Because the Commonwealth of Pennsylvania does not have a comprehensive consumer privacy law, it relies on a patchwork of other laws and regulations to protect its citizens’ information from unwanted access, collection and use. Including Pennsylvania’s Wiretapping and Electronic Surveillance Control Act, 18 Pa. CS § 5701 onwards. (WESCA) is at the center of a … Read more
Seyfarth Synopsis: In 2022, the Third Circuit Court of Appeals reinstated a class action lawsuit alleging violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”). The lawsuit alleged that an online retailer and its marketing agency violated WESCA by tracking visitor activity on the site through the use of session replay codes. Following … Read more
With the outbreak of the Covid-19 pandemic in 2020, businesses across the country were forced to close their doors and turn to their commercial property insurance companies to request coverage. With their properties rendered unusable for their intended (and insured) business purposes, these insureds reasonably expected their “all risk” policies to provide the promised “business … Read more
On November 3, 2022, Governor Wolf signed House Bill 2057 into Law 122. The law included numerous amendments to Title 15 of Pennsylvania’s Consolidated Statutes, known as the “Associations Code” (the Title 15 Update).1 This multi-part series provides a summary of the major changes coming to Pennsylvania with the Title 15 Update. Part 1 provided … Read more
in one recent Alabama casethe Alabama Supreme Court found that an employee handbook containing language specifying mandatory dismissal/termination procedures for employees was specific enough to constitute a unilateral contract between an employer and its “voluntary” employee. The opinion builds on previous Supreme Court jurisprudence on when manuals can become binding contracts with employees, and cautions … Read more
I. Certificate of Requirement Program A. AL2022-010, Hand to Hand Therapy and Tutoring, LLC, Fairhope, AL: Suggests adding speech therapy services to an existing occupational therapy clinic. Contradiction: none. Authorized. B. AL2022-030, Premier Assisted Living, LLC, Millbrook, AL: Proposes to convert sixteen (16) beds in assisted living facilities (ALF) to sixteen (16) beds in assisted … Read more
Early last week, the Pennsylvania Department of Environmental Protection (“DEP”) assumed new limits for two classes of PFAS chemicals. Pennsylvania joins a growing list of states that have introduced limits and, in some cases, bans on certain types of PFAS and PFOS chemicals. Under the new rule, Pennsylvania will now mandate that all public and … Read more
On December 6, 2022, the U.S. District Court for the Eastern District of Pennsylvania granted an employer defendant’s motion for summary judgment regarding whistleblower retaliation claims made under SOX and the Consumer Financial Protection Act of 2010 (“CFPA”). It found that the plaintiff could not show that her alleged complaints of unlawful conduct contributed to … Read more
In a case that will have far-reaching ramifications throughout Pennsylvania, the Pennsylvania Commonwealth Court ruled on January 4, 2023 that the school system’s tax-exempt defendants were not required to pay the Borough of West Chester’s stormwater fee because ” the rainwater tax represents a local tax”. Borough of West Chester vs Pa. State System of … Read more
Alabama’s new gun law went into effect on January 1, eliminating the state’s requirement for a permit to carry a concealed firearm or be in a vehicle — but employers should be aware that this new law does not specifically permit an individual to carry themselves to open Carry or bring a concealed firearm into … Read more