Labor & Employment Criminal Law Constitutional Law

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The Supreme Court - June 2016 #5

The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more

The Supreme Court - May 2016 #3

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

DOL Persuader Regulations Expose Every Employer to Reporting Requirements and Disclosures

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

SC Public Policy Update - April 2016

What's New - SENATE - The Senate took furlough this week and did not meet in statewide session. The Senate will reconvene Tuesday, April 5th, at noon....more

Supreme Court Update: Kansas V. Carr (14-449) And Order List

Wiggin and Dana just opened a shiny new office Washington, D.C., but it seems our arrival has been eclipsed by that of another force of nature in the nation's capital. Perhaps anxious to skip town before it's buried, the...more

Arrest Warrant Service is Not "Protected Activity" Under California's Anti-SLAPP Statute

Government Employees and Officials Should Heed Limits of the Statute’s Protections - The anti-SLAPP process can be successfully deployed by government entities, officials and employees in fending off lawsuits brought...more

Reed Smith's Government Contracts Weekly Rundown

1. COMMERCIAL CONTRACTING RULES APPLY TO FEDERAL SUPPLY SCHEDULES - On Tuesday, March 10, 2015, the Court of Appeals for the Federal Circuit reversed and remanded a decision by the Court of Federal Claims, which...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

Riley v. California Advances Individual Privacy Rights in this Digital Age

Employee privacy rights may have received a boost from the U.S. Supreme Court at the end of this year’s term. In Riley v. California, the most recent in a series of criminal search and seizure cases involving technology, the...more

Five Lessons for Employers from California v. Riley

In the waning days of its current term, the U.S. Supreme Court ruled unanimously in California v. Riley that police officers generally violate the Fourth Amendment's prohibition against unreasonable searches by conducting a...more

Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy

The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more

U.S. Supreme Court Cell Phone Privacy Decision Deserves Employer Attention

In a unanimous decision, the U.S. Supreme Court ruled this week in Riley v. California that police generally may not conduct a warrantless search of digital data stored on the cell phone of someone who has been arrested. The...more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

Illinois Supreme Court Strikes Down Illinois Eavesdropping Act's Two-Party Consent Provision

Under the Illinois Eavesdropping Act, a person committed a felony when he or she knowingly recorded an individual without that individual's consent, regardless of whether it was reasonable for the individual to have an...more

Illinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad

The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more

White Collar Watch - March 2014

In This Issue: - SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies - Fourth Circuit decision tolling False Claims Act statute...more

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

NCAA Gives Deference To The U – How Sanctions Against Miami May Affect Future Investigations

In a Twitter world of brief news updates, the NCAA’s tweet at 6:55 AM on October 22nd was blunt, but not unexpected – “Miami failed to monitor activities of a major booster, resulting in a decade of violations.” While the...more

EEOC Cracking Down on Use of Criminal Background Checks

EEOC Cracking Down on Use of Criminal Background Checks by Robert Levy on August 13, 2013 The Equal Employment Opportunity Commission (EEOC) is cracking down on how employers use criminal background checks during the...more

Do Your Employees Have the Proper Legal Training When It Comes to Government Investigations or Inquiries?

There is a general understanding that the Fifth Amendment to the U.S. Constitution gives a person the right not to incriminate him- or herself, and that understanding comes, in large measure, from movies and television...more

Using the Privilege: Fifth Amendment Fundamentals for Corporations

Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and...more

Tennessee Passes Guns in Trunks Law

On March 14, 2013, Tennessee Governor Haslam signed the so-called “Guns in Trunks” law, which will go into effect July 1, 2013. The new law, which will be codified as T.C.A § 39-17-1313, states that handgun-carry permit...more

Escalating Penalties: Alberta OHS Convictions For 2012 – What Can Employers Expect For The Year Ahead?

A person who contravenes Alberta’s Occupational Health and Safety Act, Regulations or Code is liable, for a first offence, to a fine of not more than $500,000 or imprisonment for a term not exceeding 6 months and, for a...more

Records of Potential Off-the-Clock Work Violations: GPS Tracking Devices

Along with the ubiquitous nature of smart phones, employers are increasingly using GPS technology to track company vehicles to determine if employees working on remote job sites are where they are supposed to be and to locate...more

Supreme Court of Canada Decision Demonstrates the Importance of Workplace Computer Policies

In R. v. Cole, 2012 SCC 53, the majority of the Supreme Court of Canada ruled that it was unconstitutional for the police to search the workplace computer of a high school teacher without a warrant. The Supreme Court held...more

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