Kristie Rearick is the magazines and publications editor at The Legal Intelligencer. She handles contributed content for the newspaper. Contact her [email protected].
November 08, 2024 | Daily Business Review
Second Circuit Ruling Expands VPPA Scope: What Organizations Need to KnowAlthough organizations have grappled with VPPA claims for several years, this decision is another red flag to organizations to take immediate steps and ensure compliance with privacy laws to mitigate the risks of VPPA claims.
By Aldo M. Leiva and Alexander Koskey
6 minute read
November 08, 2024 | The Legal Intelligencer
Navigating Third-Party Discovery in ArbitrationSome of the thorniest issues arise when parties disagree as to the permissibility of third-party discovery or a third party who is not subject to the arbitration agreement refuses to respond to discovery requests. To best navigate third party (or nonparty) discovery in arbitration it is best to consider the general principles governing discovery in this setting.
By Francine Friedman Griesing
10 minute read
November 08, 2024 | The Legal Intelligencer
Special Section: 2024 Labor & Employment/Workers' CompensationIn The Legal's Labor & Employment/Workers' Compensation special section read about the U.S. Supreme Court's decision in Students for Fair Admissions and how it will affect DEI efforts in the workplace going forward. And learn more about the Pregnant Workers Fairness Act and return-to-work mandates, as well as some issues affecting workers' compensation in the state.
By ALM Staff
3 minute read
November 08, 2024 | The Legal Intelligencer
Membership Has Its Privileges: Bankruptcy Court Examines LLC's Authority to File BankruptcyIn this case, the issue was whether the president was authorized to do so. In a recent decision issued on Sept. 30, 2024, the U.S. Bankruptcy Court for the Eastern District of Michigan examined this fundamental question of basic corporate governance and provided guidance to bankruptcy practitioners who may face similar questions in the future.
By Lawrence J. Kotler and Drew S. McGehrin
8 minute read
November 08, 2024 | The Legal Intelligencer
Insurers Are Misusing IMEs to Prematurely Cut Off Injured Workers' BenefitsEmployers and insurers are requesting workers submit to "independent" medical examinations (IMEs) performed by employer-selected physicians within the 90-day period before a temporary bureau document converts, and are then pursuing an inappropriate remedy—issuing a denial of the claim outright when a worker does not attend an IME or issuing a denial based on the IME physician's full recovery opinion.
By Ryan D. Tilley and Taylor Trusky
7 minute read
November 08, 2024 | The Legal Intelligencer
Workers' Comp Injuries Due to a Condition of the Premises of Operation of the BusinessThere are several cases where the Pennsylvania Commonwealth Court has reviewed the facts and determined that an injury was caused by a condition of the premises.
By Zachary M. Rubinich
6 minute read
November 08, 2024 | The Legal Intelligencer
Employment Issues for Employers to Consider When Implementing Return-to-Work MandatesCircumstances exist where an employer's rigid application or unilateral implementation of RTO policies creates legal risk.
By Caroline M. Austin and Niyah Dantzler
8 minute read
November 08, 2024 | The Legal Intelligencer
Supreme Court's Ruling in 'Students for Fair Admissions' and Its Impact on DEI Initiatives in the WorkplaceIn the wake of the landmark decision, employers across the country have been dealing with an uptick of litigation targeting workplace diversity, equity, and inclusion (DEI) policies and programs.
By Katharine Fogarty and Gabrielle Talvacchia
6 minute read
November 08, 2024 | The Legal Intelligencer
The EEOC's Litigation Under the Pregnant Workers Fairness ActSince the law went into effect, the EEOC has reported that it has received more than 2,000 charges alleging violation of the PWFA. In addition, the EEOC has recently filed several lawsuits against employers who have allegedly violated the PWFA, which provides accommodations for pregnant, and postpartum, applicants and employees.
By Lee C. Durivage and Alexandra O. Freeman
8 minute read
November 08, 2024 | The Legal Intelligencer
Terminating Employees With Workers' Compensation ClaimsEmployers must tread carefully to avoid allegations of retaliation or wrongful termination, which can easily lead to additional legal challenges. Understanding the interplay between workers' compensation laws and employment law is critical.
By Brittany Atkinson and Robert J. Baker
8 minute read
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