It has been a long time since the 1991 Clarence Thomas Supreme Court confirmation hearings brought the issue of sexual harassment to the forefront of public consciousness. Hundreds of thousands of unlawful harassment claims later, most employers have policies in place announcing their opposition to harassment and providing employees with avenues to complain and seek redress.
Third Circuit Upholds FLSA Claims Against Successor Entity
By Thomas Paschos, Esq, of Thomas Paschos & Associates, P.C.
In Thompson v. Real Estate Mortgage Network, 2014 U.S. App. LEXIS 6150 (3d Cir. April 3, 2014), Patricia Thompson, a New Jersey resident, was hired as a mortgage underwriter by defendant Security Atlantic Mortgage Company ("Security Atlantic"). Shortly thereafter, however, she was assigned to a training class led by a representative for a different mortgage company, defendant Real Estate Mortgage Network ("REMN"). That employee "represented that REMN was a sister company of Security Atlantic." In February 2010, allegedly in response to an investigation being conducted by the U.S. Department of Housing and Urban Development ("HUD") into Security Atlantic's mortgage practices, , Thompson and many of her colleagues were asked by supervisors to fill out new job applications to work for REMN.
By Bruce H. Schwartz, Esq. and B. Tyler Philippi, Esq. at Jackson Lewis P.C.
Bitcoin and other virtual currencies must be treated as property for U.S. federal tax purposes, the Internal Revenue Service has determined in guidance released on March 25, 2014. IRS Notice 2014-21.
The IRS apparently relied on the premise that virtual currencies do not have legal tender status in any jurisdiction. Signaling that its position on the tax treatment of virtual currencies is not set, however, the IRS included in its guidance a request for public comments "regarding other types or aspects of virtual currency transactions that should be addressed in future guidance."
No Coverage Based Upon Consent And No Action Clauses In Policy After Insured Settles For Amount Greater Than Insurer's Consent At Mediation
By Joseph Monteleone, Esq. of Tressler LLP
These two clauses do not often come into issue in coverage litigation, but a Georgia federal court had little trouble in enforcing them to preclude coverage for a $4.9M settlement and a claim for coverage under an excess D&O policy. Piedmont Office Realty Trust, Inc. v. XL Specialty Ins. Co., 2014 U.S. Dist. LEXIS 42575 (N.D. Ga. March 28, 2014). [See here for a link to the decision]
6 Secrets to Sell More in Less Time
By Mark Hunter "The Sales Hunter"
Do you know there are 6 things top-performing salespeople do to sell more in less time?
The beautiful thing is anyone can do them. You don't need special skills, but rather the discipline to make it happen.