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BY ANNE TYLER HALL AND ERIC SCHILLINGER  Cybersecurity has become a daily struggle for businesses. In the last decade, cybersecurity breaches soared, with companies like Capital One having more than 100 million individuals impacted.  The unprecedented technological challenges caused by the global pandemic have exacerbated the cybersecurity vulnerabilities of employers, many of which already struggled with unprotected data issues and weak cybersecurity practices. Even in a post-pandemic business environment, it remains imperative that companies employ best practices for cybersecurity awareness, prevention, and security as a part of their culture.  These cybersecurity practices extend beyond general business transactions…
On April 12, 2021, the U.S. District Court for the Middle District of Pennsylvania granted a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, holding that the company demonstrated that it would have terminated Plaintiff’s employment even in the absence of any alleged protected activity as part of a broad reduction-in-force (RIF).  Wickens v. Rite Aid Hdqtrs. Corp., No. 19-cv-02021. Background Plaintiff, a former in-house attorney at the company, allegedly learned in early 2017 that several vice presidents sold their stock in the company shortly before a merger with a competitor was publicly announced, and internally…
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Starting at the age 60, studies have shown people may begin experiencing a decrease in their financial literacy score by one point per year. From cognitive impairment to medication problems, it doesn’t take much for everyday expenses and unpaid bills to cause financial trouble. Whether your aging parents are displaying signs of impairment or you’re just worried they can’t keep up with their finances, here are a few signs that might signal your loved ones are struggling. Forgetting to Open Mail Taking a look around your parents’ home is a good place to start. Do you notice stacks of unopened…
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On March 5, 2021, a California federal court ruled in Doe v. United Behavioral Health that UnitedHealth violated the Mental Health Parity and Addiction Equity Act (Parity Act) and federal benefits law by refusing to pay for a common form of autism treatment. Plaintiff Jane Doe filed the suit on behalf of her son against UnitedHealth, which was the administrator of the employer-sponsored health plan at Wipro Ltd., where her son’s father worked until 2020. She alleged that UnitedHealth had breached its fiduciary duty under ERISA and violated the Parity Act when it refused to cover a common form of…
With the adoption of the Adult Use of Marijuana Act (AUMA) and legalization of cannabis consumption in 2016, marijuana use has become a popular pastime for residents including California nurses and health professionals. Unfortunately, this recreational use can impact your professional license. If you choose to consume cannabis products, you need to know how to protect your nursing career. Here are guidelines you should follow. Avoid Recreational Marijuana on the Job As a licensed medical professional, it’s imperative that you safely perform your duties while on the job. Your sound mind is crucial when assisting patients or…
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Executive pay clawback clauses have become more common following the financial crisis of 2008 since they allow companies to recover incentive pay from executives in the event of misconduct, fraud, scandal, poor performance, or a drop in company profits.  Clawbacks Under Sarbanes-Oxley and Dodd-Frank The Sarbanes-Oxley Act of 2002 mandated an executive compensation clawback rule that covered CEOs and CFOs, but did not apply to other high level executives. That rule specified that executives would have to return incentive pay to the company if their misconduct resulted in a restatement of the company’s financial results.  The Dodd-Frank Act of 2010…
Suffering a personal injury is a traumatic experience, one that might require extensive physical therapy, hospital stays, and emotional support. While it’s extremely important to get the care you need after a severe injury, hiring an attorney should also be a priority. Why, exactly? Well, in most cases, you have anywhere from a six-month to a two-year window to get this done. Afterward, the party responsible for injuring you can make a case that the incident is too far back for you to be able to sue them. Below, we’ve provided more detail on what a statute of limitations is,…
On May 10, 2021, the SEC’s Office of the Whistleblower announced multi-million dollar awards to two whistleblowers who provided the SEC with information that assisted the agency in bringing a successful enforcement action against a financial services firm.  (The order granting the awards can be accessed here.)  The larger of the two awards, $18 million, was awarded to the whistleblower who was the initial source of the information that prompted the SEC’s investigation.  The second award of $4 million was given to a second whistleblower who submitted additional information after the investigation was already underway. Emily Pasquinelli, Acting Chief…
Taft Chicago partner Marcus Harris will be a featured panelist during iTechLaw’s 2021 World Technology Law Conference. Harris will speak on “Tips & Tricks for Successfully Negotiating Your ERP Contract,” an interactive session that will address key ERP contractual provisions, common vendor tactics, and strategies for negotiating a contract that increases the likelihood of implementation success. The virtual conference is June 8-10, 2021. Harris will present on June 8 at 2 pm EDT. Click here to view the full agenda or to register. iTechLaw has been serving the technology law community worldwide since 1971 and is one of the most…
An effective settlement agreement memorializes the resolution of a dispute between a claimant-employee and a business, provides the parties with a clear path forward, and creates peace of mind. A poorly-drafted settlement agreement, on the other hand, can create further conflict and problems. This is what litigators would like employers to understand about effective settlement agreements. What Can Be Included Waiver of Unknown Claims. A settlement agreement always includes monetary and/or non-monetary consideration provided to the claimant to settle known claims against the business. Under California Civil Code section 1542, a claimant may also agree to waive the right to…