Cynthia A. Augello

Cynthia A. Augello

Cullen and Dykman LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

N.J. Court Rules: Texters Can Be Found Liable For Texting And Driving From Their Living Room—The Implications For E-discovery

Locals were stunned when a New Jersey Appeals Court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text...more

10/17/2013 - Car Accident Distracted Driving Texting

Girl Banned From Football Because Of Her Gender

Title IX requires that schools receiving public funding must allocate those funds equally between male and female educational programs such as extracurricular sports. Since its passage over 40 years ago, Title IX has mandated...more

9/30/2013 - Gender Discrimination Public Schools Sex Discrimination Sports Title IX

When Cleaning Up Your Facebook Can Lead To Dirty Consequences

In preparation for trial, a lawyer might advise a client to dress or act a certain way in order to improve his or her appearance in the court room. For instance, a lawyer might advise a client to appear in court wearing...more

9/20/2013 - Evidence Facebook Legal Ethics Social Media

Committee Proposes “Specificity Requirement” To Federal Rule Of Civil Procedure 34 (b)

What kind of impact can be expected from the “Proportionality Discovery Proposals?” These Proportionality Discovery Proposals refer to the proposed amendments to the Federal Rules designed to balance the benefits of...more

8/5/2013 - Discovery Proportionality Proposed Regulation

Chicago School Closings Update

The injunction hearing regarding the closings of around 50 Chicago Public Schools began Tuesday July 16 and continued through Friday July 19, 2013. ...more

7/31/2013 - Department of Education Education Budget Education Reform Public Schools

Hitler A Part Of The Justice League?

As part of a long-standing tradition, freshman art students at Thailand’s premier Chulalongkorn University designed a mural for the graduating class....more

7/29/2013 - Artists First Amendment Student Speech Students Universities

Math Test Equals Strip Search? It Just Doesn’t Add Up

Recently in Quebec, a high-school staff stripped searched a class of twenty eight sophomores before a math exam. ...more

7/19/2013 - Canada Fourth Amendment Public Schools Strip Searches Students Warrantless Searches

Chicago School Closings Unlawful?

With summer coming to an end, parents and children alike often worry about the upcoming school year: new teachers, new classrooms, a whole new experience....more

7/18/2013 - Deadlines Disability Public Schools Students Teachers Unions

Higher Insurance Premiums For Smokers And The Obese

The perils of smoking and obesity have long been the topic of conversation in doctors’ offices and between nagging family members. However, employers are jumping on the bandwagon by imposing higher health insurance premiums...more

4/9/2013 - Affordable Care Act Employer Group Health Plans Healthcare Obesity Penalties Premiums Smokers

Dodgeball Eliminated From New Hampshire School

Do you recall your childhood days of playing dodgeball during gym class? Leaping to the left and right, diving to the ground, trying to escape elimination while dodgeballs streak past and constantly plotting your next attack....more

4/9/2013 - Bullying Human Targetting Public Schools School Safety Sports

Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery. We find ourselves always checking the cases in our CLE entitled “Electronic...more

4/9/2013 - Discovery Document Productions Electronically Stored Information Evidence Record Preservation Sanctions Spoliation Zubulake

Litigants: Are You Abiding By The New ABA Rules Regarding Legal Technology?

On August 6, 2012, the American Bar Association’s (“ABA”) House of Delegates voted to amend the comment to its Model Rule of Professional Conduct (“MRPC”) Rule 1.1, which governs lawyer competence. In amending Rule 1.1 the...more

3/29/2013 - ABA Legal Ethics Technology

The Supreme Court Issues A Decision In Kirtsaeng v. John Wiley & Sons Inc,

Following up on our previous blog post addressing Kirtsaeng v. John Wiley & Sons Inc., the Supreme Court recently held, in a 6-3 decision, that the “first sale” doctrine applies to works produced and sold overseas. The...more

3/28/2013 - Copyright Exports First Sale Doctrine Grey Market Imports Kirtsaeng v. John Wiley & Sons SCOTUS

