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HTMLN.C. Supreme Court: Independent Auditor Has No Fiduciary Duty to Company
Martha P. Brown, Jonathan S. Ziss; Goldberg Segalla LLP;
Legal Alert/Article
October 27, 2016, previously published on October 19, 2016
In a widely watched and long-awaited decision, the North Carolina Supreme Court definitively determined that an independent auditor has no fiduciary duty to the company, overturning a 2014 Court of Appeals decision finding that such a duty existed. The court, however, was evenly divided on the...

 

HTMLBeware the Cat’s Paw: Employer Liability for Harassment Expanded
Caroline J. Berdzik, Kristin Klein Wheaton; Goldberg Segalla LLP;
Legal Alert/Article
October 13, 2016, previously published on October 5, 2016
The Second Circuit has expanded a theory of liability that can be asserted against employers. Previously, the Second Circuit had not ruled on whether an employer can be held liable for the actions of a lower-level employee with a discriminatory motive who manipulates an unwitting manager or...

 

HTMLNew York State Department of Labor Adopts Direct Deposit and Payroll Debit Card Regulations
Caroline J. Berdzik, Gregory Bruce Gilmore; Goldberg Segalla LLP;
Legal Alert/Article
October 11, 2016, previously published on October 5, 2016
A regulation that clarifies and specifies the acceptable methods by which employers in New York State may pay wages to certain employees will take effect on March 7, 2017. The regulation, adopted by the state's Department of Labor earlier this fall and codified at section 192 of the New York Labor...

 

HTMLAppellate Division Provides Clarity: Medical Expenses Are Recoverable by Workers’ Compensation Carriers Under Section 40
Damon M. Gruber, Esther F. Omoloyin, Daniel J. Rosenthal; Goldberg Segalla LLP;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
The Appellate Division of the New Jersey Superior Court issued a published decision on August 24, 2016 confirming the right of workers’ compensation insurers to recover medical expenses from the proceeds of any recovery the worker obtains from a third-party tortfeasor under Section 40 of the...

 

HTMLEEOC Releases Final Enforcement Guidance on Retaliation and Related Issues
Caroline J. Berdzik, Christopher P. Maugans; Goldberg Segalla LLP;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
In the spring, we notified you that the U.S. Equal Employment Opportunity Commission (EEOC) proposed changes to its guidance on workplace retaliation. The EEOC recently released its final enforcement guidance, which replaces its 1998 Compliance Manual section on retaliation.

 

HTMLTitle IX Issues Continue to Beset Higher Ed
Caroline J. Berdzik, Dove A. E. Burns, Christopher P. Maugans, Stacey L. Pitcher, Kristin Klein Wheaton; Goldberg Segalla LLP;
Legal Alert/Article
August 24, 2016, previously published on August 10, 2016
Over the past few years, sweeping regulations relating to Title IX have imposed obligations on colleges and universities to implement robust policies relating to investigations and corrective action to be taken when confronted with complaints by victims of sexual assault. Baylor University made...

 

HTMLSupreme Court Stalls Transgender Student Bathroom Mandate
Caroline J. Berdzik, Dove A. E. Burns, Christopher P. Maugans, Stacey L. Pitcher, Kristin Klein Wheaton; Goldberg Segalla LLP;
Legal Alert/Article
August 24, 2016, previously published on August 10, 2016
In April, the Fourth Circuit ruled that the Gloucester County School Board’s decision prohibiting a transgender male student from using the boy’s bathroom violated Title IX of the education code. Then, in June, a Virginia federal judge issued an injunction ordering the school board to...

 

HTMLRecent Centers for Medicare & Medicaid Services (CMS) Guidance Emphasizes Robust Social Media Policies, Procedures, and Training for Long-Term Care Providers
Caroline J. Berdzik; Goldberg Segalla LLP;
Legal Alert/Article
August 18, 2016, previously published on August 10, 2016
As expected, state surveyors will now be focusing on long-term care facilities’ social media policies and procedures for staff as part of the survey process. This should come as no surprise as both the media and Congress have devoted significant time and attention to the increasing trend of...

 

HTMLLGBT Update: Five Things You Need to Know About the Transforming Workplace
Madeline S. Baio, Caroline J. Berdzik; Goldberg Segalla LLP;
Legal Alert/Article
August 10, 2016, previously published on July 22, 2016
We have all heard about the Obama administration’s directive barring employers and schools from gender identity discrimination and the battle over North Carolina’s law, known as H.B.2, which requires people to use bathrooms that match the gender listed on their birth certificate. But...

 

HTMLHelp Send Our Troops a Little Slice of Home at the 7th Annual Bunkers in Baghdad Benefit in Chicago
Goldberg Segalla LLP;
Legal Alert/Article
August 9, 2016, previously published on June 10, 2016
Make a difference in the lives of U.S. soldiers and injured veterans around the world by joining us at the 7th Annual Bunkers in Baghdad Benefit in Chicago. The funds raised will help send golf equipment to our troops and allow them to experience the game’s rehabilitative and recreational...

 


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