C&W Journal

March 12, 2020

NJ Supreme Court Holds Employers May Not Discriminate Against Employees Who Are Medical Marijuana Patients Under LAD

Until yesterday, the interplay between New Jersey’s Compassionate Use Act and the Law Against Discrimination (“LAD”) was unclear. In a landmark decision, Justin Wild v. Carriage Funeral Holdings, Inc ., the Supreme Court of New Jersey granted protected status to medical marijuana patients under the LAD. Affirming the substantive decision of the...

March 11, 2020

CORONAVIRUS - How Employers Address Employee Need for Leaves of...

As noted several times in our prior articles published over the last week, the CDC recommends that businesses encourage employees with symptoms of acute respiratory illness to stay home until free...

March 09, 2020

CORONAVIRUS - Is it Work Related and are Employers Potentially...

The short answer, maybe. Each state has specific rules and regulations defining what is covered as an accidental injury and/or occupational disease under their workers’ compensation statutes....

March 06, 2020

CORONAVIRUS - Employers Have a "General Duty" to Act

OSHA governs health and safety regulations in the workplace. When a disease or virus has a significant impact on a global level, the World Health Organization will declare a pandemic. As an...

March 05, 2020

Coronavirus - A Recommended Employer Response

In recent weeks, we have been tasked with learning about and preparing an appropriate response for the Coronavirus –COVID-19. According to the CDC, Coronaviruses are a large family of viruses that...

March 03, 2020

NJ Supreme Court Affirms Lower Courts' Decisions in Felix v....

Guerline Felix v. Brian V. Richards , New Jersey Supreme Court (Opinion Date: February 26, 2020) The New Jersey Supreme Court recently affirmed the lower courts' decisions rejecting GEICO's...

January 21, 2020

eDiscovery and Data Breaches - Q&A with Carolyn Purwin Ryan and...

When used in the wake of a data breach, eDiscovery tools can help companies manage their legal and regulatory risks through the inventory of compromised sensitive information. At the Net Diligence...

September 27, 2019

DOL Issues Final Rule on Overtime Thresholds

On September 24, 2019, the U.S. Department of Labor announced a final rule to make 1.3 million American workers newly eligible for overtime pay. The final rule updates the earnings thresholds...

July 23, 2019

Massachusetts New Data Breach Laws: Are You Compliant?

Massachusetts amended their state’s data breach notification law Mass. Gen. Laws Ch. 93H, § 1-6 on January 10, 2019. These additional requirements include changes to the notice to the regulators...

June 04, 2019

NJ PIP Reimbursement Disputes: To Arbitrate or Litigate?

The New Jersey Appellate Division recently handed down a published decision regarding NJ PIP subro claims against self-insured commercial auto tortfeasors. (The decision will also apply to PIP...

March 26, 2019

Medical Marijuana in PA Workers' Comp - More Questions than...

The legalization of marijuana for both medical use and recreational use is a hot topic in legal circles these days. There are many ramifications to both types of legalization, involving many...

February 28, 2019

Courts Crack Down on Spoliation But Reluctant to "throw the...

When a new trucking accident case is assigned to defense counsel, one of the first things to be accomplished is to ensure that all relevant evidence is accounted for and preserved. While most of...

September 11, 2018

New Jersey Governor Signs Legislation Limiting Fee Reduction for...

As many New Jersey Workers' Compensation defense practitioners are aware, the bona fide voluntary tender (or "VT") has been an effective vehicle to permit employers to offset a portion of attorney...

July 10, 2018

PA Supreme Court Interprets Section 319 of the Workers'...

The Supreme Court of PA has been very busy so far this summer with Workers' Compensation matters. Shortly on the heels of the Court's decisions in Whitfield and Pavlack , which dealt with Protz...

June 19, 2018

IREs Post-Protz - Does Timing Matter?

Decisions in two cases involving Impairment Rating Evaluations (IRE) were decided by the Commonwealth Court on June 6, 2018. The cases were Whitfield v. WCAB (Tenet Health System Hahnemann LLC)...

February 01, 2018

It is Time for Law Firms to Get Serious about Personal Health...

In September of 2013, the HIPAA Omnibus Rule became effective. The purpose of the Omnibus Rule was to strengthen the privacy and security of patients' Protected Health Information (PHI) by, among...

January 09, 2018

A Firm Can Avoid Conflicts By Making A Referral, Right?

Every lawyer has been taught that when a conflict of interest exists with a client, one solution is to make a referral to another lawyer. However, will the referral avoid a conflict of interest...

December 15, 2017

Attorneys Beware — Cybercriminals are After Your Client's Money

Remember the days of sending letters to clients and opposing counsel? Over the years, this practice has diminished and emails have become the most common type of communication. Email has become an...

November 14, 2017

GDPR: Not Me, Right?

The General Data Protection Regulation (GDPR) was signed into law in May 2016. A common refrain amongst clients in the United States is that it doesn't apply to them. Many U.S. companies,...

August 15, 2017

Law Firms: Are They the Next Industry to Become a Cyber Breach...

In the wake of the latest Petya and WannaCry cybersecurity breaches, it has become readily apparent that law firms are not immune to cyber attacks. In fact, they are becoming a target. Law firms...

August 15, 2017

The Settle and Sue Doctrine Revisited

In June 2017, the Pennsylvania Supreme Court granted a petition for allowance of appeal to consider whether it should overturn its decision in Muhammad v. Strassberger, McKenna, Messer, Shilobod ...

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