Chartwell Law

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700 American Avenue
Suite 303
King of Prussia, PA 19406, United States
Phone: (610) 666-7700
Fax: (610) 666-7704
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Government
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Transportation
  • Workers' Compensation
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Locations
Other U.S. Locations
  • Alabama
  • Arizona
  • Colorado
  • Connecticut
  • D.C.
  • Florida
  • Georgia
  • Idaho
  • Illinois
  • Iowa
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Mississippi
  • Missouri
  • Montana
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming
Other Countries
  • U.S. Virgin Islands
  • United States
Number of Attorneys
200+ Attorneys

A Change of Season Often Brings Out Unique Workers’ Compensation Coverage Questions

As summertime approaches, employers are usually faced with unique questions from a workers’ compensation standpoint. Questions often arise in summer that are rarely posed during the winter months. Two of the most prominent…more

ABC Test, Employer Liability Issues, Independent Contractors, Workers' Compensation Claim

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Early Indications Reveal that New Jersey Courts Will Uphold a Virus Exclusion Regarding COVID-19 Business Interruption Claims

It has been almost a year since federal, state, and local orders dramatically impacted many businesses’ ability to host customers and created a number of other related issues. Not long after these restrictions took effect,…more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Policy Exclusions

See all updates »

Should Immigration Status be Considered When Evaluating a Florida Workers’ Compensation Claim for Potential Permanent Total Disability?

When evaluating whether to accept a claimant as permanently and totally disabled (PTD), carriers are often faced with claimants who have difficulty finding employment due to their immigration status. While immigration status is…more

Disability, Foreign Nationals, Immigrants, Workers' Compensation Claim

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The Chartwell Chronicles: Trucking

In Episode 27 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Garner Berry from our Ridgeland, MS office to discuss trucking claims. Colin, Brittany, and Garner cover a variety of…more

Commercial Truck Drivers, Motor Carriers, Transportation Industry, Trucking Industry, Trucking Regulations

See all updates »

NLRB Deals Another Blow to Employers

On January 5, 2023, the FTC proposed a rule banning, with limited exceptions, the use of non-compete clauses in employment contracts. Six weeks later, the National Labor Relations Board (the “Board”) issued a decision further…more

Confidentiality Agreements, Employment Contract, NLRA, NLRB, Non-Disclosure Agreement

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The Seriousness of Texting and Emailing During Depositions

Due to the COVID-19 pandemic and the practicing of social distancing, legal events have been conducted virtually via Zoom, Teams or other remote means. It is especially important for attorneys and their deponents to be cognizant…more

Depositions, Email, Remote Depositions, Text Messages, Witnesses

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The Seriousness of Texting and Emailing During Depositions

Due to the COVID-19 pandemic and the practicing of social distancing, legal events have been conducted virtually via Zoom, Teams or other remote means. It is especially important for attorneys and their deponents to be cognizant…more

Depositions, Email, Remote Depositions, Text Messages, Witnesses

See all updates »

First District Court of Appeal Seeks Direction from Florida Supreme Court on Timely Provision of One-Time Change Physician

On May 29, 2020, the First District Court of Appeal issued an opinion in the case of City of Bartow v. Flores regarding Florida’s one-time change provision and certified a question of great public importance to the Florida…more

FL Supreme Court, Health Care Providers, Physicians, Workers' Compensation Claim

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NYS Governor Vetoed Bill Which Would Have Expanded Jurisdiction Over Foreign Corporations

On December 22, 2023, Governor Hochul vetoed Senate Bill S7476, which sought to amend several provisions of New York law, including the Civil Practice Laws and Rules, the Business Corporation Law, the General Associations Law,…more

Foreign Corporations, Governor Vetoes, Jurisdiction, New York, State and Local Government

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New Jersey Appellate Decision Based on the Workers’ Compensation Premises Rule

A recent decision of the Appellate Division in Keim v. Above All Termite & Pest Control addresses the premises rule and its exceptions. The case involved an employee working as a pesticide applicator who traveled from his…more

