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The Supreme Court - April, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases today: McLane Co. v. EEOC, No. 15-1248: Damiana Ochoa filed a discrimination charge against petitioner McLane Co. when she was terminated after...more

The Supreme Court - March, 2017 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927: Petitioner SCA Hygiene Products Aktiebolag (“SCA”) brought a...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

by Best Best & Krieger LLP on

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

The Landmark Defend Trade Secrets Act of 2016

by Morgan Lewis on

The Defend Trade Secrets Act of 2016 (DTSA) amends the Economic Espionage Act of 1996, which provides for federal criminal penalties for foreign economic espionage and trade secret theft and adds new federal civil trade...more

DOL Persuader Regulations Expose Every Employer to Reporting Requirements and Disclosures

by Morgan Lewis on

All employers should examine their use of labor and employment service providers to mitigate unwanted disclosure of fees paid to such providers. To protect confidentiality and the integrity of the attorney-client...more

The Art of Self Defense

Corporate compliance programs come in all shapes and sizes and apply whether your company is privately owned or publicly traded. These internal controls take the form of accounting and audit procedures,...more

Witnesses — Tell The Truth or Risk Being Prosecuted for Perjury

In a kind of bizarre turn of events, a woman in Houston, who testified about her duties in an FLSA misclassification case, was convicted for perjury. That’s right—she has pled guilty for testifying under oath that she...more

The Supreme Court - March 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases on March 1, 2016: Gobeille v. Liberty Mut. Ins. Co., No. 14-181: Respondent Liberty Mutual Insurance Company, which has an “employee welfare benefit...more

Cybersecurity and Data Privacy and E-Discovery and Information Management: Second Circuit Draws Line Between Employees and Hackers...

by Bond Schoeneck & King PLLC on

Employers in New York face a heightened hurdle to holding employees legally accountable for theft and other misuse of company data after the Second Circuit’s recent decision in United States v. Valle. The Court has held that...more

The “Cannibal Cop” and Protection of Computerized Data

In an unusual criminal case, the Second Circuit Court of Appeals recently weighed in on an important question at the intersection of employment law and data security. The decision will likely have implications wherever...more

N.D. Ill. Expands Definition of Protected Activity Under Ill. Whistleblower Act

On October 29, 2015, the Northern District of Illinois concluded that an employee who called police regarding suspected shoplifting—in violation of company policy—succeeded in proving a claim under the Illinois Whistleblower...more

Will The CFAA, An Old Anti-Hacking Law, Apply To Password Sharing?

by King & Spalding on

David Nosal, an ex-employee of Korn Ferry International (“KFI”), convinced some of his former colleagues to download source lists from KFI using their log-in credentials and the log-in credentials of another employee. In...more

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

Ninth Circuit Concludes that Conviction Precludes Relator Recovery

by Dorsey & Whitney LLP on

The Ninth Circuit last week held that pursuant to 31 U.S.C. 3730(d)(3) of the False Claims Act (“FCA”), a qui tam relator who is convicted of conduct giving rise to the fraud that is the subject of the FCA lawsuit must be...more

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to...more

New Jersey Supreme Court Confirms Aspiring Whistleblowers Can’t Help Themselves to Confidential Documents

by Seyfarth Shaw LLP on

In a pivotal decision with broad implications for aspiring New Jersey whistleblowers, yesterday the New Jersey Supreme Court affirmed the Appellate Division’s finding that no qualified privilege exists to protect an employee...more

Locke Lord QuickStudy: SJC Adopts New Lower Standard for Motions to Seal Criminal Records

by Locke Lord LLP on

The Supreme Judicial Court (SJC) recently revisited a nearly 20 year old opinion that imposed an onerous burden of proof on former defendants trying to seal their criminal records in the Commonwealth. Previously,...more

Supreme Court Hears Argument On Two Procedural Issues In False Claims Act Litigation

by King & Spalding on

On January 13, 2015, the United States Supreme Court heard oral argument in Kellogg Brown & Root v. United States ex rel. Carter, No. 12-1497, a False Claims Act (FCA) qui tam case involving allegations of fraudulent billing...more

Not All Vice Presidents Are Officers and Entitled to Corporate Indemnification

by McDermott Will & Emery on

Aleynikov v. Goldman Sachs Grp., Inc. - Addressing the meaning of the term “officer” in a company’s bylaws, the U.S. Court of Appeals for the Third Circuit vacated a district court’s summary judgment that a computer...more

To Catch an E-Thief — Under Federal Property Law

by Dorsey & Whitney LLP on

As businesses move away from paper documents, courts are poised to broaden ‘conversion’ definition. The fundamental shift for busi­nesses in the past 15 years from paper documents to computer data has forced the courts...more

False Claims Act Update

by King & Spalding on

New Criminal Division Review Process for Qui Tam Complaints Expands Main Justice Involvement and Threatens Greater Criminal Exposure in Whistleblower Investigations. The Assistant Attorney General for the Criminal...more

The Police Have The Right To Remain Silent Too: The Supreme Court Rules On The Disclosure Of Police Reports Under The FOIA

The Connecticut Supreme Court has resolved an intense debate about what law enforcement agencies are required to release with regard to arrest records and associated reports. This decision could affect the ability of school...more

Are supervisors able to assess impairment? Drug driving decision suggests so

by Dentons on

A recent Ontario decision suggests that laypersons - such as supervisors – may assess whether a person is impaired from drugs or alcohol, and their assessment will be considered in legal proceedings. In a “drug...more

"Pay Me, Or Else…": California Court Rules Employee's Pre-Litigation Qui Tam Threat is Extortionate

by Littler on

A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v....more

D.C. Appeals Court Upholds Privilege For Internal Investigation Preceding False Claims Act Litigation

by JD Supra Perspectives on

The KBR decision should not be interpreted as a sign that internal investigations of regulatory compliance are privileged per se. Companies should keep the following principles in mind when conducting any internal...more

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