DECEMBER 2009

Ryan Comments on 2010 Rates
The Pittsburgh Business Times recently turned to the CEOs of the largest law firms in Pittsburgh to discuss 2010 rates. Noted Eckert Seamans CEO Tim Ryan, “We’re looking at client and relationship-specific factors to drive decisions.” He added, “If we held rates for a couple of years or reduced them, our clients are attuned to the reality of the situation and are amenable to restore some of the cuts we voluntarily made. In some cases, if a client is still feeling the ramifications of the recession in their industry sector, we’ll hold rates to accommodate those needs.”
Pittsburgh Business Times, December 11, 2009

Miller Talks Mandatory H1N1 Vaccinations: Legal and Ethical Challenges for Employers
Best Practices in HR recently turned to Michael McAuliffe Miller for guidance on whether employers can legally require employees to have an H1N1 vaccination. Noted Miller, employers that decide to mandate vaccinations should adopt a written policy that is “thoroughly vetted not only for legal impact, but also for impact on public image.” He added, “It can be very, very unpopular to compel people to do this at the risk of losing their jobs.”
Best Practices in HR, December 5, 2009 

NOVEMBER 2009

Jacobs-Meadway Comments on Impact of New FTC Regs on Bloggers
Marketing News recently turned to Roberta Jacobs-Meadway for guidance on the FTC’s recent move to include blogger reviews in its endorsement and testimonial guidelines. She noted, “Pretty much, this is just applying to the Internet context what everyone else in TV or other advertising has been living with for years.… [Blogger reviews are] a form of advertising that companies are spending an increasing amount of money on. … If it’s a paid advertisement, then it should be treated like any other paid advertisement.”
Marketing News, November 30, 2009

Myers Talks Talent Development Programs
An international law firm's recently announced talent-development program for associates, which ties core competencies to advancement, is attracting some attention in legal circles. John Myers, chair of the firm’s Labor & Employment department told HR Executive Online, "Terms like 'core competencies' make the hearts of human resource professionals go pitter patter, but unless this program actually accelerates the opportunities for associates to take on increased responsibilities apart from legal research and third-chairing the defense of depositions, it is not going to breed a new generation of skilled lawyers."
HR Executive Online, November 25, 2009

Jacobs-Meadway Talks about the Possible “Free Credit Report” Rule
Over 11,000 consumers have complained to the Better Business Bureau that they were charged for credit monitoring after they requested a “free credit report” through FreeCreditReport.com. The FTC is considering the introduction of new rules that would mandate that such websites that charge a fee for credits reports communicate that people can indeed get a free credit report at AnnualCreditReport.com. Noted Roberta Jacobs-Meadway, “Remedies for deceptive marketing practices provided under statute should be limited by Constitutional considerations and equitable principles. Neither is offended by requiring marketers of credit reports to disclose the costs of their products and the availability of the free credit reports at AnnualCreditReport.com.”
Financial Fraud Law, November 24, 2009

Miller Discusses the Legal Ramifications of Fake Job Reference Services
New web-based services that offer fake work histories and references to job seekers further complicate the challenges employers face in identifying and hiring honest, qualified employees. Michael McAuliffe Miller told SHRM Online that providing disclaimers for these services doesn’t necessarily make it legal—no matter what some people want you to believe. “Merely including some lukewarm disclaimer that persons use these sites at their own risk or that the ‘doctor’s notes’ provided by the sites are for ‘novelty purposes’ is little protection. And it doesn’t hold up well when the rest of the site demonstrates that its promoters are well aware of the fact that they are providing information that they know to be completely incorrect and that they know potential employers will rely upon in making hiring decisions.”
SHRM Online, November 23, 2009

Kearns Comments on Regulatory Roadblocks
The collapse of the Utz Quality Foods deal to be acquired by Snyder's of Hanover, even in the midst of an improving mergers and acquisitions market, raises questions about whether an increased regulatory climate could stall the comeback of corporate unions. Jack Kearns represented Snyder's in the deal, and said it is "really impossible to tell" whether the regulatory issues on this deal would have been any better or worse a few years ago or a few months from now. But he said the deal collapsed because of a problem involving government regulation.
The Legal Intelligencer, November 16, 2009