Car Accident, Workers' Compensation Claim, Workplace Injury, Workplace Safety

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Rhode Island – Infectious Disease COVID-19

Under Rhode Island Workers’ Compensation Law, an occupational disease is set apart of accidental injuries in that it is not expected because it is incident to a particular employment, and it is gradual in development…more

Coronavirus/COVID-19, Infectious Diseases, Workers' Compensation Claim

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A Look at Fifth Amendment Rights in a Workers’ Compensation Case

The Fifth Amendment right against self-incrimination has become a staple of American culture as it has worked its way into movies and television. These representations are almost always in the context of a criminal case, which…more

Discovery, Fifth Amendment, Self-Incrimination, Workers' Compensation Claim

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Yellow Corporation Bankruptcy Considerations

The nearly 100-year-old trucking company, Yellow Corp., filed for bankruptcy in Delaware on Sunday, August 6, 2023. Its outstanding debts are estimated to be $1.5 billion, including $730 million owed to the federal government…more

Commercial Bankruptcy, Creditors, Debtors

See all updates »

Mitigating Indemnity Exposure

Chartwell Law's Jason Hanford, Esq., Elizabeth S. Cavallaro, Esq. and Kaitlin E. Perry, Esq. present this informative webinar addressing how to mitigate indemnity exposure. During this presentation, our panelists cover various…more

Impairment Rating Evaluations (IREs), Indemnity, Job Offers, Return-to-Work Agreements, Risk Mitigation

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2023-2024 Final Georgia Legislative Updates: General Liability

In its current session, the Georgia Legislature considered ten bills that, if passed, would have directly impacted the transportation industry in the state. The last day of the Georgia legislative session, known as sine die, was…more

Apex Doctrine, Governor Kemp, Insurance Industry, Liability, State and Local Government

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Student Athletes Are Employees Under NLRA, According to NLRB Regional Director

Fifteen student athletes on the Dartmouth men’s varsity basketball team were deemed employees under the National Labor Relations Act (NLRA) and are entitled to an election to decide union representation – the first for NCAA…more

College Athletes, NLRA, NLRB, Student Athletes

See all updates »

Florida Insurance Reform Law SB-2D Approved

Florida just adopted a major insurance reform package that will directly impact the property insurance industry in the state. On May 24, 2022, the Florida Senate voted 30-9 to approve SB-2D, and then on May 25, 2022, the House…more

Governor DeSantis, Insurance Industry, Insurance Reform, State and Local Government

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The Chartwell Chronicles: Trucking

In Episode 27 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Garner Berry from our Ridgeland, MS office to discuss trucking claims. Colin, Brittany, and Garner cover a variety of…more

Commercial Truck Drivers, Motor Carriers, Transportation Industry, Trucking Industry, Trucking Regulations

See all updates »

Pennsylvania Workers’ Compensation and Winter Weather Injuries

Accidents and injuries can happen any time of the year. The snow, sleet, and ice that arrive with Pennsylvania’s often harsh winters, however, make them more likely to occur. And when winter weather results in injuries to…more

Severe Weather, Workers' Compensation Claim, Workplace Injury, Workplace Safety

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NY Third Appellate Division Decision Precludes Coverage of a Non-Leased Employee Under a PEO

The Third Department Appellate Division —for the first time—held that an employee was not covered by a Professional Employer Organization (PEO) policy because she was not a leased employee. In Brown v. Buffalo Transportation,…more

Employer Liability Issues, Professional Employer Organization, Workers Compensation Board, Workers' Compensation Claim

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Pennsylvania Workers' Compensation Update

Members of Chartwell Law’s workers’ compensation team participated in a conference call with Joseph DeRita, Director of Workers' Compensation Office of Adjudication for the Pennsylvania Department of Labor and Industry, and…more

Coronavirus/COVID-19, Infectious Diseases, Workers' Compensation Claim

See all updates »

Florida Senate Bill 76 Signed Into Law

On April 30, 2021, the Florida legislature passed SB 76, which includes important provisions that will impact Florida property insurance claims handling and litigation. Governor Ron DeSantis signed the bill into law on June 11,…more

Homeowners, Insurance Claims, Insurance Industry, Property Insurance, State and Local Government

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Can Act 111 Be Applied Retroactively to Impairment Rating Evaluations Prior to Its Passage in 2018?

