LJN Newsletters

Potential liability for data breaches has emerged as a major concern for businesses in the past few years as massive cyber-attacks are increasing, with companies that use or store private customer data electronically or use social media as part of their marketing strategy being the prime targets.

There is a precarious relationship between a company's boasting and the potential impact on those to whom it crows. In the parlance of the law, communication of this type has come to be known as "puffery."

Who's going where; who's doing what.

Executing a powerful business development plan is a challenge every attorney faces. For attorneys at small firms and with solo practices, doing it without breaking the bank is one of the biggest hurdles to a thriving practice.

It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data. Armed with information, the informed attorney may well reap huge rewards when engaging in digital discovery.

The introduction of secondary or "take-home" exposure claims has extended asbestos litigation to a new generation of potential plaintiffs and has premises and manufacturing defendants reeling over the concept that duty of care may now extend to unknown persons who have never stepped foot on a worksite or used an asbestos-containing product.

In announcing its long-awaited decision in Tincher v. Omega Flex, 2014, the PA state supreme court ruled that Pennsylvania's 40-year-old case law should be reformulated. Unfortunately, the court's effort may not have succeeded in bringing clarity and a universally workable definition of product defect to the state.

Many retail and service employers try to simplify their payroll obligations by labeling certain employees as "commission" or "commission only." While federal law permits this practice in some circumstances, the rules are complicated and present many traps for the unwary. The bottom line is simple: Employers should approach this practice with caution and must be prepared to substantiate the applicability of the exemption to each employee.