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HTMLSupreme Court Clarifies EEOC Conciliation Process
Caroline J. Berdzik, Dove A. E. Burns, Timothy M. Gondek; Goldberg Segalla LLP;
Legal Alert/Article
May 4, 2015, previously published on April 30, 2015
On April 29, 2015, the U.S. Supreme Court ruled that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory obligation to pursue pre-suit conciliation. The Supreme Court’s decision resolves a split that existed between the...

 

HTMLNY AG Calls Out Use of On-Call Shifts in Retail Industry
Caroline J. Berdzik, Michael S. Katzen; Goldberg Segalla LLP;
Legal Alert/Article
April 29, 2015, previously published on April 15, 2015
On April 10, 2015, the New York State Office of the Attorney General Eric T. Schneiderman sent letters to 13 major national retailers, requesting detailed information concerning the companies’ New York staffing and scheduling policies and practices.

 

HTMLEEOC Issues Proposed Regulations on ADA Application to Employer Wellness Programs
Caroline J. Berdzik, Jennifer M. Mannion; Goldberg Segalla LLP;
Legal Alert/Article
April 29, 2015, previously published on April 17, 2015
On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued its highly anticipated proposed regulations amending how Title I of the Americans with Disabilities Act (ADA) applies to the increasingly popular employer wellness programs. The proposed rule is designed to provide...

 

HTMLNon-Union Employers Must Beware the NLRB
Sean P. Beiter, Caroline J. Berdzik; Goldberg Segalla LLP;
Legal Alert/Article
April 24, 2015, previously published on April 8, 2015
For close to 75 years, non-union employers have had little reason to fear, let alone think about, the National Labor Relations Board, except until a union initiated an attempt to organize its employees. However, as evidenced by the March 18, 2015 Report of the General Counsel Concerning Employer...

 

HTMLFirst Impressions Are Lasting: New Defense Available in Delaware for Auditors and Other Third Parties in Corporate Misconduct Claims
Seth L. Laver, Jonathan S. Ziss; Goldberg Segalla LLP;
Legal Alert/Article
April 17, 2015, previously published on March 2015
In a case of first impression before the Delaware Chancery Court, the defense of in pari delicto was applied in favor of an auditor to defeat claims brought by the receiver of several insolvent insurance entities. This decision sets important and favorable precedent for the defense of accounting...

 

HTMLNew York WC Carriers and TPAs, Beware: A New Debt-Collection Game Is in Town
Paul J. Kilminster; Goldberg Segalla LLP;
Legal Alert/Article
April 17, 2015, previously published on March 30, 2015
New York workers’ compensation insurance carriers and third-party administrators are learning the hard way that some New Jersey health care providers are taking “If at first you don’t succeed ¿ sue!” to a new level. Recently, a number of New York carriers and/or their...

 

HTMLNY Dept. of Financial Services Requests Detailed Cyber Security Reports From Insurers
John J. Jablonski, Sandra M. McDermott, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
Cyber security is clearly one of the highest priorities — if not the top concern — for regulators in 2015. Late last month, the New York Department of Financial Services (DFS) sent more than 160 licensed insurers a New York Insurance Law Section 308 Letter seeking a detailed report...

 

HTMLNew York Amends Controversial Provisions of Replacement Regulation
Sandra M. McDermott; Goldberg Segalla LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
After almost two decades, the New York Department of Financial Services (DFS) has approved amendments to New York Insurance Regulation 60, which will now permit insurance agents to immediately bind coverage where an existing life insurance policy or annuity contract is being replaced. The Third...

 

HTMLJudicial Call for More Guidance on Punitive Damages Awards
H. Lockwood Miller, Lisa M. Robinson; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on December 8, 2014
Earlier this year, in a bellwether trial in the Actos multidistrict litigation, a Louisiana federal court jury awarded $9 billion in punitive damages to plaintiffs who claimed that the use of the diabetes drug Actos caused bladder cancer. Not surprisingly, post-trial challenges followed. In...

 

HTMLKey NYCAL Asbestos Rulings Following $190 Million Verdict. What Does It Mean?
Paul S. Haberman, Andrew J. Scholz; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on February 17, 2015
On February 5, 2015, New York County Supreme Court Justice Joan A. Madden issued a post-trial decision involving an asbestos consolidated trial that resulted in a $190 million plaintiffs’ verdict for five mesothelioma plaintiffs.

 


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