#MeToo & the Courts, Employers Take Note

Recently, a U.S. Appellate Court in Pennsylvania issued what is likely the most important employment law case this year. The case, which had some pretty heinous harassment by a supervisor, is probably the first case of significance to directly address some of the issues brought to light by the #MeToo movement.

The impact of this case is likely to be felt in many discrimination cases, not just sexual harassment cases. I will be doing some follow up on this case and what lessons employers should learn from the case. While the case applies specifically in Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, the reasoning and in particular footnote 12, are going to be regularly cited going forward in all similar cases in the U.S.

Here is my quick take and a reading of Footnote 12.

 

Get to Know the Integration Clause

Here is another geeky contract term that a lot of people don’t understand, yet it has important implications if there is ever a dispute between the parties to a contract. The geeky contract term for this week is the Integration Clause. The Integration Clause (or as it is often written “Entire Agreement” Clause is: A… Continue Reading

Online Sales Taxes are Coming

It is just a matter of time. The Supreme Court’s decision in South Dakota v. Wayfair, Inc., has paved the way for states to begin implementing a sales tax on online sales. Well, actually, for most states online sales have still been subject to sales tax, only the consumer had to pay it to the… Continue Reading

Interview of MatttheLawyer

One of my clients Colleen Gratzer hosts a podcast called Design Domination. Colleen asked me to help explain some legal matters related to design and the creative business. You can listen to our conversation or read the transcript (if that is your thing). Also, if you are in the creative field, subscribe to Colleen’s podcast through iTunes, GooglePlay,… Continue Reading

Taglines and Trademarks

In the world of marketing and brand building, there have been some iconic taglines that become famous trademarks. Just Do It! by Nike I’m Lovin’ It by McDonald’s Think Different by Apple All of these taglines have become synonymous with their company and brands, which is the goal of any advertising. All those companies had… Continue Reading