E&O Weekly Prevention
Strategies for the Professional Agent
August 7, 2014
Agents of America

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AOA News, Views, Tips & More

E&O Tip on E-Mails Could Play a Key Role in an E&O Claim


Have You Upgraded Your XP Yet?

By Melissa K. Ventrone, Esq. and Gregory Bautista. Esq. of Wilson Elser


Microsoft officially ended support for Windows XP in April 2014, but not everyone has made the decision to upgrade their operating systems. By choosing to stick with Windows XP, users may be leaving themselves vulnerable to security risks that would not be present if a different operating system were used. There are serious implications for businesses operating on the Windows XP platform, particularly when sensitive information, such as customers' credit card information, personal information or even company trade secrets, is being stored on these machines.

Blame It on the Bank? Defending Mortgage Lenders in Premises Liability Cases

By Joanna D. Buchanico, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.


Key Points:

  • In premises liability cases, when the subject property is in foreclosure, Pennsylvania courts have established that plaintiffs' right to recovery against mortgage lenders is limited, if not completely precluded.
  • There can be no duty for a lender to maintain a mortgaged property unless they actually control or possess the property.

It's Now Illegal to Discriminate Against the Unemployed in New Jersey

By Bennett Pine, Esq. of Anderson Kill P.C.


Joining New York City (see Employment Law Insider Alert, March 2013), Oregon and Washington, D.C., on July 1, 2014, New Jersey passed legislation to prohibit employment discrimination on the basis of a job applicant's unemployment status. This expands existing New Jersey law - the first law on the subject - that prohibits employers from creating job postings or job advertisements that are limited to currently employed persons only. New Jersey Governor Chris Christie signed the original law in 2011 and is expected to approve the new legislation.

Can an Employer Deduct Sleep Time From Hours Worked?

By Marc Zimet, Esq. of Jampol Zimet LLP

Security guard employees frequently raise issues before the courts. The job often requires long shifts, no breaks, and on-call hours. This can result in many questions for employers seeking to comply with employment laws. Currently pending before the California Supreme Court is the issue of whether security guards must be compensated for nighttime on-call hours, or if the employer may deduct sleep time.

Supervisor's Conduct Supported Same-Sex Harassment Claim, California Court Rules

By Mark S. Askanas, Esq. and Mitchell F. Boomer, Esq. of Jackson Lewis P.C.


Finding an intern had produced sufficient evidence for a reasonable jury to conclude his supervisor engaged in a pervasive pattern of harassing conduct "because of sex," including numerous gifts, frequent lunch purchases, along with sexual jokes and displays of pornographic computer images, the California Court of Appeal has allowed his harassment suit to proceed, reversing a lower court's summary judgment against the plaintiff. Lewis v. City of Benicia, No. A134078 (Cal. Ct. App. Mar. 26, 2014). The Court further found the trial court erred in excluding evidence of the alleged harassment in the intern's retaliation claim against the City of Benicia and ordered a retrial on the retaliation claim.

Letter From  the Publisher
"Protecting Your Reputation" it takes years to build but only one mistake to destroy. Now Available, E&O Exposures in the Sales Process ORDER NOW.
MONDAY MORNING, the weekly "mini-webinar" features industry leader and marketing guru George Nordhaus, this week George interviews, Alan Shulman of Agency Ideas to discuss his twelve survival suggestions for today's independent agent. To see this week's presentation click here.     


A review of the top stories on World Risk & Insurance News at WRIN.tv. Here is your opportunity to see the online video news stories you may have missed. Watch them now "Week in Review".


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Angelo J Gioia



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