Seth L. Laver, Author at Professional Liability Matters

December 17, 2013 Employment Practices Liability

It’s All Relative – The Risks of Office Nepotism

Federal authorities recently commenced an investigation targeting a global financial services firm’s alleged practice of hiring the children of powerful Chinese officials, often through a program that used lower hiring standards for those with elite pedigrees, to help the firm win lucrative business in China. The investigation provides an excellent backdrop to discuss the risks associated with nepotism in the workplace.

Nepotism is not generally illegal unless it crosses the line into bribery. In recent years, the SEC and the Justice Department have increased their …

December 6, 2013 Employment Practices Liability

Does a Corporation have Religious Freedom under the ACA?

Those with conflicting political views may still agree that many questions remain unanswered regarding the implementation of the Affordable Care Act, a/k/a “Obamacare.” The US Supreme Court recently agreed to address at least one of those lingering questions when it granted certiorari to hear Sebelius v. Hobby Lobby Stores. The issue in Hobby Lobby is whether an employer may be subject to fines under the ACA for failing to provide health insurance coverage that includes the provision of birth control to employees. The …

December 4, 2013 Design Professionals (A&E)

3-D Liability? New Printing Technology Means New Exposure

As 3-D printing continues to grow in popularity, PL Matters wonders how this technology will impact the professional malpractice community. Now 3-D users may bring any virtual object to life by directing it to a specialized printer that prints in layers of rubber, plastic, paper or other materials. Once cost-prohibitive and mainly utilized by the medical field (to create prosthetics), the machines are now available to the public for personal and commercial use. But as the machines are more readily available, what happens when the …

November 27, 2013 Employment Practices Liability

Off The Clock, On The Hook: Unintended Consequences Of Working Remotely

Sitting down to dinner but still have a long to-do list from the office? Hear your work e-mails pinging as you watch the game? Not a problem that you can’t handle with your smartphone or tablet. Whatever your take on this 24/7 connectivity, it is undeniable that the proliferation of mobile devices has made working away from the office easier and perhaps expected by employers (and clients). While such a policy may result in an increase in productivity, it can also create a legal risk …

November 26, 2013 Legal Malpractice / Risk Management

Who Can Sue Me? Liability to Non-Clients

Generally an attorney only owes a duty of care to her client. Thus, a predicate to a meritorious legal malpractice action is the existence of an attorney-client relationship. But, identifying this relationship and determining to whom that duty extends is not simple. A recent decision demonstrates that an attorney may be exposed to malpractice based on the expectations of non-clients.

In Pete v. Anderson, (Nov. 21, 2013) the Kentucky Supreme Court considered whether the children of a man who died in an auto accident …

November 14, 2013 Employment Practices Liability

Workplace Bullying: More than a Dolphins’ Problem

Thanks to the developing news regarding the Miami Dolphins, workplace bullying has generated national attention. There has been considerable press of late concerning school bullying and its impact on children but it is now clearer than ever that in some environments, bullying can exist in the workplace and can cause serious damage to professionals and their employers.

How bad could things be for Jonathan Martin? The 24-year-old received a signing bonus of $1,919,468 after leaving Stanford as a second round draft pick. He …

November 7, 2013 Employment Practices Liability

Calculating FMLA Leave: What Employers Need to Know

The Family Medical and Leave Act (FMLA) provides job security to employees who require time away from work due to illness or the need to care for family. By some accounts, the FMLA is one of the most difficult employment laws for an employer to administer and therefore is a risk management “legal labyrinth.” In particular, the seemingly simple task of calculating the duration of FMLA leave can be daunting.

Under the FMLA an “eligible” employee may take up to 12 weeks of leave …

November 5, 2013 Risk Management

Are Deposition Breaks Privileged?

Attorneys should proceed with caution when consulting with a client during deposition breaks. Whether it be a hospitality break, for lunch, or for an overnight adjournment, there is room for trouble when a client and attorney discuss aspects of an ongoing deposition. Depending on the jurisdiction, communication between attorney and client may not be considered privileged and may be fodder for deposition questioning.

One of the more oft-cited cases on the topic of client consultation during deposition breaks is Hall v. Clifton Precision, 150 …

November 1, 2013 Employment Practices Liability

Gaga’s Overtime Problem

Would you pay attention if we told you that Stefani Germanotta allegedly failed to pay her assistant over $375,000 in overtime pay? What if we told you Stefani Germanotta usually goes by “Lada Gaga”? Reportedly, the uber-famous singer reached a settlement in the 2011 FLSA lawsuit filed by her former personal assistant. The lawsuit serves as a reminder to employers of all sizes that unless their employees meet the requirements of the administrative exemption test, they must be paid overtime under the Fair Labor Standards …

October 31, 2013 Ethics / Legal Malpractice

Who’s the Boss: Attorney or Client?

Communication is a key to a healthy attorney-client relationship. Client input is critical for the attorney to develop an understanding of the underlying events and the client’s goals. However, when it comes to litigation strategy, the attorney must tread carefully when the client disagrees with the suggested approach. In this scenario, who’s the boss? By one account, the “scope of representation” is one of the “thorniest issues involved in legal practice” yet it is widely misunderstood. Often, the attorney who understands the ethical principles …