In City of Pittsburgh vs. WCAB (Donovan), No. 1804 C.D. 2019 (4/22/2021) claimant sustained a work injury in July 2010 to both his shoulders. That injury was accepted by the employer, and claimant received wage loss benefits. In…more

Employer Liability Issues, Workers' Compensation Claim, Workplace Injury, Workplace Safety

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New York Governor Vetoes Grieving Families Act

On December 29, 2023, New York Governor Kathy Hochul vetoed, for a second time, the Grieving Families Act (the Act), a proposed amendment to New York’s wrongful death statute; that statute remains unchanged…more

Damages, Funerals, Insurance Industry, Medical Expenses, New York

See all updates »

Pennsylvania DLI Establishes 2024 Workers' Compensation Maximum Weekly Rate

The Pennsylvania Division of Labor and Industry has issued a notice establishing the maximum weekly compensation rate for 2024. The new rate applies to work-related injuries and illnesses occurring on and after January 1, 2024…more

Employer Liability Issues, Workers' Compensation Claim, Workplace Injury, Workplace Safety

See all updates »

The New Jersey Insurance Fair Conduct Act: Thoughts on How Recent Cases Interpret and Define the Contours of the Act

The $1.88 million jury verdict in a New Jersey underinsured motorist (“UIM”) claim, Kelley v. Massachusetts Bay Insurance Company, No. 19-cv-19037 (D. N.J. May 13, 2022) drew headlines in legal and insurance media recently. One…more

First-Party Coverage, Insurance Claims, Insurance Industry, Insurance Litigation, Uninsured and Under-Insured Motorists

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In the Face of the COVID-19 Pandemic's Impact on Business and Policyholders, the New York Department of Financial Services Sets Forth New Directives for Insurers

The World Health Organization’s (“WHO”) formal declaration that the spread of the novel coronavirus COVID-19 is now a pandemic, accompanied by the United States’ Federal Government and individual states’ “state of emergency”…more

Banks, Coronavirus/COVID-19, Emergency Response, Financial Institutions, Financial Services Industry

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Equal Employment Opportunity Commission Issues Updated Guidance on COVID-19

The U.S. Equal Employment Opportunity Commission has recently issued updated guidance regarding COVID-19, the Americans with Disabilities Act (ADA), the Rehabilitation Act and other EEO laws…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Reasonable Accommodation, Rehabilitation Act

See all updates »

New York: Workers’ Compensation Minimum Rate Increases Bring Significant Changes to Workers’ Compensation Benefits

On September 6, 2023, Governor Hochul signed new legislation (S1161-A/A2034-A) implementing a near doubling (initial 83.33% increase) of the state’s workers’ compensation minimum weekly benefits - marking a substantial change…more

Employer Liability Issues, Workers' Compensation Claim, Workplace Injury

See all updates »

Pennsylvania Workers' Compensation Update

Members of Chartwell Law’s workers’ compensation team participated in a conference call with Joseph DeRita, Director of Workers' Compensation Office of Adjudication for the Pennsylvania Department of Labor and Industry, and…more

Coronavirus/COVID-19, Infectious Diseases, Workers' Compensation Claim

See all updates »

Pierce v. Banks: Time-Limited Demands and Mirror Image Acceptance

A Georgia Court of Appeals recently addressed the enforceability of a settlement agreement lacking “mirror image” acceptance. In a surprising decision, the court held that a binding pre-suit settlement did not exist where, in…more

Appeals, Settlement, Settlement Agreements

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Marijuana in the Workplace: Uncertainty and Risks for Employers

