recent opinions, Brecher v. Republic of Argentina, No…more
| Civil Procedure

FAA Weighs in on Preemption in Product Liability Litigation

Courts across the county have long struggled with the scope of federal preemption in aviation safety and with how an aircraft type certificate issued by the Federal Aviation Administration (FAA) affects aircraft product…more
| Conflict of Laws, Personal Injury, Products Liability, Transportation

The FAA’s Drone Dilemma: The Need for Regulation vs. Liberal Licensing

Perhaps no issue has drawn as much attention to the Federal Aviation Administration in recent months as its much anticipated final regulations for small unmanned aircraft systems (UAS), or drones, expected in the early part of…more
| Administrative Law, Privacy, Transportation

New NLRB Test for Joint-Employer Status in Labor Contracts May Leave You On the Hook

Today, in a split decision, the National Labor Relations Board promulgated a new test that will make it easier for employees to establish joint-employer status in labor contracting arrangements…more
| Labor & Employment Law

Obtaining Relief from Penalties Related to IRS Form 1098-T Filing Deficiencies

It has been reported that many colleges and universities have received IRS Notices assessing significant penalties for failing to provide accurate or complete information on IRS Forms 1098-T. Going forward, colleges and…more
| Education, Taxation

Pennsylvania Court Allows Class Action Against Employer Who Used Only Payroll Cards; Holds Payroll Cards Are NOT “lawful money of the United States”

In September 2013, SchnaderWorks published “Employers should Proceed With Caution in Using Payroll Cards.” At that time, author Scott Wenner advised that employers should follow the conditions prescribed in the federal…more
| Labor & Employment Law, Finance & Banking, Consumer Protection
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