Labor & Employment Law, Electronic Discovery

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

by Doug Hass, Christopher A. Johlie | Franczek Radelet P.C. on 5/17/2013

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

Weekly eDiscovery Top Story Digest - May 1, 2013

by Rob Robinson on 5/1/2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

by Katherine R. Hinde, Danielle Kitson, Angelo Spinola | Littler on 3/19/2013

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more

Unfiltered Orange | Weekly eDiscovery News Update – February 27, 2013

by Rob Robinson on 2/27/2013

Recognized nationally in Forbes’ Law and Technology Blog as a leading source of trusted eDiscovery information, Orange Legal Technologies’ Unfiltered Orange newsletter is published weekly to provide legal and technology...more

Social Media Policy: You're Probably Doing It Wrong

by Christopher Hopkins on 1/24/2013

Social Media Policies: You're Probably Doing It Wrong. Test these 9 steps. Special thanks to Palm Beach Bar Bulletin for publishing in their Feb 2013 issue....more

Court Allows Discovery of Private Posts on Facebook

by Angela Bosworth on 1/21/2013

Facebook is a seemingly endless source of juicy intel. As such, I always recommend that users lock down their privacy settings if they want to keep “the man” out of their timeline. Public posts are fair game for employers...more

NEW JERSEY CHANCERY DIVISION DECISION PROVIDES TEXTBOOK EXAMPLE OF HOW NOT TO PART WAYS WITH AN EMPLOYER AND START YOUR OWN...

by Kevin O'Connor on 1/17/2013

In my prior blogs I’ve addressed the legal remedies available to employers when employees violate confidentiality agreements or restrictive covenants, and unfairly compete. A new opinion by Judge Frederic Kessler, P.J. Ch....more

What the Pateaus Scandal Tells Us About Email Privacy

by Christopher Hopkins on 1/10/2013

This article discusses the Patreaus affair from the standpoint of practical email privacy tips for lawyers, law firms, their clients, and families. A brief explanation is provided how emails (or even fake email addresses)...more

Social Media Workplace Policies [Video]

by Miller Canfield on 12/14/2012

Social media has employers and government agencies grappling with ways to address and respond to employees' use -- ranging from recruitment and retention to discipline and discharge. In a video produced by Crain's Detroit...more

Unfiltered Orange | Weekly eDiscovery News Update – December 12, 2012

by Rob Robinson on 12/12/2012

Unfiltered Orange | Weekly eDiscovery News Update – December 12, 2012 Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly...more

Unfiltered Orange | Weekly eDiscovery News Update – Special Technology Assisted Review Backgrounder

by Rob Robinson on 12/7/2012

Technology Assisted Review - Backgrounder Compilation of Articles: February 1 - December 7, 2012 With the increased interest from the legal community on the eDiscovery technique of technology assisted review, provided...more

Unfiltered Orange | Weekly eDiscovery News Update – December 5, 2012

by Rob Robinson on 12/5/2012

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

Attention Employers: Be Careful How You Classify Your Litigation Support or E-Discovery Employees

by Cullen and Dykman LLP on 11/7/2012

On September 24, 2012, United States District Judge Scheindlin, recognized and respected for her e-Discovery related opinions, ruled that a law school graduate who was hired as a $75,000-a-year litigation graphics consultant...more

California Electronic Discovery Act: Part Two

by Robert Freedman - Partner at Tharpe & Howell,... on 10/30/2012

Part Two in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”)...more

Development In Social Media Discovery

by Peter Bauman - Senior Associate at Tharpe &... on 10/30/2012

Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits. Courts don’t like fishing expeditions and will use state and federal laws to deny...more

California Electronic Discovery Act

by Robert Freedman - Partner at Tharpe & Howell,... on 10/23/2012

California’s Electronic Discovery Act was signed into law on June 29, 2009, establishing procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court...more

California Electronic Discovery Act: Part Four

by Peter Bauman - Senior Associate at Tharpe &... on 10/1/2012

Part Four in a multi-part series on the topic. Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the...more

Don’t Forget Social Media During Discovery

by Miller Canfield on 9/20/2012

Social media continues to be important in litigation, especially in cases where the plaintiff alleges damages for emotional distress or mental injury. Courts are increasingly allowing discovery of the plaintiff's social media...more

California Electronic Discovery Act: Part Two

by Peter Bauman - Senior Associate at Tharpe &... on 9/17/2012

Part Two in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”)...more

Second Circuit Holds That Failure To Issue A “Litigation Hold” Will Not Result In Per Se Sanctions And Clarifies Title VII...

