Michael S. Katzen

All articles by Michael S. Katzen


Case Closed? Ethical Obligations Upon Termination of Representation

Under Model Rules of Professional Conduct 1.15 and 1.16, a lawyer must safeguard a client’s property and deliver it promptly to the client upon the client’s request and upon termination of representation a lawyer shall take whatever steps are reasonably practical to protect a client’s interest. The ABA recently issued a formal opinion clarifying and updating a lawyer’s ethical obligations under these Rules and addressing practical considerations regarding the application of these Rules to practice.  

Employee Fired for “Private” Facebook Post

Plaintiff Deborah Ehling thought she could comment freely on Facebook because she limited her posts to a restricted group of her “friends” and her posts were not available to the general public. She was wrong. When her employer learned of her controversial posts and terminated her, she thought she had recourse. She was wrong. In an important ruling for employers, the District Court of New Jersey recently dismissed Ehling v. Monmouth-Ocean Hospital Service Corp., et al., (August 20, 2013). This case put to the test the Federal Stored Communications Act, 18 U.S.C. §§ 2701-11 (“SCA”) as applied to social media content in the workplace.  

A Case Study for Employers on Whistleblower Laws

Whistleblower laws are generally designed to prohibit employers from taking retaliatory action against an employee because the employee engages in protected conduct. For example, an employer may not retaliate against an employee for disclosing the employer’s violation of laws or ethics, providing testimony about the employer, or refusing to engage in inappropriate conduct. In a recent decision, the New Jersey Superior Court considered whether an employee’s reliance upon a professional code of ethics not applicable to his employer is sufficient to support a claim under…  

The Yahoo! Decision: Telecommuting Issues Facing All Employers

Yahoo! CEO Marissa Mayer recently made headlines for doing away with the company’s telecommuting policy and requiring all employees to report for work at their respective offices. Reportedly, Yahoo! was suffering from “productivity” issues with many of its employees who were working from home. While employee productivity is always of paramount importance to employers, telecommuting also poses a variety of legal risks that can similarly affect an employer’s bottom line. Some of the most common legal issues facing employers will be addressed here.