Employers continue to grapple with New Jersey’s marijuana laws. First enacted in 2010, and amended in 2019, the Jake Honig Compassionate Use Medical Cannabis Act (CUMCA) legalized the medicinal use of marijuana. More recently,…more

Drug Testing, Employment Discrimination, Employment Policies, Hiring & Firing, Marijuana

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Pennsylvania Court Sets Aside “Red Book” Standard for Workers’ Compensation Prescriptions

On January 2, 2024, the Pennsylvania Commonwealth Court ruled to set aside the long-utilized “Red Book” standard for repricing prescription medications in Pennsylvania workers’ compensation claims. The court directed the…more

Employer Liability Issues, Workers Compensation Act, Workers' Compensation Claim, Workplace Injury

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An Overview of Connecticut Workers' Compensation

Chartwell Law's Adam J. Harrison, Esq. and Jamie Spiller Kaplan, Esq. present this informative webinar addressing the fundamentals of Connecticut workers' compensation and cover: • Defining work related injuries, types of…more

Workers Compensation Act, Workers Compensation Awards, Workers' Compensation Claim, Workers’ Compensation Appeals Board (WCAB), Workplace Injury

See all updates »

Tennessee Law Distinguishes ESAs from Service Animals in Restaurants

Tennessee restaurant owners have likely experienced patrons bringing emotional support animals (ESAs) into their restaurants. Those owners have also likely wondered what restrictions exist under current law on allowing ESAs into…more

Americans with Disabilities Act (ADA), Emotional Support Animals, Reasonable Accommodation, Service Animals

See all updates »

New York's "Expanded Provider Law" Will Allow for an Additional Class of Providers to Render Treatment to Injured Workers

New York’s Workers’ Compensation Law, as it stands, permits an injured worker to treat with any physician authorized by the Chair of the Workers’ Compensation Board to render medical care as provided under the Medical Treatment…more

Employer Liability Issues, Popular, Workers Compensation Act, Workers Compensation Awards, Workers' Compensation Claim

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Skating Through Snow and Ice Mishaps - A Primer in Connecticut’s Premises Liability Law

The elements of a cause of action for negligence are well established: duty, breach of that duty, causation, and actual injury. Pelletier v. Sordoni/Skanska Const. Co., 286 Conn. 563, 593 (2008). “The status of an entrant on…more

Dangerous Condition, Duty to Warn, Negligence, Premises Liability, Property Owners

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Pennsylvania Retailers and COVID-19 Protocols

This article analyzes a recently released COVID-19 Executive Order from Governor Wolf. This order was updated by a temporary order in effect from December 12, 2020, through January 4, 2021, to address a significant increase in…more

Coronavirus/COVID-19, Executive Orders, Governor Wolf, Health and Safety, Retailers

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An AOB Doesn’t Let You Get Away with Fraud, Florida’s 6th DCA Holds

Most property insurance policies contain “Concealment or Fraud” provisions. As the name suggests, these provisions penalize claimants for material misrepresentations or concealment by releasing insurers from payment obligations,…more

Insurance Claims, Insurance Industry, Policy Terms, Property Insurance

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Business Interruption Insurance Coverage Challenges Triggered by COVID-19

The economic fallout of the 2019 Coronavirus (COVID-19) will be staggering. COVID-19 has disrupted supply chains, lowered consumer demand, and wrecked financial markets. Expert economists have begun predicting a global economic…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

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New York: Workers’ Compensation Minimum Rate Increases Bring Significant Changes to Workers’ Compensation Benefits

On September 6, 2023, Governor Hochul signed new legislation (S1161-A/A2034-A) implementing a near doubling (initial 83.33% increase) of the state’s workers’ compensation minimum weekly benefits - marking a substantial change…more

Employer Liability Issues, Workers' Compensation Claim, Workplace Injury

See all updates »

Can Businesses Require Proof of COVID-19 Vaccination Before Providing Entry or Service To The Public?

