How to Form an Effective CSIRT
Polsinelli Podcast - What Your Company Needs to Know About Whistleblower Claims
What's Next in Employee Wellness: Impact of the Affordable Care Act and New EEOC Initiatives
How Might Your Company be Affected by West Virginia's Employment Law Changes?
To Be or Not To Be (an Employer)
Polsinelli Podcast - The Climate for I9 Audits in 2015
Correcting Problems With Your Retirement Plan
Jeffrey Koonankeil on How the EPL Landscape is Changing
John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action
Pregnancy In the Workplace...Hot Off the Press
California Becomes Second State To Mandate Paid Sick Leave (AB 1522)
Insights and Strategies on Class Action Litigation from General Counsel and Chief Legal Officers
Understanding the Different Mandates Between Legal and Compliance February 3 2015
Cullen & Dykman Sees Colleges Calling for Title IX Help v
Uncovering the “Why” in FCPA Compliance Issues
Compliance Training for Employees: Trends in GRC
AB1825 Training and Anti-Harassment and Discrimination Training
Corcoran: Infighting on Compensation Costs BigLaw Time and Money
Polsinelli Podcasts - Safely Navigating the ADA, FMLA & Worker's Compensation Laws
Has the Affordable Care Act influenced COBRA? What if my employer fails to offer COBRA?
In recent headlines, the Office of Personnel Management (“OPM”) has begun notifying millions of federal employees that it may have lost their personal information earlier this month in a data breach.
The data breach...more
Long anticipated changes to the Federal Rules of Civil Procedure were approved by the United States Supreme Court on April 29, 2015. Absent congressional action, which is not expected, these new rules will take effect...more
While the question of whether specific records are within a party’s possession, custody or control has been heavily litigated for years, the digital revolution — with the advent of social media, cloud computing and mobile...more
Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more
In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more
Colosi v. Jones Lang LaSalle Americas, Inc., 2015 WL 1186765 (6th Cir. Mar. 17, 2015).
In this wrongful termination case, the plaintiff sought to challenge the bill of costs previously awarded to the defendant. The...more
In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in...more
The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges...more
5 Reasons Employers Should Prohibit Employees From Using Personal Email Accounts - Recently, a political firestorm has erupted as news stories revealed that Former Secretary of State (and likely Presidential Candidate)...more
Hillary Clinton is currently under fire for the use of a personal email account while United States Secretary of State. Mrs. Clinton apparently exclusively (or nearly exclusively) used her personal email account while...more
On March 3, 2015, the front page of the New York Times detailed allegations about an employee who failed to ever obtain a work-issued email account, instead utilizing a personal account solely to conduct all business...more
As we promised previously, we will be keeping you up to date with developments in the General Assembly. The following is an update as to where we stand on labor and employment related legislation....more
On January 18, 2015, two South Hills High School teachers were arrested for allegedly having sexual relations with students at the beach. According to the Orange County Sherriff’s Department, one of the teachers, Melody...more
We are pleased to present the 48th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address the common interest doctrine, the statute of limitations for...more
In This Issue:
..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015
..A. Key Statistics
Pero v. Norfolk S. Ry., Co., 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014).
In this employment law case, the plaintiff filed a motion to compel the production of a video that the plaintiff claimed demonstrated the setting...more
From reliable surveys and less dependable anecdotes in most major markets, including the UK and the US, opinions point to the almost inevitable expansion of BYOD – Bring Your Own Device – as a cost-saving model for employers....more
Did you know that 87% of experienced arbitrators report *always* trying to follow applicable law in rendering an award? That will come as a surprise to many critics who like to complain that arbitrators do not adhere to...more
Kuznyetsov v. West Penn Allegheny Health Sys., 2014 WL 5393182 (W.D. Penn. Oct. 23, 2014).
In this Fair Labor Standards Act case, “[d]iscovery was contentious and the motions practice was excessive. As a result, a...more
Google Required To Produce Emails In Response To Former Employer's Subpoena -
Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) -
Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more
Vicente v. City of Prescott, 2014 WL 3894131 (D. Ariz. Aug. 8, 2014.
In this employment dispute case, the plaintiffs sought a summary judgment motion and motion for sanctions due to the defendants’ “failure to preserve...more
As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more
Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more
Small v. Univ. Med. Ctr. of S. Nev., No. 2:13-cv-00298-APG-PAL, 2014 U.S. Dist. LEXIS 114406 (D. Nev. Aug. 18, 2014).
In this employment law dispute, the court appointed a special master to resolve discovery issues....more
As the Southern District of Ohio recently noted in Brown v. Tellermate Holdings Ltd., “[t]here may have been a time in the courts of this country when building stone walls in response to discovery requests, hiding both the...more
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