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New NLRB Joint Employment Rule: Don't Celebrate Just Yet

The National Labor Relations Board’s Sept. 13 release of the draft joint employer rule was met with glee by employers across the country. While the proposed rule will reduce the opportunity for liability to be extended to a secondary business, employers operating in these circumstances must continue to contend with varying joint employer rules. ...

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Omarosa's NDA Battle -- Confidentiality and Context in the Workplace

The business world has much more to learn from the Omarosa Manigault White House battle than just fashionable workplace attire and a flair for the dramatic. The battle between the White House and Omarosa over the scope of her disclosures brings the issue of Non-Disclosure Agreements (NDA), and their efficacy and enforceability to the forefront.  E...

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Reasonable Needs Now to Be Considered in High-Income Child Support Cases

The recent Pennsylvania Supreme Court case of Hanrahan v. Bakker, 186 A.3d 958 (Pa. 2018), a unanimous decision, and a case of first impression, changes the application of the high-income child support guidelines in Pennsylvania. Child support in Pennsylvania is governed by a statute and guidelines contained in the Pennsylvania Rules of Civil Proc...

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Jeffrey Cadle Authors Law360 Expert Analysis on Fluctuating Workweek in Pennsylvania

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Drainage and the Rule of Capture in the Oil and Gas Industry

The rule of capture holds that “The owner of a tract of land acquires title to the oil and gas which he produces from wells drilled thereon, though it may be proved that part of such oil or gas migrated from adjoining lands. In the 2007 movie “There Will Be Blood,” there is a scene featuring Eli Sunday, an evangelical minister who has fallen...

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New Child Custody Law Opens Door a Bit for Grandparents, Third Parties

On July 4, a change to the child custody laws in Pennsylvania is set to impact standing for grandparents and third parties. Historically, grandparents have been given an elevated status with regard to child custody matters. Normally, only parents or people acting as parents (in loco parentis) are individuals who may seek custody of a child. Howeve...

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The Weinstein Effect: Risk Professionals Must Go Beyond Settlements and Non-Disclosure Agreements

Originally published in CLM Magazine. See the PDF version here, or continue reading below: As autumn 2017 came to an end, we witnessed the epic fall of Hollywood elites as the Weinstein dominoes continued to topple. The fervor of the #MeToo movement indicated that the fallout extended well past the Hollywood hype and hipster elite. From the worke...

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Court Examines the Impact of Retirement in Alimony Termination Case

Alimony is a post-divorce remedy that consists of a monthly payment from one spouse to the other that begins upon the entry of a divorce decree. If alimony is being paid pursuant to a provision in the parties’ property settlement agreement that is thereafter incorporated but not merged with the divorce decree divorcing the parties, the alimony pa...

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A Shift On Employee Title VII Protections At 6th Circuit

Originally published on Law360   On March 7, 2018, the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission against a Michigan funeral home. The EEOC brought the case, EEOC v. R.G. & G.R. Harris Funeral Homes,[1] on behalf of Aimee Stephens, a funeral dir...

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Take Three: In Loco Parentis Revisited for Third Time in a Year

In what is becoming one of the hottest topics in Pennsylvania Child Custody Law, in loco parentis took center stage before the Superior Court in the recent case of MJS v. BB v. BB, ___ A.3d ___, 2017 Pa. Super 327 (Oct. 17). This case is one of three cases to address in loco parentis status by a litigant in a child custody case recently. The recent...

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