McNees Wallace & Nurick LLC

The Federal Circuit Validates Strong Design Patent Protection

On May 18, 2015, a panel of the Federal Circuit Court of Appeals issued a ruling strengthening broad design patent protection in the long-running legal battle between Apple and Samsung over their competing smartphones, resulting…more
| Intellectual Property, Science, Computers, & Technology

Is That Covered? Reservation of Rights

If a policyholder is sued, she can tender the defense of that suit to her insurance company. If the insurance company believes that there may not be coverage, but cannot make a clear determination based upon the complaint…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Class Certified in Pennsylvania Payroll Debit Card Litigation

We previously discussed on this blog the potential risks associated with the use of payroll debit cards to pay wages to employees. The absence of federal and state regulations specifically addressing this relatively new payroll…more
| Civil Procedure, Consumer Protection, Finance & Banking, Labor & Employment Law

Is That Covered - Misrepresentations In Sale of Life Insurance

A Pennsylvania appellate court on Tuesday affirmed a $300,000 judgment against Riversource Life Insurance Co. in a suit accusing the insurer and its agent of making fraudulent misrepresentations in the sale of a couple's policy,…more
| Insurance

Is that Covered? Data Breach

With all of the data breach issues in the news, we thought that this decision might be of interest to you. The Connecticut Supreme Court today affirmed a lower court ruling denying coverage to IBM for more than $6 million in…more
| Business Organizations, Consumer Protection, Insurance

Parent's Responsibility to Pay for Child's College Education

In 1993, Pennsylvania passed a law that provided courts the authority to require parents to pay college expenses for their children (23 Pa.C.S. § 4327). In 1995, the Pennsylvania Supreme Court, in Curtis v. Kline, held that the…more
| Constitutional Law, Family Law

Dealer Advertising: No More Excuses

There are no more excuses. Dealers have seen all the ongoing and very recent announcements from the Federal Trade Commission (“FTC”) imposing millions of dollars in fines, cease and desist orders, and promises by dealers not to…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

The Increasing Visibility of Driver Health [Video]

In the transportation industry, driver health has grown into a highly visible issue. Both through regulatory initiatives and with respect to civil litigation, there are ongoing attempts to identify the scope of driver health…more
| Transportation

Five Ways the EEOC Proposed Wellness Regulations Would Change Workplace Health Initiatives

The Americans with Disabilities Act (ADA) generally prohibits employers from requiring current employees to submit to medical examinations or medical inquiries unless the exam or inquiry is “job-related and consistent with…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Privacy, Health

The Ever-Expanding Scope of Social Media Discovery [Video]

Social media discovery is now commonplace within civil litigation, with Facebook continuing to be a primary source of potentially-discoverable information. As technology continues to advance, though, the judicial system is…more
| Electronic Discovery

Potential for Vicarious Liability Under the Graves Amendment [Video]

The Graves Amendment is a federal statute that has traditionally shielded commercial motor vehicle leasing companies from most claims of vicarious liability. In August 2014, however, a New York court determined that a leasing…more
| Transportation

An OSHA Inspection Can Be Costly for the Unprepared Employer

Knock Knock!  Who’s there?  OSHA.  OSHA who?  OSHA, the federal agency responsible for workplace safety, which is going to hit your company with hefty fines if you are not prepared. This is no joke.  OSHA is a very active and…more
| Labor & Employment Law

New Jersey’s Ban the Box Law Goes Into Effect

On March 1, 2015, New Jersey’s Opportunity to Compete Act (also known as “Ban the Box”) went into effect. The Act applies to employers with 15 or more employees over 20 calendar weeks that do business, employ people, or take…more
| Civil Rights, Labor & Employment Law

Data Encryption and Its Potential Effect on Litigation and Discovery

In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in…more
| Civil Procedure, Communications & Media Law, Electronic Discovery, Labor & Employment Law, Science, Computers, & Technology

PLRB Issues Controversial Ruling on Volunteer Fire Companies

Recently, the Pennsylvania Labor Relations Board (PLRB) issued a Final Order indicating that members of a volunteer fire company which provided coverage to a local borough were actually Borough employees.   In doing so..…more
| Administrative Law, Labor & Employment Law
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Contact

100 Pine Street PO Box 1166
Harrisburg, PA 17108-1166, United States

  • 717.232.8000
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