Bach on Specialized Business Courts
More than 15 states now have implemented, or are currently considering, some type of specialized court dedicated to resolving business cases or cases involving complex litigation. Mitchell Bach discussed Philadelphia’s commercial court with ABA Litigation News, telling them that “the benefits were immediate and obvious.” He also noted that “When judges do not hear cases from beginning to end, lawyers end up having to re-educate judges every time they go to court. That just doesn’t work in a complicated commercial case.”
ABA Litigation News, November 16, 2009

Quinn Comments on Discriminatory Hiring Practices
A restaurant chain with a long-standing policy of hiring only women as servers has discovered that the policy was an expensive tradition. Lawry’s Restaurants recently agreed to pay approximately $500,000 to male employees and applicants whom the company failed to promote or hire. Noted John Quinn, “This case demonstrates that in these times it is very problematic for an employer to favor hiring one gender over another. I believe the weak economy could be driving this and that more discrimination claims like this one will be more common as people look to move from temporary and part-time into full-time positions.”
SHRM Online, November 12, 2009

Feinstein Discusses Firm’s Charitable Efforts Amidst the Economic Recession
"Everybody is evaluating how they dole out money for charity with the challenge of the economy," noted Wendy West Feinstein, to the Pittsburgh Post-Gazette. She explained the motivations behind the firm’s recent charity challenge initiative, noting that instead of making a flat contribution from the firm, an interoffice competition "spurred people to get out there and hold activities like bake sales, poker games, cookbook sales and auctions. We'll continue it and each year pick a different charity."
Pittsburgh Post-Gazette, November 8, 2009

Ryan Discusses Firm’s Growth Spurt
On the heels of the firm’s recent expansion of its utilities regulation practice and opening of a Richmond, Virginia office, CEO Tim Ryan discussed the current environment in the legal marketplace with Pop City Pittsburgh. He explained that many firms are outgrowing their partners, and as a result, imposing substantial rate increases. "That's where we come in, he said. “It's not that we can see around corners, but we implemented innovative measures three years ago that have allowed us to keep our rates in a far more reasonable zone for clients in these trying economic times. Our work has increased dramatically as a result of it."
Pop City Pittsburgh, November 4, 2009 

OCTOBER 2009

Ryan and Kirsner Discuss Firm Expansion in The Legal Intelligencer
The Legal Intelligencer recently talked to Tim Ryan and Matt Kirsner about the expansion of the firm’s utilities regulation practice and opening of a Richmond, Virginia office. Noted Ryan, there's "a lot of action in regulatory practices right now. Just looking at what's going on in the legal scene right now, energy and telecom are two of the hottest areas," he said. "They're not only recession-proof, but they've been growing throughout and we believe will only grow stronger when the economy turns." Added Kirsner, regarding his decision to join the firm, "To a T, every single client or matter that I was working that I needed and hoped would come is here. That's the most I could hope for."
The Legal Intelligencer, October 30, 2009

Zdebski Talks about Joining Eckert Seamans
Charlie Zdebski recently joined the firm as Co-chair of the utilities regulation practice. “We were looking for really good culture with great lawyers and really good people,” Zdebski said. “Eckert had that, and on top of that they provide us the opportunity to take the litigation we do for telecom and utilities clients to an efficient firm with great resources, so we can offer continued great service at lower rates.”
Energy Law 360, October 29, 2009

Law 360 Q&A with Bob Graci
Law 360 recently interviewed Bob Graci about his appellate practice. Among other subjects, they asked about his advice for younger lawyers. Graci noted, “Work hard to develop a reputation as an appellate lawyer. Hone your research and writing skills, because, though I believe that oral argument is the most fun part of appellate advocacy, most cases are decided on the briefs. You have to know how to write a short, cogent, persuasive brief. Go and watch arguments in the appellate courts and see what appellate practice is really about. The young practitioner will quickly come to realize that appellate advocacy is vastly different from whatever he or she did during moot court in law school.”
Law 360, October 28, 2009