There have been discussions as to whether private companies can require proof of vaccinations from the public now that COVID-19 (“COVID”) vaccinations have been approved by the Food & Drug Administration in the United States. …more

Coronavirus/COVID-19, Infectious Diseases, Public Health, Vaccinations

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Student Athletes Are Employees Under NLRA, According to NLRB Regional Director

Fifteen student athletes on the Dartmouth men’s varsity basketball team were deemed employees under the National Labor Relations Act (NLRA) and are entitled to an election to decide union representation – the first for NCAA…more

College Athletes, NLRA, NLRB, Student Athletes

See all updates »

Coronavirus at the Workplace

Coronavirus: a bacteria-ridden beer bottle with a lime? No. Pandemic? Not quite. A serious health concern that potentially presents issues to employers across the country? Yes…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, International Travel

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The Chartwell Chronicles: Florida Workers' Compensation

In Episode 25 of The Chartwell Chronicles, host Colin Davis is joined by special guest Thomas Marchese from our Tallahassee, FL office. During this episode, Colin and Tom discuss Florida workers' compensation defense and explore…more

Defense Strategies, Employer Liability Issues, Florida, Jurisdiction, Workers' Compensation Claim

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New Florida Statute Seeks to Protect Businesses Against Baseless COVID-19 Civil Liability Claims

Recently passed §768.38, Fla. Stat. provides heightened liability protections for entities that made a good faith effort to comply with COVID-19 health standards against COVID-19-related claims due to the threat of unknown and…more

Civil Liability, Coronavirus/COVID-19, Immunity, Statute of Limitations

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Insurers Prevail in Alleged Business Interruption Coverage Matters, Perhaps Paving the Way for Future Rulings

Gavrilides Management Company et al. vs. Michigan Insurance Co. presented an issue of first impression for Michigan courts whereby a restaurant owner made a business interruption claim under his insurance policy due to the…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Yellow Corporation Bankruptcy Considerations

The nearly 100-year-old trucking company, Yellow Corp., filed for bankruptcy in Delaware on Sunday, August 6, 2023. Its outstanding debts are estimated to be $1.5 billion, including $730 million owed to the federal government…more

Commercial Bankruptcy, Creditors, Debtors

See all updates »

Student Athletes Are Employees Under NLRA, According to NLRB Regional Director

Fifteen student athletes on the Dartmouth men’s varsity basketball team were deemed employees under the National Labor Relations Act (NLRA) and are entitled to an election to decide union representation – the first for NCAA…more

College Athletes, NLRA, NLRB, Student Athletes

See all updates »

New York Governor Vetoes Grieving Families Act

On December 29, 2023, New York Governor Kathy Hochul vetoed, for a second time, the Grieving Families Act (the Act), a proposed amendment to New York’s wrongful death statute; that statute remains unchanged…more

Damages, Funerals, Insurance Industry, Medical Expenses, New York

See all updates »

Decisions By Federal Courts Favor Insurers in COVID-19 Business Interruption Claims in Florida

Two recent opinions addressed the trigger of coverage language requiring a “direct physical loss.” In Mama Jo’s Inc., d.b.a Berries v. Sparta Insurance Company, the Eleventh Circuit Court of Appeals affirmed summary judgment in…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims

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How the Rebuttable Presumption Influences COVID-19  Workers’ Compensation Claims in New Jersey

Since the COVID-19 pandemic, there has been a rise in occupational exposure claims filed for employees who allege they have contracted COVID-19 in the course and scope of their employment. However, unlike other workers’…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Occupational Exposure

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The Course and Scope of Employment

Chartwell Law's Jason Hanford, Esq., Robert J. Baker, and Christopher D. Pavuk, Esq. present this informative webinar addressing the course and scope of Pennsylvania employment. During this presentation, our panelists cover…more

Going and Coming Rule, Parking Lots, Traveling Employee, Workers Compensation Awards, Workers' Compensation Claim

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Florida Legislature Considers Further Significant Tort Reforms

In recent months, Florida has seen significant insurance litigation reform. In a December 2022 special session, the Florida Legislature passed Senate Bill 2A, which made sweeping changes to the regulation of insurance companies,…more

