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GROUP BLOG: EEOC says restricting a transgender employee’s access to female restroom until after sex reassignment surgery can be discrimination under Title VII

In Lusardi v. McHugh, Secretary of Army, the Equal Employment Opportunity Commission concluded that a transgender employee was subject to disparate treatment because she was denied use of the female restroom until after her sex reassignment surgery had taken place. In his post for the Employment Law Blotter, Associate Joshua Brand looks at how this ruling may impact private employers. Click here to read it.

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Burns White welcomes six Associates to offices in Pa. and W.V.

PITTSBURGH, May 28, 2015 — Burns White LLC welcomes six associates with practices spanning employment, healthcare and long-term care, commercial litigation, workers’ compensation and transportation to its offices in Pittsburgh, Philadelphia and Wheeling, W.V.

Pittsburgh

Richard J. DeBlasio defends employers, insurance carriers and self-insured entities in workers’ compensation claims. Prior to joining the firm, Mr. DeBlasio was an attorney at a personal injury firm, working mainly in the area of workers’ compensation. Mr. DeBlasio is a Duquesne University School of Law graduate.

Craig A. Goddy defends railroad clients in FELA and occupational illness claims. Before Burns White, Mr. Goddy was a partner at a Florida law firm with a practice covering commercial litigation, commercial real estate, banking litigation and insurance defense work arising under commercial general liability policies. Mr. Goddy graduated from the University of Dayton School of Law.

Stephen L. Guzzetti’s practice is in commercial litigation impacting a wide range of industries, including banking and financial services. He worked at a healthcare defense firm and the Allegheny County Public Defender’s Office before joining Burns White. Mr. Guzzetti received a J.D. from Duquesne University School of Law.

Andrew C. Hazi defends individual professionals, and long-term care and acute care facilities in medical malpractice, healthcare and general liability litigation. Prior to joining Burns White, he worked at a prominent insurance defense firm in downtown Pittsburgh, litigating a wide range of matters, including automobile and premises liability, extra-contractual and complex insurance coverage issues, and uninsured/underinsured motorist issues. Mr. Hazi received a J.D. from the University of Pittsburgh School of Law.

Philadelphia

Joseph L. Gordon litigates employment law, tort and contract matters, with an expanding focus on representing companies in the healthcare industry. Prior to joining Burns White, he practiced at a boutique employment law firm in the Philadelphia area. Mr. Gordon received a J.D. from Seattle University School of Law.

Wheeling

Matthew G. Chapman’s practice is in civil litigation, with a focus on healthcare, products liability, personal injury and employment litigation. Prior to joining Burns White, he handled civil litigation; criminal; domestic; contract; property; wills, trusts and estates; and governmental relations matters at a firm in St. Clairsville, Ohio. Mr. Chapman received a J.D. from West Virginia University.

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GROUP BLOG: Existing Sex Discrimination Guidelines are about to get a makeover

On January 28, 2015, the U.S. Department of Labor issued a Notice of Proposed Rulemaking to rescind the current Sex Discrimination Guidelines, 41 C. F. R. § 60-20.1, et. seq., and replace them with provisions that would align with current law, legal interpretations and workplace environments by implementing Executive Order 11246, which will impact 65 million employees who work for federal contractors. Click here to find out more about the proposed guidelines in Associate Laura Benson’s article for the Employment Law Blotter.

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Ten Burns White attorneys named to Pennsylvania Super Lawyers/Rising Stars lists

PITTSBURGH, May 15, 2015 —Burns White Members David B. White and David A. Damico of the Pittsburgh office, and Member Valerie H. Lieberman and Associate Frank T. Troilo of the Philadelphia office were named to the 2015 Pennsylvania Super Lawyers list, a distinction received by no more than five percent of attorneys practicing in the state.

In addition, Member Matthew G. Brouse and Associates Molly L. Fletcher, Patrick M. Horvat, Tara B. Rodrigues and Stephanie Solomon of Pittsburgh, and Associate Jacqueline Sabol Roe of Philadelphia were selected for the Pennsylvania Rising Stars list.

Named to the Pa. Super Lawyers list since 2004, Mr. White brings to his clients more than 30 years of demonstrated legal experience spanning several industries and areas of litigation including financial services, commercial, products liability, professional malpractice and employment, coupled with practical business acumen and strong leadership skills as a team builder and project manager. Mr. White earned a J.D. degree from Duquesne University.

Mr. Damico, who has appeared eight times on the Pennsylvania Super Lawyers list, brings more than 29 years of litigation experience to his corporate clients. Co-Chair of the firm’s Transportation Practice Group, he serves as National Trial Counsel to multiple railroad companies and has tried numerous occupational illness, toxic exposure and catastrophic personal injury cases. Mr. Damico also serves as counsel on behalf of manufacturers and distributors in complex products liability and toxic tort cases. He graduated from the University of Pittsburgh School of Law.

Included on the list for a fourth consecutive year, Ms. Lieberman is a member of the firm’s Workers’ Compensation Group and serves on the Workers’ Compensation Section Executive Council of the Pennsylvania Bar Association. For more than 20 years, she has worked with insurance companies, self-insured and uninsured employers from a variety of industries to help reduce their exposure to workers’ compensation claims. Ms. Lieberman received a J.D. from Benjamin N. Cardozo School of Law.