Myers Talks H1N1 Virus Workplace Concerns
Better safe than sorry is the rule of thumb for employers gearing up for the anticipated swine flu pandemic of 2009-2010 winter season; from installing hand sanitizers to forcing sick workers to go home, various precautions are being weighed by employers to prevent the spread of the dreaded H1N1(swine influenza) virus. John Myers noted that requiring swine flu vaccinations would be a "gross overreaction," unless you are a hospital or nursing type of facility. He also mentioned that "a lot of this discussion could change if the infection rate becomes greater, if it turns out more deadly."
HR Executive Online, October 27, 2009

Ryan Discusses Recent Acquisitions
Tim Ryan talked to the Pittsburgh Business Times about the addition of four lawyers from Troutman Sanders LLP and the opening of the firm’s 11th office. “Our plans for Richmond are to start modestly and grow the office slowly and strategically as opportunities present themselves. We think it’s a wonderful market for us,” said Ryan.
Pittsburgh Business Times, October 27, 2009

Jacobs-Meadway Comments on Impact of New FTC Regs on Bloggers
The Federal Trade Commission has recently issued guidelines governing testimonials and endorsements — and for the first time, included guidance that covers bloggers and other online social media platforms. Noted Roberta Jacobs-Meadway, “Advertisers must now be more explicit in all forms of advertising — not just online — and make clear what results would be generally expected with the product’s use and be able to substantiate those claims.”
Lawyers USA (with distribution to the Wisconsin Legal Journal, North Carolina Lawyers Weekly and the Daily Record), October 26, 2009

Miller Comments on Ruling Which Could Spur Hiring Bias Against Obese Workers
A recent Indiana state court’s ruling that would require a small business to pay for weight-loss surgery could make employers more cautious when hiring obese people. Said Michael McAuliffe Miller, “The recent workers’ compensation rulings, meanwhile, could lead companies to narrowly define a person’s job so that employers are not held accountable for a workplace injury that falls outside their job role”. Added Miller, “To avoid the outcome of the Indiana case, employers have to make sure that the people they hire are physically able to do the job.”
Workforce Management, October 19, 2009

Law 360 Q&A with Stephen Foxman
Law 360 recently interviewed Steve Foxman about his corporate practice. Among other subjects, they asked about where he sees his practice area evolving in the next five years. Foxman noted, “I anticipate that the expansion of international cross-border business activity will continue, notwithstanding the recent economic global downturn. I expect that the accessibility to customers across the world through the Internet will increase the demand for products produced and services and resources available in other countries, and also lead to further development and use of Internet web sites and e-commerce platforms by multinational sellers of products and services.”
Law 360, October 13, 2009

SEPTEMBER 2009

Ryan Talks Recession with The Legal Intelligencer
Eckert Seamans was among several firms that noted their size has been a contributing factor to helping them avoid the bulk of the trends (such as mass layoffs, salary cuts, deferrals or cancelling summer programs) stemming from the recession. CEO Tim Ryan pointed out that a lack of debt and international offices has helped the firm stay financially sound during the economic downturn. He said, “Our overhead was leaner going into this problem so there wasn’t a need or an opportunity to do a lot with it.”
The Legal Intelligencer, September 25, 2009

AUGUST 2009

Botta on EFCA Resolution
“There's a need for compromise,” said Frank Botta of the Employee Free Choice Act. “As time passes, without strong influence and voices like those of Kennedy and Byrd, you wonder if that piece of legislation will carry what the union leaders had initially hoped.” Botta also suggested the rumored Senate compromise - which could nix card check and allow for quicker election process after a union petition has been filed - could possibly pass political muster. But if the binding arbitration provision remains intact, businesses would likely remain unwilling to support any form of an EFCA compromise.
Law 360, August 31, 2009

