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Study The Events That Impact You And Then Act

By Joseph L. Petrelli, President and co-founder, Demotech, Inc.

"We speculate as to what is in store for us. But we not only undergo events, we in part cause them or at least influence their course. We have not only to study them but to act."  This is one of many excellent lessons that can be learned from Emily Greene Balch, an economist and sociologist who won the Nobel Peace Prize in 1946.

Time's Up: Limitations Period Began Running on Claim Once Insured Learned His Policy Had Expired

By Donald A. O'Brien, Esq of Hinshaw & Culbertson LLP

McMorris v. Tally,No.2013-IA-01063-SCT (Miss. Sup. Ct. May 14, 2015)

Terrorism: Criminals Choose the Hack Attack

By Scott Sweeney, Esq. and Ian A. Stewart. Esq. of Wilson Elser et al

In what appears to be yet another brazen demonstration of capability following an earlier hijack of government social media sites, a group calling itself the Syrian Electronic Army (SEA) recently hacked into the U.S. Army's main news and public information website, positing its own message for website visitors: "Your commanders admit they are training the people they have sent you to die fighting." In response, the Army was forced to shut down the site to implement additional security measures to protect its systems.

Courts Restrict Ability of Customers and Employees to Sue Companies Following a Data Breach, But Risks of Other Liabilities Remain

By Damon W. Silver, Esq. of Jackson Lewis P.C.

Among the multitude of unpleasant issues facing a company whose network has been breached is potential liability to customers and employees whose personal information has been compromised.  However, recent district court decisions from around the country continue to limit the opportunity of those customers and employees to have their day in court.  Specifically, these cases have held that, in order for a customer or employee whose data has been stolen to gain standing to sue the company that experienced the breach, the customer or employee must show that the stolen data was, in fact, used to the customer or employee's financial detriment.  And such financial detriment must be "concrete."  Increased risk of future harm does not suffice, damages are not recoverable for "mitigation" measures - such as the purchase of credit monitoring services - taken to protect against speculative future harm, and an individual's allegations that he fears such future harm will generally not be enough to establish a claim for emotional distress.

Same-Sex Marriage: A Practical Guide for Employers

By Dove A. E. Burns, Esq., Caroline J. Berdzik, Esq. and Stacey L. Pitcher, Esq of Goldberg Segalla

Now that the U.S. Supreme Court has issued its highly anticipated ruling that states must legally recognize same-sex marriages, what specific impacts will it have on the employment relationship and employee benefits?

In its June 26 decision in Obergefell v. Hodges, the Supreme Court held that the Fourteenth Amendment requires states to license marriages between two people of the same sex and to recognize marriages between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.

New York City Enacts 'Ban the Box' Law - Barring Early Criminal Checks on Job Applicants

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

Joining a growing trend, on June 29, 2015, New York City Mayor Bill de Blasio signed the Fair Chance Act, a species of so-called "ban the box" laws, which bars New York City employers from asking job applicants about their criminal history at the early stages of the employment process. Removing such questions (e.g., "Have you ever been convicted of a crime?") at the job application or initial job interview stage is part of a growing national movement to ban the box regarding criminal conviction inquiries.

Department Of Labor Proposes To Expand Overtime Coverage

By Philip R. Voluck, Esq., Keith J. Gutstein, Esq. & Jessica Tischler, Esq. of Kaufman Dolowich & Voluck, LLP

Acting at the behest of President Obama's March 13, 2014 Presidential Memoranda, the U.S. Department of Labor (DOL) recently released a proposed rule which, if adopted, could expand federal overtime coverage to approximately 4.6 million more workers in its first year. That the current minimum salary for an overtime exemption under federal law has not changed in eleven years and falls below the poverty line for a family of four was certainly a motivating factor behind this proposed rule.

Transgender Employee Protections Under Title VII vs. Employer's Religious Freedoms

By Marc Zimet, Esq. of Jampol Zimet, LLP

Important issues in employment continue to arise and evolve at a dizzying pace. One such issue currently being litigated in a Michigan federal court is a battle between a prohibition against discrimination based upon class (transgender persons) under Title VII of the Civil Rights Act of 1964 and an employer's religious freedom under the First Amendment to the Constitution.