Mr. Troilo, a second-time list maker, defends a diverse array of clients in Pennsylvania and New Jersey in workers’ compensation claims. With more than 24 years of experience, he has worked at several Philadelphia firms developing litigation strategies and counseling employers on issues related to insurance coverage, compliance with federal and state laws and regulations, wrongful discharge and employee resolution options. Mr. Troilo graduated from Temple University’s James E. Beasley School of Law.

The Pennsylvania Rising Stars rating is a distinction given to no more than 2.5 percent of the top up-and-coming attorneys in the state who are either 40 years old or younger, or in practice for ten years or less. Following is more information about our 2015 recipients:

  • Mr. Brouse, Co-Chair of the Energy Group, is experienced in a wide range of litigation and transactional matters affecting clients in the oil and gas, transportation and financial industries.
  • Ms. Fletcher practices railroad defense litigation with an emphasis in occupational disease claims and toxic tort litigation.
  • Mr. Horvat primarily concentrates his practice in transportation law with an emphasis in occupational disease claims and toxic tort litigation. He currently defends several national logistics clients.
  • Ms. Rodrigues is engaged in the practice of civil defense litigation, with an emphasis in long-term care/healthcare law, professional negligence, licensure issues, contract negotiation and products liability.
  • Ms. Roe defends physicians and hospitals against professional and general liability claims.
  • Ms. Solomon focuses her work on commercial, professional liability and products liability litigation, as well as banking and financial services matters.

An annual rating service of the Thomson Reuters, Legal division, the Super Lawyers list’s patented, multiphase selection process consists of a statewide survey of lawyers in more than 70 practice areas, independent research to identify outstanding lawyers, evaluation of candidates based on 12 indicators of peer recognition, a panel review by practice area and a discipline check of each candidate.

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GROUP BLOG: Health-contingent wellness programs offer greater incentive, pose greater risk

To many, employee wellness programs seem like a win-win for both employees and employers: employees are happier and healthier, and employers could decrease the cost of providing health benefits to their healthier workers. Implementing certain aspects of a wellness program, however, may expose employers to liability under certain employment discrimination statutes. Associate Laura E. Caravello examines the potential risks in her latest post on the Employment Law Blotter. Click here to read it.

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Burns White launches cybersecurity practice to address increasing client need

PITTSBURGH, April 28, 2015 — With clients facing increasingly complex regulatory environments and cyber threats to information systems, Burns White has formed a cybersecurity practice to assist businesses in a wide range of industries with preventive strategies, individual and class action litigation defense, insurance assessments for cybersecurity related risks and losses, and regulatory compliance.

The group is headed by Pittsburgh Member Lyle D. Washowich, who is also the Co-Chair of the Banking and Financial Services Group, and Philadelphia Member Stuart T. O’Neal, III who was named Burns White’s first Chief Privacy officer last year. Mr. Washowich focuses his practice in the areas of civil, commercial and complex litigation for clients in the financial services, business and manufacturing sectors, while Mr. O’Neal maintains an active trial practice in commercial, contractual and employment disputes, as well as matters related to medical malpractice on an individual and corporate level.

“An increasing number of our healthcare and banking clients are turning to us for assistance with cyber-insurance policy assessments, internal policies, and federal and state data protection and privacy laws, so offering this service on a more formal level to all of our clients was a natural fit,” said Mr. O’Neal. “As we’re seeing more and more in the news, data breaches can affect any business—no matter the industry—and can be quite damaging to that business if not prepared.”

Initially, Mr. Washowich and Mr. O’Neal will be supported by four associates within the firm.

For more information on the Cybersecurity Group and its services, visit the Cybersecurity page.

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T.H. Lyda quoted in Toxic Tort Claims Over Fracking Create IP Discovery Risk article in Law 360

Member and Co-Chair of the Products Liability and Toxic Tort Group T.H. Lyda was quoted in “Toxic Tort Claims Over Fracking Create IP Discovery Risk” Law 360 article looking at the effects that a recent Pennsylvania ruling against Range Resources may have on future toxic tort claims. Last week, a Washington County judge decided that it was Range Resources’ responsibility to reveal trade secrets, including the makeup of hydraulic fracturing fluids from third-party suppliers, in discovery. Read more of the story here.

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GROUP BLOG: Poorly written social media policies can lead to NLRA violations

For better or worse, social media gives every person a powerful way to express his or her thoughts. Employers have been finding out recently how these expressions can sometimes make things worse for their companies when employees use social media forums, such as Facebook or Twitter, to criticize their co-workers, bosses or the company itself. In his write up for the Employment Law Blotter, Joseph L. Gordon addresses how a poorly written policy can end up violating federal labor law for wrongly restricting what employees can say about their working conditions. Click here to read it.

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Autumn Pividori named Pittsburgh’s 50 Finest 2015 by the Cystic Fibrosis Foundation

Medicare Associate Autumn L. Pividori was recently named Pittsburgh’s 50 Finest 2015 by the Cystic Fibrosis Foundation (CFF). This award honors the area’s most accomplished men and women for their success in their careers and their involvement in the Pittsburgh community. Honorees will be celebrated at a special gala hosted by CFF and WHIRL Magazine on Aug. 13, 2015.

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