Florida, State Legislatures, Tort Reform

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New Jersey Supreme Court Clarifies Definition of "Employee"

One of the most deceptively complex issues in New Jersey workers’ compensation is the definition of an employee. This designation is critical because only employees, as opposed to independent contractors, are eligible for…more

Employee Definition, Employer Liability Issues, Independent Contractors, NJ Supreme Court, State Labor Laws

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Skating Through Snow and Ice Mishaps - A Primer in Pennsylvania’s Premises Liability Law

Northeast winters are becoming increasingly less wintry, however, even the occasional storm, while beautiful, can be dangerous. This can often be a liability producing situation for property owners. Ice and snow are slippery and…more

Bodily Injury, Dangerous Condition, Liability, Negligence, Premises Liability

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Insurers Prevail in Alleged Business Interruption Coverage Matters, Perhaps Paving the Way for Future Rulings

Gavrilides Management Company et al. vs. Michigan Insurance Co. presented an issue of first impression for Michigan courts whereby a restaurant owner made a business interruption claim under his insurance policy due to the…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Notable Developments in Insurance Bad Faith and What It Means For Insurers

Recently, in Security National Ins. Co. v. Construction Associates of Spokane, No. 20-167 (E.D. Wash. Mar. 24, 2022), a Washington federal court concluded that an insurer breached its duty to defend a party as an additional…more

Bad Faith, Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation

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Summertime Surveillance and Workers’ Compensation

In 1963, the Pennsylvania Supreme Court determined that there is no expectation of privacy when a private investigator follows an individual and photographs her on the street subsequent to her claiming personal injuries…more

Reasonable Expectation of Privacy, Surveillance, Workers' Compensation Claim, Workplace Injury

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The Chartwell Chronicles: Understanding the Medicals

In Episode 26 of The Chartwell Chronicles, host Brittany Atkinson is joined by special guest Mark Spivak from our Moorestown, NJ office to discuss the importance of the medicals in New Jersey workers' compensation. Brittany and…more

Bodily Injury, Employer Liability Issues, Workers' Compensation Claim, Workplace Hazards, Workplace Injury

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New Jersey Raises Maximum Workers’ Compensation Fees for Evaluating Physicians

On July 20, 2023, New Jersey Governor Phil Murphy signed Senate Bill, No. 3309 (A-4832) into law. The law, effective immediately, raises the maximum allowable fees for workers’ compensation evaluating physicians and expands the…more

Fees, Workers' Compensation Claim, Workers' Compensation Defense, Workplace Injury

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The Pennsylvania Supreme Court Affirms Doctrine of Workers' Compensation Exclusivity

The Pennsylvania Supreme Court issued a significant decision this week, enforcing the Pennsylvania Workers’ Compensation Act’s exclusivity provision. Franczyk v. The Home Depot, Inc. (Pa. April 19, 2023)…more

PA Supreme Court, Workers Compensation Act, Workers' Compensation Claim, Workplace Injury

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Positive Employer Work Order Versus Positive Employee COVID-19 Test

It’s the news we have been waiting to hear for months. Operation Warp Speed has successfully accelerated the development and production of COVID-19 vaccines, and while the actual distribution of the vaccine has caused chaos, the…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employment Policies, Infectious Diseases

See all updates »

Early Indications Reveal that New Jersey Courts Will Uphold a Virus Exclusion Regarding COVID-19 Business Interruption Claims

It has been almost a year since federal, state, and local orders dramatically impacted many businesses’ ability to host customers and created a number of other related issues. Not long after these restrictions took effect,…more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Policy Exclusions

See all updates »

Locking Down on Protracted Healing Periods

The undeniable progress of medicine both in and outside of workers’ compensation is a sight to behold. There are continuous improvements in methodologies and medications, resulting in improvements in recovery results and…more

Employer Liability Issues, Workers Compensation Awards, Workers' Compensation Claim, Workplace Injury

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Disclosure of Issues Not Readily Observable to a Buyer