Age Discrimination Claims Under The Equal Protection Clause? The Supreme Court Will Decide

The Supreme Court recently granted certiorari to consider the question of “[w]hether the Seventh Circuit erred in holding, in an acknowledged departure from the rule in at least four other circuits, that state and local...more

3/28/2013 - ADEA Age Discrimination Discrimination Equal Protection SCOTUS

Second Circuit Adopts EEOC’s Rule On Harassment By A Nonemployee

In a recent opinion, the Second Circuit adopted the Equal Employment Opportunity Commission’s (“EEOC”) rule imputing employer liability when a worker reports harassment by a nonemployee. The case, Summa v. Hofstra Univ., 2013...more

3/14/2013 - Adverse Employment Action EEOC Harassment Non-Employees Retaliation

Breakfast Pastry Turned Gun

Traditional notions of innocent playground antics have been irreparably altered as a result of recent tragic events, such as the shooting at Sandy Hook Elementary School. Games of “cops and robbers” may become schoolyard...more

3/14/2013 - Mass Shootings Public Schools Students Zero Tolerance Policies

Breast Cancer Awareness Bracelets And The First Amendment – Revisited

In February 2012 we discussed the turmoil that had erupted at schools across the country as students donned breast cancer awareness bracelets with the slogan “I (Heart) Boobies”. The bracelets were quickly banned after school...more

3/7/2013 - Dress Codes First Amendment Free Speech Public Schools

Electioneering In Math Class

Politics in math class? Students at Brevard Community College were not only directed to solve mathematical equations but told who they should vote for in the presidential election. Sharon Sweet, a professor at the college,...more

3/4/2013

Teacher’s Comments About The First Lady Land Him In Hot Water

Bob Grisham, an Alabama high school teacher, has been suspended for 10 days without pay as a result of making comments referencing the first lady’s posterior. Grisham’s remarks including referring to the first lady as “fat...more

2/28/2013 - First Amendment Free Speech Public Schools School Suspension Teachers

Notice To Litigators: Requests For Social Media Must Be Made During Discovery

On October 3, 2012, Suffolk County Supreme Court Justice Hector D. LaSalle reminded litigators of the importance of following proper discovery practice when requesting social media content....more

2/6/2013 - Discovery Social Media

Elvis Presley Song Lyrics Causing Trouble In 2013?

Elvis Presley certainly stirred up controversy in the 1950s but who would have thought that his songs would create an uproar in 2013. A Utah school district nearly canceled a production of “All Shook Up” after finding that...more

1/16/2013 - First Amendment Free Speech School-Sponsored Speech Student Speech Students

S.D.N.Y. Sanctions Ryan Leslie For Negligently Destroying His Laptop’s Hard Drive

It is not really a surprise when a celebrity makes the news after being sued; we see it happen all time. Those cases typically involve some sort of misconduct, domestic issue, or some other media-driven dispute. It is not...more

12/17/2012 - Evidence Negligence Rewards Sanctions Spoliation

Student Awarded $1 Million In Student Harassment Case Against School District

On December 3, 2012, the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision that the Pine Plains Central School District violated Title VI of the Civil Rights Act of 1964....more

12/13/2012 - Bullying Discrimination Harassment Racial Discrimination Students Title VII

Message To Employers: When Terminating An Employee Never Mention Anything Relating To The Employee’s Age

Employers should carefully prepare what they say to employees who they intend to terminate before actually saying it. Often, employers use terms that should be excluded from their vocabulary when in those delicate situations....more

12/10/2012 - ADEA Age Discrimination Discrimination Hiring & Firing Termination

Idaho Court Warns Plaintiff That Their Litigation Hold Policies Are “Clearly Unacceptable”

Scentsy, Inc. v. B.R. Chase, L.L.C., et al, 2012 U.S. Dist. LEXIS 143633 (D. Idaho Oct. 2, 2012). Our e-discovery department has often expressed concern regarding the importance of when and how to preserve potentially...more

11/14/2012

25 Results
|
View per page
Page: of 1