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James G. Ryan

James G. Ryan

Cullen and Dykman LLP


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Transgender Youth Barred From Girls’ Restroom

Coy Mathis, born a male, has identified as a female since the age of 18 months. Now at six-years old she must confront issues that far exceed the normal trials and tribulations of the first grade classroom. Coy has dressed in...more

3/11/2013 - Disability Discrimination Discrimination Dress Codes Freedom of Expression Gender Discrimination Public Schools Title IX Transgender

E-Discovery Of Digital Images And Video

Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life. Not only can these devices guide you through the vast array of potential...more

3/11/2013 - ESI Record Preservation Video Recordings Zubalake v UBS

New York’s Two Prong Analysis For Production Of Social Media

Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis...more

3/7/2013 - Discoverable Motion to Compel Social Media

Unemployment: New Basis For Discrimination Under Proposed Law

The New York City Council has recently taken steps to expand anti-discrimination laws by prohibiting employers from discriminating against job applicants on the basis of their employment status. If enacted, Bill 814-A would...more

2/28/2013 - Discrimination Hiring & Firing Job Applicants Unemployment Discrimination

Court Awards Defendants $2.8 Million In Computer-Assisted Review Fees

On February 1, 2013, District Judge Anthony J. Battaglia for the Southern District of California awarded the prevailing parties over $12.4 million in attorneys’ fees; $2.8 million of which were related to fees generated from...more

2/28/2013 - Algorithms Attorney's Fees Bad Faith Compensatory Awards Discovery Electronically Posted Documents ESI Fees Vendors

The Pledge Of Allegiance . . . Translated?

Standing in class, staring up at the American flag, placing your right hand over your heart, and reciting the Pledge of Allegiance, this is a memory we can all recall from childhood. Recently, however, a cloud of controversy...more

2/26/2013 - Free Speech Pledge of Allegiance Student Speech

Taken Out Of Context: The Danger In Employee Emails

Imagine walking past a conversation between your supervisor and another manager in which you hear the supervisor say “it’s really terrible” and the manager replies “yeah, we really need to cut back, but it’s going to be...more

2/11/2013 - Electronic Communications Email Financial Services Authority Libor

Are Courts Reluctant To Grant Summary Judgment In Hostile Work Environment Cases?

The Second Circuit has recently reiterated its hesitancy to permit summary judgment in hostile work environment claims that present ambiguities as to the sufficiency of plaintiff’s case. In Rivera v. Rochester Genesee Reg’l...more

2/4/2013 - Discrimination EEOC Evidence Hostile Environment National Origin National Origin Discrimination Race Race Discrimination Retaliation Summary Judgment Title VII

Cyber-Attack

Imagine the power grid shutdown, transportation at a standstill, and a contaminated water supply all occurring at once. These collective disasters Janet Napolitano, United States Homeland Security Secretary, cautioned, could...more

1/28/2013 - Cybersecurity HHS Janet Napolitano

The Department Of Education Requires That School Sports Be Open To The Disabled

Over 40 years ago, Title IX mandated that schools balance the resources allocated to men’s and women’s educational programs including extracurricular sports. The sweeping overhaul dramatically improved the athletic...more

1/28/2013 - Department of Education Disability Reasonable Accommodation Sports

Supreme Court Decides Kloeckner v. Solis

On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute...more

1/25/2013 - Administrative Appeals Appeals Civil Service Reform Act Discrimination DOL EEOC Federal Employees Judicial Review Kloeckner Merits Systems Protection Board Mixed Motive Cases SCOTUS Split of Authority Subject Matter Jurisdiction Termination

How To Navigate Social Media Discovery In New York

With the increased use of social media, the laws regarding such have been evolving. Discovery of social media has become routine and can be extremely helpful during the discovery phase of litigation. Now that the use of...more

1/22/2013 - Discovery Evidence Presumptively Relevant Social Media

Fourth Circuit Rules Emails Sent From Husband’s Work Address To His Wife Are Not Privileged

On December 13, 2012, the Fourth Circuit found that emails sent from a husband to a wife were not protected by the marital privilege because they were sent from his work computer....more

1/16/2013 - Bribery Extortion Marital Communications Privilege Work Computer

OCA Proposes Amendments To Extend The Discussion Of E-Discovery Issues To Non-Commercial Division Cases

In a memorandum issued on January 7, 2013, the New York Office of Court Administration (“OCA”) proposed amendments to both the Uniform Rules of the Trial Courts (22 NYCRR § 202.12(b) and (c)(3)) and the Rules of the...more

1/15/2013

Anti-Semitic Bullying Claim Survives Motion To Dismiss

Eastern District Judge Arthur Spatt recently denied Northport-East Northport Union Free School Districts’ motion to dismiss in a case brought by a Northport High School student who had been subject to anti-Semitic taunts and...more

1/8/2013 - Deliberate Indifference Discrimination Equal Protection Harassment Motion to Dismiss Religious Discrimination Students

The Southern District Sends FLSA Claims To Arbitration

A recent ruling from the Southern District of New York provides further clarification regarding the use of arbitration clauses in employment agreements. On December 4, 2012, District Judge Barbara S. Jones granted UBS AG’s...more

12/21/2012 - Arbitration Arbitration Agreements AT&T Mobility Class Action Class Action Arbitration Waivers Employment Contract FINRA FLSA Investment Adviser Statutory Rights UBS

Students First Amendment Rights And The Schoolhouse Gate.

The ability of school officials to limit student free speech has been a matter of significant debate since the seminal case of Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). In Tinker the...more

12/21/2012 - Free Speech Social Media Students

The Problem With Keyword Searches: Not Everyone Can Spell

It has been over a year since the verdict in the trial of Casey Anthony, a mother who was accused of murdering her two-year-old daughter, Caylee. The acquittal was widely covered in the media due to strong emotional...more

12/10/2012 - Keyword Search

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