You are excited because you have a great listing with a motivated seller to sell his property. The property is being sold "as is," and buyers are encouraged to do any, and all inspections that they believe are necessary before…more

Buyers, Property Owners, Real Estate Transactions, Sellers

See all updates »

Florida Courts Diverge on Presumption of Prejudice and Late Notice

On January 3, 2024, the Third DCA issued an opinion in Mario Arce et.al. vs. Citizens Property Insurance Corporation, 3D22-0722 (Fla. 3d DCA 2024), expressly disagreeing with the Fourth DCA on whether late notice provided by an…more

Insurance Claims, Insurance Industry, Insurance Litigation, Property Damage, Property Insurance

See all updates »

A General Overview of Maryland Workers' Compensation

Chartwell Law's John T. Huskin, Jr., Esq. and Steven R. Tregea, Esq. present this informative webinar addressing the fundamentals of Maryland workers’ compensation and cover: compensable claims; jurisdictional issues; claims…more

Jurisdiction, Maryland, Workers Compensation Awards, Workers' Compensation Claim, Workplace Injury

See all updates »

Workers’ Compensation and Minors: Potential Impacts on Employers

As summer season brings with it a new class of student workers, employers may be faced with more questions than answers about where summer workers fall along the spectrum of those covered by the Pennsylvania Workers’…more

Employer Liability Issues, Workers' Compensation Claim, Workplace Hazards, Workplace Injury, Workplace Safety

See all updates »

Treating Physician vs. Hired Expert: Is the Tide Turning in New Jersey?

In New Jersey, employers and, more often, their carriers/TPAs, control the medical treatment of workers injured in the workplace. In concert with that, the courts have created a rationale whereby a treating physician's opinion…more

Workers' Compensation Claim, Workplace Injury, Workplace Safety

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The Chartwell Chronicles: Release & Resignation

In Episode 19 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Leslie Whitten from our Charleston, SC office to discuss releases and resignations in workers' compensation defense…more

Employer Liability Issues, Releases, Resignation, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

Yellow Corporation Bankruptcy Considerations

The nearly 100-year-old trucking company, Yellow Corp., filed for bankruptcy in Delaware on Sunday, August 6, 2023. Its outstanding debts are estimated to be $1.5 billion, including $730 million owed to the federal government…more

Commercial Bankruptcy, Creditors, Debtors

See all updates »

How to Properly Use the Pennsylvania Workers' Compensation Bureau Forms

Chartwell Law's Jason Hanford, Esq., Jaclyn A. Vottero, Esq., and Alan Wolfson, Esq. present this informative webinar addressing various Pennsylvania BWC forms used for accepting and denying claims, various forms used after a…more

Workers Compensation Awards, Workers Compensation Board, Workers' Compensation Claim, Workers' Compensation Defense

See all updates »

Pandemic: An Outbreak of Negligent Security Litigation

Perhaps only Maleva the gypsy fortune teller can predict the nature and scope of lawsuits to come out of the myriad scenarios associated with the Coronavirus (COVID-19). However, one such concern may be “negligent-security”…more

Coronavirus/COVID-19, Infectious Diseases, Negligence, Retailers

See all updates »

Tennessee Law Distinguishes ESAs from Service Animals in Restaurants

Tennessee restaurant owners have likely experienced patrons bringing emotional support animals (ESAs) into their restaurants. Those owners have also likely wondered what restrictions exist under current law on allowing ESAs into…more

Americans with Disabilities Act (ADA), Emotional Support Animals, Reasonable Accommodation, Service Animals

See all updates »

[Webinar] Protecting Your Retail Operations From Insurance And Legal Claims In A Post COVID-19 Marketplace - October 29th, 3:30 pm - 4:45 pm EST

Whether you operate an essential store, luxury brand retailer, flash or pop-up store, big-box store, supermarket, or a large retail chain, the COVID-19 pandemic and its aftereffects have forever changed how you should manage…more

Business Operations, Commercial General Liability Policies, Coronavirus/COVID-19, Delivery Drivers, Employer Liability Issues

See all updates »

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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