United States: Employers – Don’t Wait For A Sex Scandal To Enforce Your Sexual Harassment Policy

In the modern workplace, the pitfalls of a sexual harassment claim for a company are often obvious and problematic. Surprisingly, despite the risks of adverse public exposure, an expensive monetary judgment, and the potential award of attorney fees, many businesses have yet to prepare for and properly address this phenomenon.

Taking a do-nothing approach to preventing sexual harassment claims may have a devastating impact on your company. On the other hand, establishing the mechanisms to […]

By | March 23rd, 2015 ||

United States: Fiduciary Breach Claim Based On Oral Representation Can Proceed

A federal district court in New Jersey held that oral misrepresentations may support a breach of fiduciary duty claim under ERISA.  Plaintiff Richard Lees was hired by American Re–Insurance Company, although he was paid by another entity called SMS.  When American sought to transfer Lees to its payroll, Lees allegedly agreed to the transfer only if he would be treated as if he had been on American’s payroll the entire time for the purpose […]

By | March 23rd, 2015 ||

United States: Blizzards, Hurricanes, And That Dreaded TORCON Index

Many “it was the worst day of my life” stories begin with a weather event. I will never forget sitting with a client in an early April morning mediation several years ago when she received a call on her cell phone. She was told that she should not come to work that day. And that the company’s entire service truck fleet had just been wiped out. It was a very bad day. On the […]

By | March 22nd, 2015 ||