AI meeting assistants offer numerous benefits, including allowing participants who would otherwise be taking notes to stay fully engaged, automatically generating meeting summaries and action items, producing uniform and unbiased notes for all participants, and even identifying speakers by their voices. But what many users do not fully appreciate is that these tools introduce a third party into conversations historically governed by strict privacy and confidentiality rules, a shift that carries profound consequences for attorney–client privilege, wiretap compliance, compliance with privacy laws, Pennsylvania’s Right to Know Law (RTKL), and discovery exposure. To read the full article by Jenn Malik and Peter Zittel, click here.
When can an employee hold its employer liable for harassment by a third-party? In her recent article in The Legal Intelligencer, Janet Meub discusses recent decisions that guide how employers can be held directly liable for the actions of their agents. To read the full article, click here.
Social media has become the modern town square for many public officials. Whether it’s sharing a recap of a school board meeting, celebrating a community event, or commenting on local issues, platforms like Facebook and Instagram are now a routine part of how leaders connect with their constituents. But what happens when those online conversations intersect with Pennsylvania’s Right-to-Know Law? To read the full article by Anna Hosack, Stephen Korbel, and Peter Zittel, click here.
Recent activity from the FTC indicates yet another shift in the Commission’s view on non-compete agreements, the latest in a turbulent 16-month period for this topic that began with the FTC’s May 2024 publication of a final rule banning most non-competes throughout the country. In their article, FTC Withdraws Non-Compete Appeal, Previews a More Focused Approach, Steve Antonelli and Alex Farone discuss the rule and its implications, encouraging employers to continue to monitor the latest developments involving non-compete agreements. To read the article, click here.
In their recent article The Environmental Quality Board Evaluates Petition that Proposes Further Setbacks for Unconventional Oil and Gas Operators Alex Graf and Morgan Madden discuss a recent rulemaking petition with the Pennsylvania Environmental Quality Board to increase minimum setback distances from unconventional oil and gas wells. To read the full article, click here.
With election season just around the corner, Pennsylvania municipalities often face the issue of municipal vacancies. While some municipalities have highly contested elections, others, particularly small boroughs, may struggle to find individuals even willing to serve. Municipalities often have questions regarding the rules for these openings, which follow rules from multiple statutes and codes. To add to the confusion, the rules for filling vacancies differ greatly depending on the type of municipality and the exact timing of when the vacancy occurs. This article provides a broad overview of how vacancies occur, how they are filled, and for how long the new official will serve. To read the full article, click here.
In the ever complex and evolving landscape of employment law, some of the most effective compliance tools are not found in case law or federal regulations but in routine and consistent documentation. Job descriptions, performance evaluations, and disciplinary writings are three foundational tools that can play a crucial yet often underestimated role in shaping and defending employers’ decisions. In their recent article in The Legal Intelligencer, Attorneys Morgan M. Madden and Steve Antonelli advise employers to not wait for a lawsuit to evaluate their HR documentation practices. Instead, they should regularly review their job descriptions and align those documents with current duties and expectations so that performance evaluations can be conducted consistently. By treating these basic HR documents as a strategic defense rather than administrative chores, employers can significantly reduce legal exposure while promoting a culture of clarity, fairness, and accountability. To read the full article, click here.
Pennsylvania municipalities are empowered not only to adopt ordinances and enforce them but to establish fines and penalties for violations of the same. However, municipalities are creatures of statute and authorized only to act within the bounds of the powers granted to them by the General Assembly. In their recent article, Accumulating Accountability: Commonwealth Court Reviews Constitutional Limits on Cumulative Municipal Fines, Attorneys Michael Korns and Anna Skipper Jewart explain that the power of a municipality to seek fines and penalties is not only limited by the state statute that authorizes it but confined by the protections of the state and U.S. Constitution. To read the full article, click here.
On Feb. 19, 2025, U.S. Equal Employment Opportunity Commission Acting Chair Andrea Lucas announced that the agency will direct its focus on protecting American workers from unlawful national origin discrimination (the February 2025 EEOC guidance). In a shift from previous priorities usually relating to the prevention of discrimination against foreign nationals and historically marginalized groups, the EEOC’s new enforcement priority will likely lead to an increase in investigations, compliance checks and litigation relative to the protection of American workers from alleged discrimination. If you have questions about unlawful national origin discrimination or the February 2025 EEOC guidance discussed, contact Erin Lucas Hamilton or Cella Iovino.
In a recent case, the Pennsylvania Commonwealth Court found that the use of an attestation may negate the need for a full privilege log when responding to a Right-to-Know Law request where there are redacted privileged documents and an attestation providing context for the privilege. In her recent article Pennsylvania Right-to-Know Law Update: The Death of the Attorney-Client Privilege Log? with Michael Korns, Anna Hosack provide this Pennsylvania RTKL Update.
On November 20, 2024, the Pennsylvania Supreme Court unanimously upheld the constitutionality of state preemptive firearm laws that prohibit municipalities from passing local gun regulations. Attorneys Michael T. Korns and Anna Hosack discuss the implications of this decision for municipalities on gun regulation in Pennsylvania.
To read the full article, click here.
Ordinance enforcement is an essential function for a municipality to keep its residents and community functioning efficiently. In their recent article in The Legal Intelligencer, Robert Max Junker and Morgan Madden explain the goal of zoning enforcement is to “ensure compliance with an ordinance such that the community is protected.” To read the full article, click here.
In her recent article Right-To-Know Law Policy Update in the Wake of Anonymous FOIA Buddy Record Requests with Max Junker, Anna Hosack provides a Right-to-Know Law Policy Update in Wake of Anonymous FOIA Buddy Record Requests. To view the full article, click here.
In their recent article Public Posting 2.0: High Court Creates Test for When Social Media Posts Are State Action with Harley Stone, Anna Jewart and Alex Farone explain the issue that the U.S. Supreme Court weighed in on: When does a public official’s social media activity on a personal account constitute state action, subjecting the public official to liability? They also discuss how municipalities should take this opportunity to revisit their internal policies concerning social media. To read the full article, click here.
In her recent article When Standing Won’t Stand – Pennsylvania Supreme Court Rules that a Grant of Party Status by a Zoning Hearing Board Does Not Automatically Convey Appellate Rights with Michael Korns, Anna Hosack discusses the Pennsylvania Supreme Court addressing the question of who is entitled to standing in matters before a municipal zoning hearing board, and more importantly, who has standing to file an appeal from a board decision. To read the full article, click here.
