Proving Pain as a Disability in ERISA Long-Term Disability Claims

2022-07-29T15:59:23-04:00

Four Recommendations for Success One of the frequent issues we see in ERISA long-term disability claims based wholly or partially on pain is: how do you prove that?  There’s no objective medical test for pain.  Oftentimes, the underlying medical condition that is causing the pain, such as fibromyalgia or nerve impingement, is also difficult [...]

Proving Pain as a Disability in ERISA Long-Term Disability Claims2022-07-29T15:59:23-04:00

NEW LAW ENDS REQUIRED ARBITRATION OF SEXUAL HARASSMENT CLAIMS

2022-07-29T17:06:19-04:00

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.”  The new law amends the Federal Arbitration Act (“FAA”) to prohibit the required arbitration of sexual harassment and sexual assault claims.  The law applies not only to individual claims, but also class [...]

NEW LAW ENDS REQUIRED ARBITRATION OF SEXUAL HARASSMENT CLAIMS2022-07-29T17:06:19-04:00

Three Lessons from The Denial of Severance Benefits in Soto V. Disney

2022-07-29T17:06:45-04:00

DISNEY SEVERANCE PAY PLAN In a recent decision, the Second Circuit Court of Appeals held that a long-time Disney employee was not entitled to severance benefits where the reason for her termination was her inability to work on account of her disability.  The case holds three important reminders for employees seeking both disability and [...]

Three Lessons from The Denial of Severance Benefits in Soto V. Disney2022-07-29T17:06:45-04:00

Could Scarlett Johansson’s Black Widow Lawsuit Get Trapped in a Spider Web?

2022-07-29T17:08:58-04:00

Bryan Tyson As Marvel fans are well aware, Disney recently released the much-anticipated movie Black Widow starring Scarlett Johansson as the superhero and member of the Avengers. How the movie got released, however, is the subject of current litigation between Disney and Johansson. Johansson claims Marvel had a contract with her to release the movie [...]

Could Scarlett Johansson’s Black Widow Lawsuit Get Trapped in a Spider Web?2022-07-29T17:08:58-04:00

Can I get a side of ERISA with that burger?

2020-10-21T16:02:08-04:00

Eight ways employees can use ERISA in litigation over execution in terminations and attempted clawbacks By: Bryan Tyson Many executives and corporation boards have been eagerly watching the looming court battle between McDonald’s Corporation and its former CEO, Stephen Easterbrook. While you can find a full summary here, according to a complaint filed in [...]

Can I get a side of ERISA with that burger?2020-10-21T16:02:08-04:00

Did COVID-19 Invalidate Your Non-Competition Agreement?

2020-08-21T14:40:18-04:00

Three Situations in Which Your Non-Competition or Non-Solicitation Agreement May Be Affected by COVID/Coronavirus By Bryan Tyson As a result of the global pandemic caused by COVID-19/coronavirus, many employers have implemented layoffs, instituted furlough programs, or terminated employees for lack of overall work. While these steps may be necessary for businesses to survive the [...]

Did COVID-19 Invalidate Your Non-Competition Agreement?2020-08-21T14:40:18-04:00

Recent Case Reinforces Importance of Morals Clauses and “For Cause” Language in Executive Employment Agreements

2022-07-29T17:15:08-04:00

By Bryan Tyson On Wednesday, March 4, a jury in the District of Columbia found that former PBS talk show host Tavis Smiley violated his employment contract with the television network, assessing $1.5 million in damages against Smiley.  More specifically, the jury found: (1) that Smiley was fired on account of allegations of sexual [...]

Recent Case Reinforces Importance of Morals Clauses and “For Cause” Language in Executive Employment Agreements2022-07-29T17:15:08-04:00

Executive Wrongful Termination: 5 Steps to Take Before It Happens

2022-07-29T17:15:30-04:00

Executive Wrongful Termination: 5 Steps to Take Before It Happens As reported by CNBC, a former senior vice president of finance at e-cigarette maker Juul recently filed a wrongful termination lawsuit alleging he was fired in retaliation for raising various product safety issues at the company. While Juul has denied the allegations of the [...]

Executive Wrongful Termination: 5 Steps to Take Before It Happens2022-07-29T17:15:30-04:00

Severance and WeWork Founder

2022-07-29T17:15:53-04:00

Severance for WeWork Founder Has Some Good Reminders Most people took notice when WeWork recently offered Adam Neumann, the co-founder, former CEO, and current Chairman of the Board, a severance package reportedly worth $1.7 billion in stock, cash, and credit to walk away from the company.  For CNBC’s full article, click here. While most of [...]

Severance and WeWork Founder2022-07-29T17:15:53-04:00

Employees vs Independent Contractors

2020-02-14T15:15:19-05:00

Employees vs Independent Contractors In early September, California passed a landmark bill regarding the gig economy. The bill, AB 5, was approved by California’s State Senate, Assembly, and signed by Governor Gavin Newson. AB 5 addresses the “gig economy,” which includes companies like Uber, Lyft, DoorDash, Postmates, and other similar companies. These gig economy [...]

Employees vs Independent Contractors2020-02-14T15:15:19-05:00