Kate M. Swearengen presents at the ABA Labor and Employment Law Section, Committee on the Development of the Law Under the NLRA’s 2019 Midwinter Meeting in Santa Monica, California

February 26, 2019

Kate M. Swearengen will present at the ABA Labor and Employment Law Section, Committee on the Development of the Law Under the NLRA’s Midwinter Meeting in Santa Monica, California on February 26, 2019.  She and her co-presenter, former National Labor Relations Board member Harry I. Johnson, III, will discuss their tips for practitioners handling National Labor Relations Act discrimination/retaliation cases in a presentation titled “Whose Burden is it Anyway?  East End Bus Lines and the Nexus Element under Wright Line.”

CWS Client Prevails on Appeal to Second Circuit of Decision Upholding Benefit Denial Based On Fraud

December 26, 2018

On December 26, 2018, the United States Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a business owner’s lawsuit against CWS clients, the Teamsters Local 282 Trust Funds, seeking benefits for which the owner failed to qualify due to his fraudulent behavior.  During an earlier lawsuit, the business owner admitted that he had paid employees in cash to avoid reporting their work hours to the Funds.  The Funds’ trustees also learned that the owner had remitted contributions on behalf of himself for work in employment covered by the collective bargaining agreement that he had not actually performed.  Based on this information, the trustees banned the owner from receiving health coverage and disregarded hours he had reported in an attempt to qualify for pension benefits.  The district court, applying de novo review, agreed with the trustees’ decisions, noting that the health plan’s fraud provision allowed for the ban and that the owner had failed to produce documents showing that he had performed work required to qualify for pension benefits.  The Second Circuit filed a Summary Order affirming the district court’s decision on December 26, 2018.  CWS attorney Tzvi N. Mackson represented the Funds in this matter.  The district court decision can be found here and the Second Circuit Order can be found here.

 

Cohen, Weiss and Simon LLP partner Peter DeChiara is quoted regarding the interplay of labor law and bankruptcy law in Daily Labor Report article entitled “Icahn-Trump Memo Revives Whether Bankruptcy Can Kill Union Pacts.”

January 2019

Cohen, Weiss and Simon LLP partner Peter DeChiara is quoted regarding the interplay of labor law and bankruptcy law in Daily Labor Report article entitled “Icahn-Trump Memo Revives Whether Bankruptcy Can Kill Union Pacts.” A link to the article can be found here (https://news.bloomberglaw.com/daily-labor-report/icahn-trump-memo-revives-whether-bankruptcy-can-kill-union-pacts).

 

Air Line Pilots Association Honors Michael Abram and Robert Savelson

Air Line Pilots Association Honors Michael Abram and Robert Savelson

At a recent, October session of the ALPA Board of Directors, the Air Line Pilots Association, by acclamation adopted resolutions granting honorary membership to Cohen, Weiss’s senior counsel Michael Abram and partner Robert Savelson for their long and important service to ALPA and to the pilots.  Between the two of them, Mike and Bob have served ALPA for more than 90 years.  In the entire history of the Association since the mid-1930s, only six honorary memberships had previously been awarded—one of which was to one of the firm’s founders, Henry Weiss.

Cohen, Weiss and Simon LLP Honored as a Champion of Economic Justice by Brandworkers

November 13, 2018

On November 13, 2018, Cohen, Weiss and Simon LLP was honored as a Champion of Economic Justice at Brandworkers’ annual Awards Dinner.  Brandworkers is a member-led organization of workers in the local food production industry organizing for better jobs and a just food system.  Brandworkers choose to honor CWS because “the firm has distinguished itself as a leading partner of labor unions, community organizations,  and every day working people across the economy,” and its attorneys “have taken on some of the most egregious violators of workers’ rights.”  We were proud to share the stage with fellow honorees Lorelei Salas, the Commissioner of the NYC Department of Consumer Affairs, and Rosario Ramirez, an organizer for worker justice and safety in the NYC food industry.

Stephen B. Moldof will be a featured panelist at the 12th Annual ABA Labor & Employment Law Section Conference in San Francisco, CA

November 7-10, 2018

Stephen B. Moldof will be appearing on a panel at the ABA Labor & Employment Law Section’s 12th Annual Conference on November 8, 2018 in San Francisco, CA.  Mr. Moldof will participate in the “Collateral Damage? Legal Developments Surrounding Fair Share Arrangements and Implications on the Railway Labor Act” panel that will discuss the Supreme Court’s recent decision in Janus v. AFCSME Council 31 and its implications.

https://www.americanbar.org/content/dam/aba/events/labor_law/2018/AnnualConference/LEL12thConBrochure.pdf

 

Stephen B. Moldof was a featured panelist at the Institute for Law and the Workplace Annual Members’ Conference on Drugs in the Workplace at Chicago-Kent College of Law

October 19, 2018

 

Mr. Moldof participated in a panel discussion on “Drugs in the Workplace” at the Institute for Law and the Workplace’s Annual Members’ Conference on October 19, 2018 at Chicago-Kent College of Law alongside Professor William Sonnenstuhl of the Cornell ILR School and Roger King, Senior Labor and Employment Counsel from the HR Policy Association.

 

 

An article by CWS ERISA attorney Erika M. Medina on the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) is featured in the New Jersey Lawyer magazine October 2018 issue

 

Erika M. Medina authored an article titled “Unable to Exhale: CUMMA and Federal Healthcare Regulation”.  This article first appeared in the October issue of the New Jersey Lawyer Magazine and is reprinted here with permission.  The article discusses the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) and reviews the issues faced by health plans considering whether to provide coverage for medical marijuana.  Ms. Medina is a member of the Cannibas Law Committee of the New Jersey State Bar Association.

 

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