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/27/2012

Chin v. Port Authority of New York & New Jersey, No. 10-cv-1904 (2d Cir. July 10, 2012): The Second Circuit Court of Appeals rejected case law holding that the failure to institute a “litigation hold” will per se result in...more

When your Boss is spying on You at Work [Video]

by Lawyers.com on 7/27/2012

An government employee in California found out the hard way that his phone calls to his girlfriend on his work phone were not private. Kent Richland, an attorney in California, explains that each state has its own definition...more

The Coming Tide- The Use of Social Media in Litigation

by John McCarthy on 6/27/2012

Every litigator knows another litigator who has been to battle over discovery of some social media issue. Like it or not, the internet and facebook are here to stay. ...more

Cybercrimes and the Workplace

by Heather Pruger on 6/20/2012

This article discusses that, in addition to civil liability that employment lawyers tend to be alert for in departing employee scenarios, departing employees can also be criminally liable for theft, misappropriation, or other...more

In the Slick of It: Will BP Go Down With an Employee Who Purportedly Deleted Deepwater Horizon Oil Flow-Rate Related Text...

by Mintz Levin on 6/11/2012

While the 24-hour news cycle has long left behind the Deepwater Horizon explosion on April 20, 2010 that resulted in 11 deaths and the largest oil spill in United States history, the government continues to investigate...more

How to Mismanage E-Discovery in a Workplace Investigation: A gender discrimination case demonstrates the need for constant...

by Carlton Fields on 6/6/2012

Originally published on i-Sight.com's blog: “How to Mismanage E-Discovery in a Workplace Investigation.” There’s no such thing as passing the buck when it comes to e-discovery. Although attorneys may assume that they can...more

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Labor & Employment Law › Electronic Discovery

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

Weekly eDiscovery Top Story Digest - May 1, 2013

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

Unfiltered Orange | Weekly eDiscovery News Update – February 27, 2013

Social Media Policy: You're Probably Doing It Wrong

Court Allows Discovery of Private Posts on Facebook

NEW JERSEY CHANCERY DIVISION DECISION PROVIDES TEXTBOOK EXAMPLE OF HOW NOT TO PART WAYS WITH AN EMPLOYER AND START YOUR OWN...

What the Pateaus Scandal Tells Us About Email Privacy

Social Media Workplace Policies [Video]

Unfiltered Orange | Weekly eDiscovery News Update – December 12, 2012

Unfiltered Orange | Weekly eDiscovery News Update – Special Technology Assisted Review Backgrounder

Unfiltered Orange | Weekly eDiscovery News Update – December 5, 2012

Attention Employers: Be Careful How You Classify Your Litigation Support or E-Discovery Employees

California Electronic Discovery Act: Part Two

Development In Social Media Discovery

California Electronic Discovery Act

California Electronic Discovery Act: Part Four

Don’t Forget Social Media During Discovery

California Electronic Discovery Act: Part Two

Second Circuit Holds That Failure To Issue A “Litigation Hold” Will Not Result In Per Se Sanctions And Clarifies Title VII...

When your Boss is spying on You at Work [Video]

The Coming Tide- The Use of Social Media in Litigation

Cybercrimes and the Workplace

In the Slick of It: Will BP Go Down With an Employee Who Purportedly Deleted Deepwater Horizon Oil Flow-Rate Related Text...

How to Mismanage E-Discovery in a Workplace Investigation: A gender discrimination case demonstrates the need for constant...

Social Media Workplace Policies [Video]

When your Boss is spying on You at Work [Video]

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