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Seller Beware! The Ninth Circuit Holds Innocent Sellers Liable for the Return of Misappropriated Company Funds

When a court begins its opinion with the statement that “bad facts make bad law,” you know you are in for a good read. Such was the case with The Ninth Circuit Court of Appeals which recently held that two sellers of real estate and design services were liable for the return of payments alleged to be fraudulent transfers made by the debto...

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Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA mandated that employees prevailing in minimum wage or overtime lawsuits were automatically entitled liquidated damages equal to the...

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Fletcher Cox Case Brings Attention to the Claim of Alienation of Affection

  A lawsuit in North Carolina related to the end of a marriage has garnered a great deal of media coverage lately.  The Charlotte Observer reported that Philadelphia Eagles defensive lineman, Fletcher Cox, is being sued by a Huntersville, North Carolina man.  The suit alleges Fletcher Cox seduced the man’s wife and ruined their marriage. C...

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Fresh New Jersey Physical Therapy Rules for 2018

This past summer Governor Christie signed into law an amendment (“SB 1315”) to the New Jersey Physical Therapy Licensing Act of 1983 (“PT Licensing Act”), to be effective as of January 17, 2018.  Most importantly, SB 1315 will expand the scope of practice for Physical Therapists (each a “PT” and collectively “PTs”) and allow grea...

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Confidentiality and Sexual Harassment Claims – Will New Laws Limit Settlement Agreement Language?

In the recent wave of sexual harassment cases against public figures, it has come to light that women were paid large sums of money to keep their harassment allegations private, thus allowing their harassers to continue their inappropriate behavior.  Prominent recent examples of harassers protected by confidentiality clauses include Harvey W...

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Are We Headed for Divorce Season?

An article in Medical News Today  highlights a study by University of Washington Associate sociology Prof. Julie Brines and doctoral candidate Brian Serafini that found patterns in the timing of filing for divorce. Specifically, the study found “biannual patterns of filings for divorce – that divorce is seasonal during the periods fo...

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Labor Law Update: Will Employers be Thankful for the NLRB’s new General Counsel?

The National Labor Relations Board (NLRB) enforces and interprets the National Labor Relations Act (NLRA), which ensures the rights of employees to engage in collective bargaining and other union-related activities.  During the Obama administration, NLRB General Counsel Richard F. Griffin, Jr. aggressively advocated for labor-friendly position...

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How Decisions Regarding Custody and Visitation are Made in Delaware

Family Court judges are charged with making custody and visitation decisions regarding Delaware’s children. In each case brought before the judge, he or she sets custodial and residential arrangements in accordance with the best interests of the child.  But what does that consideration entail? Continue Reading  

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How the EEOC is Cracking Down on Equal Pay Act Violations in the Food Service Industry

With the prevalence of gender discrimination lawsuits in the media and the increasing number of equal pay laws nationwide, employers in the food services industry would be wise to review their hiring and payroll practices as soon as possible to ensure that they are not unlawfully contributing to the gender pay gap, or otherwise retaliating agains...

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Parental Alienation in High Conflict Custody Cases

One of the most challenging aspects of divorce for parents is learning to move past the marital conflict in order to promote a healthy relationship between the children and a soon-to-be ex. All too often, in high conflict divorce, parents lose sight of how their behavior towards one another affects their children. Regardless of how contentiou...

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