Ryan on Summer Associate Program
Several law firms have announced cuts to their summer associate programs this year as they scramble to cope with reduced demand for their services. But at Eckert Seamans, the decision to do away with a summer program was made about five years ago and associates are now hired laterally from other firms. Said CEO Tim Ryan of the change, ““Simply stated, we can’t afford to pay $130,000 or $140,000 for a first-year associate. Our clients just can’t pay the freight, or they won’t pay the freight." Ryan added that the new recruiting method is producing “fabulous” results. “We have very low turnover and very low difficulty finding the talent that we need,” he said.
ABA Journal, August 21, 2009

Linn Comments on Controversial Microsoft Case
Janet Linn commented on a recent case in Texas in which the Microsoft Corporation was ordered to stop selling Word for infringing on a patent held by a Toronto-based company, i4i. A re-examination of the original i4i patent is already in process at the USPTO, and a preliminary finding has been made, noted Linn, "It is not final, but the agency has provisionally rejected the patent claims."
E-Commerce Times, August 12 & 14, 2009

American Medical News Turns to Hoffman for Comment on Liability Issue Peter Hoffman commented on a recent Arizona case involving a physician performing an independent medical examination on behalf of an insurance carrier. Doctors are typically not
expected to establish a traditional patient-doctor relationship with the examinee in these instances. "With an independent exam,” noted Peter Hoffman, “it's not being done for your benefit. It's being done for someone else," so there typically would not be a legal duty to the patient.
American Medical News, August 10, 2009

Firm’s Client Entertainment Initiatives Applauded in the Pittsburgh Business Times
Eckert Seamans’ client events were noted in a recent Pittsburgh Business Times article about subtle marketing techniques used at client appreciation events. “We try not to talk business,” said CEO Tim Ryan. “We want them to come without worry of getting hustled. It’s an evening out. But they call us to thank us, all those good things.”
Pittsburgh Business Times, August 7, 2009

Hoffman Talks Debt Settlement Services Regulation to PA Law Weekly
Robert Hoffman recently successfully represented a group of DSS providers – companies that negotiate with creditors to reduce the amount debtors owe – seeking a preliminary injunction against the Pennsylvania Management Services Act of 2008. “It’s one of those cases where it was legislation that was based on ignorance and misinformation,” said Hoffman. “It’s as bad as it gets. And I think that’s what underlies the Commonwealth Court’s opinion. They saw it exactly that way,” he added.
PA Law Weekly, August 3, 2009

Yenerall on Pennsylvania’s Mini-COBRA
“This legislation was necessary because small employers were not subject to the federal COBRA guidelines and their employees who experienced a qualifying event, such as the loss of employment, the loss of dependent status, divorce, etc., were not covered,” said Paul Yenerall. He added, “These employees will now be able to continue their coverage for nine months at the group rate. In today’s economy with unemployment at record levels, that is very important.”
ACBA Lawyer’s Journal, August 2009

JULY 2009

Jacobs-Meadway Provides FCC Guidance for Bloggers
The editors of the Kids Nutrition Report recently discussed a new marketing target for food and beverage companies – so called “mommy bloggers,” who can influence the purchasing decisions of thousands of other mothers who trust them more than they trust any institution. Companies need to tread carefully to avoid potential pitfalls, especially if they don’t want to run afoul of the FCC. Noted Roberta Jacobs-Meadway, “If you’ve encouraged, incentivized, cooperated with or somehow compensated a blogger, you’ll need to make sure what they say is truthful and make sure there is disclosure of the nature of the compensation.”
Kids Nutrition Report, July/August 2009

Quinn Provides Layoff Advice
John Quinn recently spoke to Best Practices in HR magazine about missteps companies often make when laying off large groups of people. Noted Quinn, “The key is preparation, consistency, and being able to explain what you’re doing. You have to know the totality of the facts, because a jury is going to ask you, ‘What did you do, why did you do it, and were you fair?’”
Human Resource Executive Online, July 13, 2009

Myers Comments on Firm’s Win for P&G
John Myers recently represented Procter & Gamble in a recent case in which the U.S. 3rd Circuit Court of Appeals found that employees bringing harassment charges against a company cannot rely on evidence that someone above them was aware or even informed of the alleged abuse, but must instead show that they notified a manager or HR practitioner with the authority to do something about it. Noted Myers, "The real benefit to the HR leader is if his or her company has a policy that sexual harassment must be reported to a manager or to HR, the company can now feel much more comfortable that the courts will honor that if charges are brought."
Human Resource Executive Online, July 13, 2009

