In House

Julie A. Uebler

How Performance Reviews Can Make (or Break) Discrimination Cases

By Julie A. Uebler |

Although there always seems to be a new opinion out there on how or whether to implement the annual performance review, it's hard to imagine the modern workplace without some sort of performance evaluation system. The way in which human resources teams structure, supervise and implement performance reviews can often impact the risks of employment litigation—for good and bad. This article highlights the legal risks associated with poorly administered performance reviews, identify how such evidence can be used as a sword by employees in litigation, and identify practical steps employers can take to reduce those risks.

Christopher Carusone

Evaluating, Challenging Regulatory Overreach in Energy Industry

By Christopher Carusone |

"You Can't Fight City Hall." While this famous phrase is ­believed to have its origins in the political corruption of the ­mid-1800s in New York City's Tammany Hall, it can also be used to describe the steep climb faced by corporate counsel when challenging a government agency in the promulgation of regulations. But don't tell that to the nation's energy industry. Indeed, the energy industry is at the very center of several high-profile cases challenging the statutory authority and processes used by the U.S. Environmental Protection Agency (EPA) and the Pennsylvania Department of Environmental Protection (DEP) in promulgating sweeping new regulations on energy production. In doing so, the industry is blazing a new trail in the fight against regulatory overreach that corporate counsel in all industries would be wise to monitor.

Christopher M. Brubaker

Privacy Shield: Gov't Responsibilities, Bulk Data Collection: Part II

By Christopher M. Brubaker |

This is the second of a two-part look at the new EU-U.S. Privacy Shield Agreement. The first part looked at the general framework of the Privacy Shield and focused on the responsibilities of the private sector in taking advantage of the protections offered by the Privacy Shield, such as self-certification; review by the U.S. Department of Commerce; the principles (transparency, quick attention to consumer inquiries and complaints, free (to consumer) dispute resolution mechanisms); and cooperation with data protection authorities (DPAs). Part II addresses the ­primary government responsibilities in terms of enforcement and the U.S. government's agreements to limit bulk data collection and provide analysis of the framework.