Employment Cases and Regulations to Watch this Year

CASES CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (U.S. Supreme Court) Issue: Can employers recover attorneys’ fees if the EEOC fails to satisfy its pre-suit obligations under Title VII? The EEOC brought suit against the petitioner, an interstate trucking service, contending that a female driver-trainee and other similarly situated female employees had been sexually harassed and subjected to a hostile work environment by male lead drivers or co-drivers… Read On

RTKL Live Webinar

Craig J. Staudenmaier and Joshua D. Bonn will participate in an upcoming live webinar: Pennsylvania Right-to-Know Law: Reducing Time and Expense February 17, 2016 – 1:00PM EST – 2… Read On

Nauman Smith, WITF Host Event on Future History of Media

Panel moderator, Mike Greenwald, with panelists from left to right, Kathleen Pavelko, President & CEO of WITF; Randy Parker, Managing Editor of the York Daily Record, Gregory Steirer, Assistant Professor of English & Film Studies at Dickinson College and Cate Barron, Vice President of Content for PA Media Group. Harrisburg, PA – The challenge of delivering quality journalism in a world where everyone with internet access is providing content was the focus of a recent panel discussion hosted by Harrisburg law firm Nauman Smith and public broadcasting station WITF.  … Read On

Emails Showing Employee Misconduct Are Not Public Records

The Commonwealth Court has held emails documenting agency employees receipt and delivery of pornography on public computers are not public records. Pennsylvania Office of the Attorney General v. the Philadelphia Inquirer, ____ A.3d _____, No. 2096 C.D. 2014 (Pa.Cmwlth., Nov. 19, 2015). The court reasoned “… emails should not be considered ‘records’ just because they are sent or received using an agency email address or by virtue of their location on an agency-owned computer… Read On

Governor May Not Remove Executive Director of Office of Open Records Without Cause

The Pennsylvania Supreme Court has affirmed a decision by the Commonwealth Court that reinstated Eric Arneson as the Executive Director of the Office of Open Records.   The Supreme Court agreed that the OOR is an independent body and that the Executive Director is insulated from the Governor’s power to remove appointees at will. Justice Baer, joined by Chief Justice Saylor and Justice Eakin… Read On

Nauman Smith Partner Named Best Lawyer

Nauman Smith managing partner Craig J. Staudenmaier has been named in the 22nd Edition of The Best Lawyers in America in the area of Commercial Litigation. Craig concentrates his practice in the areas of state and federal litigation and Right-to-Know/media law. He routinely represents clients in all phases of the litigation process including mediation and arbitration… Read On

Nauman Smith Attorney Chosen for 2016 Leadership Harrisburg Class

Nauman Smith attorney Joshua D. Bonn has been selected for the Leadership Harrisburg Area’s (LHA) 2016 Community Leadership Series. Established in 1987, the Community Leadership Series is LHA’s core program. The nine-month, 100+ hour educational and experiential course explores many facets of life in the Capital Region including arts, culture and recreation as well as economic development… Read On

Right-to-Know Law Does Not Require Government to Maintain Public Records

The Commonwealth Court has approved a record-retention policy that authorizes individual state-employees to permanently destroy any email the employee decides is not a public record.   The court dismissed a lawsuit brought by a number of newspapers seeking a declaration that the email retention policy implemented by Governor’s Office of Administration (GOA) violates the Right-to-Know Law (RTKL)… Read On

State Police Dash Camera Videos are Public Records

The Commonwealth Court has affirmed in part an order of the Office of Open Records (OOR) requiring the Pennsylvania State Police (PSP) to disclose copies of dashboard mobile video recordings (MVR) from the scene of a traffic accident. Pennsylvania State Police v. Michelle Grove, 1146 C.D. 2014 (Pa. Cmwlth. Jul. 7, 2015). The Court concluded that one MVR… Read On

Act 192 Shot Down

Pennsylvania municipalities can breathe a sigh of relief. The Commonwealth Court declared Act 192 unconstitutional and void in a decision penned by Judge Simpson and announced today. Judge Simpson also made it clear that the Commonwealth is enjoined from enforcing any provisions of Act 192 or taking any actions in accordance with Act 192. All seven sitting Judges joined in the result… Read On

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