Schildhorn Comments on the Philadelphia Newspapers L.L.C Bankruptcy Case
The firm’s role in the Philadelphia Newspapers LLC bankruptcy case was mentioned again in recent articles in the Philadelphia media. U.S. Bankruptcy Judge Jean K. FitzSimon’s April ruling was recently overturned by the U.S District Court for the newspaper to hire it’s law firm, Elliott Greenleaf & Siedzikowski, to handle the investigation of an alleged unauthorized recording of a November meeting between company officials and other lenders. Noted Gary Schildhorn of the day’s proceedings, "It appears that no investigation except for one conducted by Elliott Greenleaf will satisfy the debtor.”
Philadelphia Inquirer & Philadelphia Daily News, July 1, 2009 and the Philadelphia Inquirer, July 22, 2009

JUNE 2009

John Myers Quoted on Title VII Case
Recently, Labor Law 360 and Human Resource Executive examined the closely-watched reverse discrimination case, Ricci v.DeStephano, which was recently ruled on by the Supreme Court. The Court found that city officials in New Haven, Connecticut violated Title VII of the Civil Rights Act of 1964 by discarding a promotion test after only white and Hispanic firefighters did well on it. Regarding the case, John Myers said to Human Resources Executive, "I think most people had always thought, as did the defendants in this case, that so long as there was a good faith belief that you were correcting a manifest imbalance in an act, in a test result, for example, that it was OK to do that, but it's not. If you have a valid test, you don't change the result after the fact, even if that result produces a disparate impact."
Human Resources Executive, June 30, 2009 and Labor Law 360, May 2009

Jacobs-Meadway Quoted on the IP Battles to Ensue Following Michael Jackson’s Death
The death of pop icon and music legend Michael Jackson is almost certain to prompt years of legal wrangling over his intellectual property assets, experts said, including control of the rights to his own songs and the large back catalog of music he owns by artists including The Beatles, as well as the legal rights to his likeness. Roberta Jacobs-Meadway recently spoke with Law 360 and the National Law Journal about what can be anticipated over the coming months and years: "I think you're going to see some interesting litigation involving how people are going to use his name, image and music. With an estate that is facing a lot of debt, there's going to be an incentive to take action, just as there's going to be a commercial incentive on the part of the people who want to either pay tribute, show their devotion or make a buck."
Law 360, June 24, 2009 and The National Law Journal, June 26, 2009

McGinley Reflects on the Closing of St. Francis Medical Center
Recently, a Common Pleas judge formally terminated the receivership for firm client St. Francis Medical Center, writing that "all outstanding claims ... along with any right to repayment said creditors may have, is hereby terminated and forever disallowed." With that, St. Francis Medical Center officially was no more. Still, it took longer -- by one month -- to close the books on St. Francis than it did to buy the land, plan and build a new Children's Hospital and then move that operation to the same plot of Lawrenceville property where St. Francis once stood. "In an estate this size, I don't think it's unusual," said Jack McGinley, who has overseen the various legal matters for the St. Francis closing. At the same time, he allowed, "It is interesting that we're closing this up as the new Children's opens."
Pittsburgh Post-Gazette, June 24, 2009

Miller Comments on Madoff Case
Without fanfare or announcement, on June 16, the SEC permanently barred disgraced Wall Street veteran Bernard Madoff from participating in the securities industry. Noted Gary Miller, who is who is counseling clients on issues arising from Madoff's fraud, called the SEC sanction a “no brainer.” However, “I'm not sure why the SEC would be doing it so quietly. There are no surprises here.”
BNA Securities Law Daily, June 18, 2009

