In a unanimous ruling that is sure to become a landmark in state litigation over data breaches, the Pennsylvania Supreme Court on November 21 held that “an employer has a legal duty to exercise reasonable care to safeguard...more
After coming into effect on May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) poses a compliance challenge to U.S. organizations that handle or control personal data on people who are in the E.U....more
In the wake of the Cambridge Analytica privacy scandal and the recent rollout of the European Union’s General Data Protection Regulation (GDPR), California legislators took action to give California consumers more control...more
As states develop new laws directed at the security of biometric identifiers, such as fingerprints and retina scans, institutions of higher education are likely to face a host of new compliance requirements and increased...more
Professor Deprived of Due Process Through
Salary Reduction -
Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case...more
On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two...more
In a decision issued yesterday, the United States Court of Appeals for the Fourth Circuit dismissed an appeal that would have addressed one of the most pressing unresolved issues in False Claims Act jurisprudence: whether...more
The scourge of “ransomware”—malicious computer viruses that prevent entities from accessing their own data until they pay a ransom—has spread to the higher education sphere.
In early January 2017, a California public...more
Now that the Supreme Court has upheld the use of race as a “factor of a factor of a factor” in the University of Texas’s admissions program, institutions can glean some guidance from the decision to create and administer...more
Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more
3/31/2016
/ Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Educational Institutions ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Faculty ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Free Speech ,
Hiring & Firing ,
Minimum Salary ,
Over-Time ,
Pensions ,
Professional Misconduct ,
Reasonable Accommodation ,
Retirement ,
Termination ,
Wage and Hour ,
White-Collar Exemptions
Risk managers who also happen to be attorneys are not always protected by the attorney-client privilege, according to a recent decision by the U.S. District Court for the Eastern District of Pennsylvania. In Casey v. Unitek...more
On September 10, 2015, the Second Circuit held that an employee who reports wrongdoing internally -- but not to the SEC -- is protected under the whistleblower provisions of the Dodd-Frank Act. In Berman v. Neo@Ogilvie LLC,...more
Benjamin Bloedorn is an itinerant preacher who travels from college campus to college campus, loudly proclaiming his evangelical message for hours on end to anyone within earshot. In March 2008 he arrived at Georgia Southern...more