News and Legal Articles From Our Team

NJ COURT HOLDS THAT MANDATORY ARBITRATION PROVISION IN EMPLOYEE HANDBOOK NOT BINDING ON EMPLOYEE
H. Adam Shapiro

On September 18, 2015 the New Jersey Appellate Court issued a decision that should make all employers review their employee handbooks if it contains a mandatory arbitration provision. In the beginning of almost every employee handbook there is a disclaimer provision that says something along the lines that the employment relationship is at-will and that…

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BREACH OF CONTRACT •ACT OF GOD• THE POPE
H. Adam Shapiro

I was driving into work this morning and I heard on the radio a caller complaining that the secret service cancelled her wedding just 8 days short of the big day because of the Pope. So I started thinking, what happened to all the deposit money? Did she lose it all-the money-not her mind. What…

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CLIENT ALERT: EMV COMPLIANCE DEADLINE OCTOBER 1, 2015 – CREDIT CARD FRAUD LIABILITY SHIFTS
H. Adam Shapiro

EMV stands for EuroPay, Mastercard and Visa and starting next week, it will be important for business owners to consider how they employ this payment method. On October 1, 2015 the liability for credit card fraud will shift to the business entity that employs the least effective security technology. In other words, in disputes between…

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PENNSYLVANIA’S NEW ENTITY TRANSACTION LAW MAKES IT EASIER TO CONVERT A LLC TO A CORPORATION
H. Adam Shapiro

On July 1, 2015, Pennsylvania’s new Entity Transaction Law went into effect and made it easier, faster, and cheaper for business entities to engage in “fundamental transactions” with another business entity. Examples of fundamental changes include a merger of one company into another, an amendment of a company’s articles of incorporation or converting your existing…

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DEPARTMENT OF JUSTICE PUBLISHES BEST PRACTICE TIPS TO DEAL WITH CYBER INTRUSION
H. Adam Shapiro

Every business owner, large or small, should take time to read the Department of Justice’s Best Practices for Victim Response and Reporting of Cyber Incidents. In today’s cyber world, it seems we cannot go a day without reading about another cyber security incident and its ramifications. For example, the Seventh Circuit Court of Appeals just…

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DEPARTMENT OF LABOR PROVIDES GUIDANCE ON CLASSIFICATION OF WORKERS AS EMPLOYEES OR INDEPENDENT CONTRACTORS
H. Adam Shapiro

The United States Department of Labor provided further guidance earlier this month on how it interprets the tests it uses to determine whether a worker should be classified as either an employee or independent contractor. While in some circumstances it may be appropriate to classify a worker as an independent contractor, to do this only…

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RECENT PENNSYLVANIA APPELLATE COURT OPINION SHOWS IMPORTANCE OF PROPERLY DOCUMENTING BOARD MEETINGS AND HOW TO INVOKE ATTORNEY CLIENT PRIVILEGE
H. Adam Shapiro

It is not uncommon for a company to have a board meeting and have its attorney present to render legal advice. What happens though when in litigation the other side requests production of the minutes for this meeting? Can you successfully claim the attorney client privilege? What if an attorney was present but only in…

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SEC TARGETS EMPLOYMENT CONFIDENTIALITY AGREEMENTS THAT INTERFERE WITH WHISTLEBLOWER INVESTIGATIONS
H. Adam Shapiro

The Securities and Exchange Commission reported its first enforcement action earlier this month against a company that inserted restrictive language in an employee confidentiality agreement to impede the whistleblower reporting process. In this action, the SEC charged that engineering firm KBR, Inc. violated whistleblower protection rule 21F-17 under the Dodd-Frank Act. (Click here for Order).…

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