By Evan Crook, Esq. When considering the separation of an employee, whether by virtue of layoff, discipline or otherwise, an employer’s primary concern is finality. You want the matter to be over. Finality necessarily includes ensuring that the separated employee does not make any statements or take any actions that would adversely affect the employer’s operations, interests and reputation after a separation agreement has been reached. A government employer’s interests in this regard could be said to be even higher,…

By Maggie McHugh In a recent precendential case involving a workplace claim of sexual harassment, the Third Circuit confirmed proxy theory of liability in employment claims, holding that the Supreme Court “did not intend for the Faragher/Ellerth defense to be available where the supervisor responsible for [the alleged] harassment was a proxy for the organization-employer.” Where Faragher drew a distinction between vicarious lability and proxy lability, O’Brien validates arguments for proxy liability in Third Circuit litigation. This new development should…

By Thomas Hastie, Esq. As we head into 2023, municipal finance professionals have another decision point to consider as they prepare to sell short-term financial obligations: whether to utilize an Official Statement. Every municipality in New Jersey prepares an Official Statement when it sells long-term bonds on its own. And it has been documented that using an Official Statement in the sale of municipal securities can be expected to increase the number of bidders and reduce the interest rate. But…