Americans with Disabilities Act: Reasonable Accommodations
Proposed Rule for Overtime Exemptions Issued by Department of Labor
Most Staffing and Recruiting Industry Non-Compete Agreements Unenforceable
Florida Non-Compete Litigation: Responding to Cease & Desist Letters
Enforcing Florida Non-Compete Agreements
Employee Poaching & Raiding Part II (Absent Restrictive Covenants)
Polsinelli Podcast - What Employers Need to Know About "Off the Clock" Cell Phone Usage
What is a hostile work environment?
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
Whether or not you’re a New England Patriots fan, the news about “Deflategate” seemed to be everywhere, along with opinions regarding the severity (or lack thereof) of the punishment. ...more
As e-discovery issues abound, the increased number of contract lawyers combing through massive document productions for privilege and relevance has developed into a cottage industry in the past decade. Companies helping law...more
Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...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
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
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
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
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
The Delaware Supreme Court recently came to a decision in Wal-Mart Stores Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW to uphold the order given by the Delaware Court of Chancery to require Wal-Mart to give the...more
According to PC Magazine, “[i]n the simplest terms, cloud computing means storing and accessing data and programs over the Internet instead of your computer’s hard drive.” Cloud-based computing has become a very popular tool...more
Hawley v. Mphasis Corp., 2014 WL 3610946 (S.D.N.Y. July 22, 2014).
In this employment discrimination case, the plaintiff moved for sanctions due to defendant’s alleged discovery violations. The plaintiff claimed that...more
Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many companies continue to consider their use as a means to mitigate...more
On July 23, 2014, the Delaware Supreme Court in Wal-Mart Stores, Inc. v. Indiana Elec. Workers Pension Trust Fund IBEW held that plaintiff stockholders, who make a showing of good cause, can inspect documents concerning a...more
Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation...more
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