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Business & Employment Law

Court Grants Motion to Dismiss in Qui Tam Action Alleging False Claims in the Form of Federal Grant Applications

In United States of America, ex rel. v. CASA de Maryland, No. CV PX-16-0475, 2018 WL 1183659 (D. Md. Mar 6, 2018), the United States District Court for the District of Maryland was asked to decide ...
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Amendments to Data Breach Notification Statute in Maryland Take Effect January 1, 2018

Amendments to the Maryland Personal Information Protection Act took effect January 1, 2018. The amendments primarily expand the definition of what constitutes “personal information” and ...
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Court Grants Summary Judgment to Association That Did Not Sue Its Former Law Firm Pursuant to a Prior Settlement Agreement

In Hanrahan v. Wyndham Condominium Association, Inc. , Case No. 13-C-16-109204, a case defended by Hyatt & Weber attorneys Stephen Stern and Amitis Darabnia, the Circuit Court of Maryland for ...
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Sixth Circuit Holds Title VII Prohibits Transgender or Transitional Status Discrimination

In E.E.O.C. v. R.G. & G.R. Harris Funeral Homes, Inc. , -- F.3d --, No. 16-2424, 2018 WL 1177669 (6th Cir. Mar. 7, 2018), the United States Court of Appeals for the Sixth Circuit held that ...
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Second Circuit Reverses Precedent and Holds Title VII Prohibits Discrimination on the Basis of Sexual Orientation

In a precedent setting case, the United States Court of Appeals for the Second Circuit reversed course in an en banc decision and held in Zarda v. Altitude Express, Inc. , 883 F.3d 100 (2d Cir. 2018), ...
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Maryland Enacts Paid Sick Leave Law

The Maryland Healthy Working Families Act took effect February 11, 2018. Pursuant to the Act, Maryland employers with 15 or more employees must provide employees with paid leave called “earned ...
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Supreme Court Gives Clarity as to Who is a Whistleblower Under The Anti-Retaliation Provision of the Dodd-Frank Act

In Digital Realty Trust, Inc. v. Somers, 138 S. Ct. 767 (2018), the United States Supreme Court was asked to decide whether the anti-retaliation provision of the Dodd-Frank Wall Street Reform and ...
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Supreme Court Rules on Timeliness of State Law Claims When Dismissed From Federal Court and Refiled in State Court

In Artis v. District of Columbia, 138 S. Ct. 594 (2018), the United States Supreme Court held in a five to four decision that the statute of limitations for a state law claim is tolled while it is ...
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Court Finds Board of Directors Not Entitled to Benefit of Business Judgment Rule

In Brining v. Donavan, Civil Action No. 16-3422-BLS1, 2017 WL 4542947 (Sup. Ct. Mass. Sept. 14, 2017), a court denied a motion to dismiss filed by a corporation and, thus, denied its board of ...
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Court Holds Insurance Policy Applies to Merged Company

In BCB Bancorp, Inc. v. Progressive Casualty Insurance Co. , Civil Action No. 13-1261, 2017 WL 4155235 (D.N.J. Sept. 18, 2017), a federal district court analyzed the interplay of a directors and ...
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Court Finds Non-Compete Provision Unenforceable Based on Wage/Hour Violations

In SpaceAge Consulting Corp. v. Vizconde, No. L-1196-14, 2017 WL 4183281 (Sup. Ct. App. Div. N.J. Sept. 22, 2017), a New Jersey appellate court concluded that the non-compete provision of the contract ...
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Extended Leave of Absence Found Not a Reasonable Accommodation Under the ADA

Many employers have offered some form of extended leave to an employee as a reasonable accommodation under the Americans with Disabilities Act (“ADA”) when that employee’s leave ...
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Employees Paid Hundreds of Thousands of Dollars Annually Eligible for Overtime Compensation under FLSA

In Pierce v. Wyndham Vacation Resorts, Inc. , No. 3:13-CV-641-CCS, 2017 WL 4480199 (E.D. Tenn. Oct. 6, 2017) the United States District Court for the Eastern District of Tennessee was asked to ...
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Circuit Split Over Standing in Data Breach Litigation Continues

With cyberattacks on the rise, so is data breach litigation initiated by plaintiffs who claim that they have been harmed by the exposure of their personal information. As a result, more and more ...
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Risk of Identity Theft from Cyberattack Constitutes Sufficient Injury to Sustain Lawsuit

With cyberattacks seemingly happening with greater frequency, the risk of identity theft for many individuals has grown significantly. However, is the risk of identity theft (as opposed to actually ...
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Two Courts Recognize Causes of Action under State Law When an Employee is Terminated from Employment for Medicinal Use of Marijuana

With many states now authorizing individuals to use marijuana for medicinal purposes, companies are confronting situations where they must decide whether to continue employing individuals who have ...
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Fourth Circuit Analyzes What Constitutes an Equivalent Position for FMLA Purposes

In Waag v. Sotera Def. Sols., Inc. , 857 F.3d 179 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit ruled an employee who takes leave under the Family Medical Leave Act ...
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Court Finds LinkedIn Posts Likely Violated Non-Solicitation Provisions of Employment Agreement

Many court decisions have found that communications on social media did not constitute improper solicitations, but the United States District Court for the District of Minnesota recently found in ...
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Court Invalidates Proposed Rule Raising Salary Level of Exempt Employees under FLSA

In Nevada v. United States Department of Labor, 227 F. Supp. 3d 696 (E.D. Tex. 2017), the United States District Court for the Eastern District of Texas ruled the final rule issued by the United ...
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Court Finds Invitation to Connect on LinkedIn Did Not Violate Non-Solicitation Agreement

The use of social media as a networking platform continues to be an evolving area of law as it relates to compliance with non-compete and non-solicitation agreements. In Bankers Life and Casualty ...
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When is a Facebook Friend a "Friend" Versus an "Acquaintance"?

In Law Offices of Herssein and Herssein, P.A. v. United Services Automobile Association, No. 3D17-1421, 2017 WL 3611661 (Fla, Dist. Ct. App. Aug. 23, 2017), the Third District Court of Appeal for the ...
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There is No Standing to Sue for Technical Violations of the Fair Credit Reporting Act

In Dreher v. Experian Information Solutions, Inc. , 856 F.3d 337 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit was asked to decide whether the decision of Experian ...
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Can Rescinded Notice of Termination Constitute Adverse Employment Action Giving Rise to an Employment Discrimination Claim?

In Shultz v. Congregation Shearith Israel of the City of New York, -- F.3d --, No. 16-3140-cv, 2017 WL 3427130 (2d Cir. Aug. 10, 2017), the United States Court of Appeals for the Second Circuit held ...
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Website Inaccessible to Visually Impaired Violated the Americans with Disabilities Act

In Gil v. Winn-Dixie Stores, Inc. , Civil Action No. 16-23030-Civ-Scola, (S.D. Fla. June 13, 2017), the United States District Court for the Southern District of Florida ruled after a bench trial that ...
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Appellate Court Upholds Vulgar Facebook Post as Protected Concerted Activity

In National Labor Relations Board v. Pier Sixty, LLC, 855 F.3d 115 (2d Cir. 2017), the United States Court of Appeals for the Second Circuit upheld a decision by the National Labor Relations Board ...
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