Schildhorn Comments on the Philadelphia Newspapers L.L.C Bankruptcy Case
The firm’s role in the Philadelphia Newspapers LLC bankruptcy case was mentioned again in recent articles in the Philadelphia media. U.S. Bankruptcy Judge Jean K. FitzSimon ruled that the firm should investigate an alleged unauthorized recording of a November meeting between company officials and other lenders. Noted Gary Schildhorn, that investigation is "ongoing and it is vigorous."
Philadelphia Inquirer, June 8 & 10, 2009 and Philadelphia Daily News, June 11, 2009

Hoffman Discusses the Pitfalls of Using Electronic Medical Records
A recent Harvard study suggests that malpractice risks are lowered by using electronic medical records (EMRs). Peter Hoffman outlined his skepticism and concerns about the study in the June issue of Healthcare Risk Management magazine, mentioning that there are many potential benefits with EMRs, but warned against the tendency to focus only on those and not also consider the downsides. For instance, Hoffman points out that a written note can provide the clinician more flexibility and the ability to write lengthier comments. “So, instead of getting more specific, you get more general, with drop-downs on the screen. That can be a good thing or a bad thing, depending on how carefully the health care worker uses them,” said Hoffman.
Healthcare Risk Management, June 2009

Jacobs-Meadway Comments on FTC Endorsement Regulations
Roberta Jacobs-Meadway recently discussed with EContent Magazine the Federal Trade Commission's proposed rule changes concerning advertising endorsements and testimonials, which would bring blogs and postings on social media sites like Facebook and MySpace under the same regulatory regime as more traditional forms of advertising. She noted, “What the new guidelines are saying is that you have to obey the same basic principles of disclosure when you are in a social networking situation and when you are using newer media to plug the product.”
EContent Magazine, June 2009

MAY 2009

Gary Miller Comments on an SEC Proposal
The SEC recently approved a proposal that would give shareholders who meet stock ownership thresholds the power to nominate a limited number of directors in corporate board elections. The proposal is shaping up as a showdown between those who want to give investors more say in electing boards and those who fear the one-size-fits-all initiative would hamstring Corporate America. "There will probably be a lot more willingness to accept something like this," noted Gary Miller.
Pittsburgh Post-Gazette, May 31, 2009

Higgins Talks Patents with BioWorld Financial Report
In a recent article examining the use of patents in the biotechnology industry, Patrick Higgins told BioWorld Financial Watch that patents encourage innovation by functioning as a “reward to the inventor for teaching everybody how to use this new invention.”
BioWorld Financial Watch, May 25, 2009

Ryan Comments on Firm’s First-Year Associate Hiring Practices
The Pittsburgh Post-Gazette recently interviewed several prominent CEOs of locally-based law firms about their first-year associate hiring practices and plans for the graduating law school Class of 2009. Tim Ryan said "It's a very expensive undertaking, and we saw how much it was costing us. We recognized our model could not support the starting salary rates because summer leads to the first-year program. Our clients would not or could not pay the first-year salary rates. So we suspended it. It turned out to be the right play. We are filling all our hiring needs since then through lateral hires." And in the first installment of a weekly series examining the lasting effects of the economy on the legal industry, The Legal Intelligencer also talked with Tim Ryan about the firm’s decision to cut out the summer program and abandon the notion of hiring first-year associates. Noted Ryan, "What would happen if everyone adopts this model is an economic rationality will return and the law students' expectations will be more aligned with [their] contributions."
Pittsburgh Post-Gazette, May 3, 2009 and The Legal Intelligencer, May 12, 2009


APRIL 2009

Jacobs-Meadway Quoted in Advertising Age on Social Media and Viral Marketing
Roberta Jacobs-Meadway was recently quoted in Ad Age magazine about the proposed plan of the Federal Trade Commission to start regulating viral marketing and blogs. She noted, "the FTC is ... putting out guidelines to make it clear to people who are involved in social media and viral marketing that the same rules apply in this context as they do in the more formal context of paid advertising and infomercials."
Advertising Age, April 13, 2009

