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Privacy

Welcome to the Marshall Dennehey web site hosted at marshalldennehey.com (the "Site"). This Privacy Policy ("Policy") details the information that may be collected by Marshall Dennehey as you use the Site and how that information may be used. By using the Site, you indicate that you, the User, understand and agree to this Policy.

Marshall Dennehey reserves the right to update the Policy at any time by publishing a new version of the Policy to the Site. Your continued usage of the Site after a revised Policy is published will indicate your assent to the revised terms of the Policy.

Personal Information

Our Site collects personal information such as your name, address, email address, phone/fax number and company that you voluntarily provide.We also gather information regarding your preference for which newsletters and/or publications you would like to receive, as well as your preferred delivery method (direct mail or email). Personal information gathered on the Marshall Dennehey Site (marshalldennehey.com) is used only for internal purposes such as marketing, signing up to attend a conference/seminar, and newsletters.

We reserve the right to share this information with certain organizations. We will share only the minimum amount of information required for a requested service. These organizations will make their best efforts to adhere to this policy. However, Marshall Dennehey cannot be held responsible for any breach resulting from actions or policies of these organizations.

Marshall Dennehey will also share this information when necessary to comply with a court order or other legal obligation.

Update, Opt Out, or Delete

Inputting personal information is 100% voluntary and is not required to visit our Site. However, certain services or information, such as newsletters, will not be available to you should you choose not to provide this information.

You may opt out of receiving communications from us at any time by emailing MarketingDepartment@mdwcg.com, or by sending direct mail to:

Marshall Dennehey
Attn: Marketing Department
2000 Market Street, Suite 2300
Philadelphia, PA 19103

You may also update your information or request that your information be deleted by using either of these delivery methods.

Technical Information

Like most other sites, Marshall Dennehey automatically collects certain information when you access our Site. This includes your Internet Protocol (IP) address, geo-location data, what browser you are using, and which pages you visit on our site. Marshall Dennehey only has access to a scrambled, anonymous version of your IP address through third-party software. We do not have access to your actual IP address. This information is used to monitor how well our website is functioning and to make improvements as needed.

Our Site also uses Cookies, which are small text files downloaded by your computer or device that track your preferences, help with log in and help make navigating our Site faster. For more information about Cookies, please visit http://www.allaboutcookies.org/.

Your browser likely has instructions on how to disallow Cookies. Please note that disallowing Cookies will negatively affect your navigation of certain sections of our Site.

Territoriality

Our Site and data are hosted in the United States, and as such are governed by data protection and privacy regulations different from other countries such as the European Union. Therefore, any personal information you voluntarily submit, and any technical information gathered automatically by our Site, will be transferred out of your country and into the United States. By visiting this Site, you are consenting to your personal and technical data being governed by United States law.

Rights Under the GDPR

Visitors to our Site from the European Union have certain rights under the General Data Protection Regulation ("GDPR"). These include but are not limited to:

  • Right to access all of the personal information we have about you;
  • Right to request that our firm delete all personal information we have collected when it is no longer needed;
  • Right to withdraw your consent to use your information at any time; and
  • Right to request that decisions about the use of your data not be subject to automated processes.

To exercise these rights, please send an email to MarketingDepartment@mdwcg.com. We will make every effort to respond to your request in a timely manner.

Notice to Minors

Our website is not intended to be accessed by any visitor under the age of 18. If you are under 18 years of age, do not send any personal information to us through this website or any other means.

Security

Marshall Dennehey will take reasonable precautions to safeguard against unauthorized release of or access to personal information entered on the Site. However, subject to any state or federal laws and regulations, Marshall Dennehey cannot guarantee the security of, and hence is not responsible for, any personally identifiable information transmitted via the Internet.

External Links

From time to time, the Site may contain links to other Web sites or resources. Marshall Dennehey is not responsible for the content or privacy policies of these sites, and the presence of these links does not imply endorsement of any products or services provided by the site owners.

Updates to this Policy

Our firm will occasionally update this policy as needed. This Privacy Policy will supersede all previous versions.

DISCLAIMER: Accessing Our Website Does Not Make You a Client.

The information on our website is intended only for general information, not to replace legal advice. Accessing this Site, or providing personal information, does not create an attorney/client relationship with us. If you require legal services, we would be pleased to discuss your needs, or we recommend you contact your local bar association.

Additional Questions or Information

Questions or comments related to this Policy can be directed to MarketingDepartment@mdwcg.com.

Firm Highlights

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.