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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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Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

Employers have braced themselves for drastic changes as the Trump administration continues to play an active — and controversial — role in reshaping U.S. immigration policy. But behind the scenes in the U.S. Department of Justice’s Immigrant and Employee Rights Section (IER), whose tasks include enforcing the Immigration and Nationality Act ...

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Structuring Unpaid Internships After Wang V. Hearst

The Fair Labor Standards Act mandates the payment of minimum wage and overtime to employees in most U..S workplaces. However, when it comes to unpaid educational internships, the FLSA does not include a helpful definition or standard to determine when an employer is excused from paying wages. In the absence of guidance from Congress, the task has f...

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Same-Sex Partner Not Found a Parent and Not Found In Loco Parentis

With the evolution of same-sex marriage, the concerning issues that existed between same-sex couples in custody matters appeared to dissipate. However, in the recent case of C.G. v. J.H., the issue of standing in a child custody matter between same-sex partners has resurfaced and the result thereof has caused some concern. The recent case of C.G....

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Obermayer's Jeffrey Cadle authors “Hidden Dangers of the Fluctuating Workweek Method”

Obermayer attorney Jeffrey B. Cadle authored the Law360 article “Hidden Dangers of the Fluctuating Workweek Method.” Click here to read the full article. This article first appeared in Law360 on November 20, 2017.

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NLRB and EEOC Update: The Latest in Nominations and Confirmations

While all three branches of the federal government can impact labor and employment law on the national level, most major changes come from two executive branch departments—the Department of Justice (DOJ) and the Department of Labor (DOL)—and two independent agencies—the Equal Employment Opportunity Commission (EEOC) and the National Labor Rel...

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Failure to Disclose and Constructive Trust in Divorce

For many family law practitioners, 23 Pa.C.S. Section 3505(d) is a safety blanket protecting their clients in situations where a party fails to disclose information regarding an asset or assets with a fair market value of $1,000.00 or more which results in that asset or assets being omitted from the final distribution of property in a divorce matte...

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