National Law Journal Turns to Roberta Jacobs-Meadway for Advice on Proposed FTC Regulation Changes
Philadelphia’s Roberta Jacobs-Meadway was recently interviewed by the National Law Journal about the Federal Trade Commission's proposed rule changes concerning advertising endorsements and testimonials, which would bring blogs and postings on social media sites like Facebook and MySpace under the same regulatory regime as more traditional forms of advertising. Noted Jacobs-Meadway, “What it really does is confirm that the new forms of advertising are subject to the same general principals that advertising in other media have been subject to [concerning] endorsements and testimonials. The notion is that if you're going to have a paid endorser, it has to be labeled as such. If you're going to be relying on testimonials from customers, it has to be a legitimate customer. If you're going to have customers talking about results, it has to be an honest representation of the kinds of results the person who is listing [the information] can be expected to have. It's a combination of truth in advertising and full disclosure [doctrines] under the FTC rules.”
National Law Journal, April 10, 2009

Cover Story: Ryan Featured in Smart Business magazine
The cover of the April 2009 issue of Smart Business magazine featured CEO Tim Ryan, in an article titled “Law of the land: How Timothy Ryan reduces turnover at Eckert Seamans by focusing on honesty and transparency.” In the opening paragraphs of the interview, Ryan quickly established the importance of balance in the firm’s success, stating “It is a culture where profits are not king, where lifestyle matters, where compassion and family orientation is very much a part of our business.” In addition, the article mentioned Ryan’s hands-on approach, noting “I continue to spend a tremendous amount of time talking with the people within the offices — staff and lawyers within the practice groups, within the divisions — understanding if the leadership there is effective. If it isn’t, we either fix it or make a change.”
Smart Business, April 2009

Myers Quoted on Avoiding Litigation Following Employee Terminations
Labor & Employment Law Department chairman John Myers offered advice in a recent article about employee layoffs. “Discharged employees often go to lawyers because something in the circumstances of their termination made them angry or seemed unfair. Treat the departing employees with dignity. I also counsel to give employees complete explanations as to why
you are terminating, as opposed to staying vague and elusive. Hopefully they will then understand why you are doing it, and that reduces the likelihood of going to court.”
AQUA: The Business Magazine for Spa & Pool Professionals, April 2009

Botta Talks About Issues Surrounding the Legal Distinction between Employees and Independent Contractors
Frank Botta was recently quoted in Truckers News on issues surrounding the classification of employees and independent contractors in the transportation industry. He warns that should pending federal legislation pass, the IRS reporting requirements would place further financial strain on many transportation companies. “If you look at the [Tax Responsibility …Act], it has in there certain provisions that weren’t in the previous [ICPC] bill — procedures that the IRS will require of all companies regarding the status of workers and penalties for not complying with information reporting requirements,” he says. “There will be higher reporting requirements that will raise costs and will expose more companies to IRS review.”
Truckers News, April 2009

Sahr Quoted in Air Cargo World
Aviation Group chair Evelyn Sahr was recently quoted in an article titled “Invest Sooner or Die Later,” which discussed the pressures faced by cargo airlines to enhance efficiency, reduce risk and get a better handle on business performance by expanding their information technology systems despite harsh market conditions. Evelyn summed up one international clients outlook this way: “Those types of expenditures must be made. There are a lot of IT requirements not only with respect to customers but also the government in terms of transmitting information to Customs and others, and we have to stay on top of that.”
Air Cargo World, April 2009

Myers Comments on the Lilly Ledbetter Fair Pay Act
On January 29, President Barack Obama signed into law an equal pay bill that extends the statute of limitations for filing a discrimination claim against an employer. IndustryWeek turned to John Myers for an exclusive interview in which he provided clarification on what the law means and how employers can protect themselves from future claims. Noted Myers, “Because this act is centered on workplace litigation once allegations have been made, the act itself does not lend itself to proactive preventative practices, despite a lot of law firms running around claiming that employers should start doing audits of their pay practices. There is no realistic way to audit to discover the kinds of claims that LLFPA revitalizes. Even if you would unearth potential issues, in the absence of litigation initiated by an employee or former employee, the LLFPA does not apply. There is no reason then to address a past event that might never be the subject of a lawsuit.”
IndustryWeek, April 2009