Labor & Employment Electronic Discovery

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Party’s Willful Destruction of Data Did Not “Optimize” the Case for Dismissal

Ericksen v. Kaplan Higher Educ., LLC, No. RDB-14-3106, 2016 WL 695789 (D. Md. Feb. 22, 2016). Where a plaintiff “willfully [ran] a computer program that she knew, given her computer expertise, would destroy at least some...more

Court Holds Personal Data Discoverable for a Work Related Claim (New York)

Sunderland v. Suffolk Cty., 2016 U.S. Dist. LEXIS 77212 (E.D.N.Y. June 14, 2016) - In this civil rights case, the plaintiff motioned the court to compel the defendants “to search for and produce certain documents from...more

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more

Mobile Device Privacy Considerations for Employers

The use of mobile devices in the workplace, including cell phones, tablets, and other devices, has generated significant risks for employers, both in terms of data security and of litigation strategy. Access to these devices...more

E-Discovery Update: Working 9 to 5 and Proving It

Class action lawsuits under the Fair Labor Standards Act (FLSA) involve unique discovery issues. Plaintiffs in these suits often propound burdensome discovery requests seeking login and logoff records from numerous...more

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more

Adverse Inference Instruction Issued in Light of Newly Amended Rule 37(e) (Florida)

Brown Jordan Int’l v. Carmicle, 2016 WL 815827 (S.D. Fla. Mar. 2, 2016) - In this wrongful termination case, the defendant employee sought the return of his personal laptop from the company plaintiffs, who refused to...more

Further Assistance to Help Rein In Employee Lawsuits: Key Amendments to Court Rules on Discovery in Litigation

On December 1, 2015, several amendments to the Federal Rules of Civil Procedure took effect. While some changes are rather minor, others are expected to have a significant impact on litigation in federal court. Lawyers have...more

OSHA Announces National "Step-Up for Safety" Campaign for Upstream Industry

On February 19, 2016, OSHA announced the 2016 Step-Up for Safety Campaign to raise awareness about hazards in the oil and gas industry. The campaign is a joint effort among OSHA, the STEPS Network, and NIOSH....more

Top Considerations When Building BYOD Policies

In a recent article, my Kroll Ontrack colleague Vikas Pall wrote about the growing concerns over bring your own device (BYOD) policies. Today’s employees integrate their personal and professional lives, and the use of...more

Three Things Every Employer Should Know About E-Discovery

E-discovery. If this word strikes terror into your heart, you are not alone. Already a formidable task, discovery became exponentially more onerous with the advent of modern technology. Instead of just looking through a file...more

Plaintiff Lacks Control of Employees’ Personal Accounts, Motion to Compel Denied (California)

Matthew Enter. v. Chrysler Grp., 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015) - In this case, the defendant moved to compel additional ESI, including emails from employees’ corporate Gmail accounts and financial documents....more

Best Practices: Keeping Corporate Communications Professional And Out Of The Courtroom

Corporate communications occur primarily electronically. It is important for companies to ensure these communications stay where they belong — within the company, not broadcast in a courtroom where a judge or jury can inject...more

Advanced Cyber Security Center Panel Explores Reasonableness in Cybersecurity

I had the pleasure of moderating an excellent panel at the Advanced Cyber Security Center’s annual conference on November 4. The panel’s topic for discussion was “What is Reasonable in Cybersecurity: Responsibility and...more

Data Subject Access Requests

A number of individuals made a data subject access request (DSAR) to a law firm for disclosure of all data held about them. It was accepted that the DSAR was made in the context of litigation, with a view to obtaining early...more

No Matter Where You Go, There You Are: How Employee Movements Cause Major E-Discovery Risk

We lose things. Keys, phones, remotes. When I was a kid, if I told my mom that I couldn’t find something, she’d reply, “If I go in your room and find it, you’ll be in big trouble,” so I’d rush back in and look everywhere...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

Middle Market Company Focus: Avoiding Emails that Hurt or Embarrass Your Company

Email communication is vital to just about every business. But in-house counsel know that what employees write in an email can come back to haunt their company. Womble Carlyle attorney Meredith McKee and Carolinas...more

The Big Move Toward Big Data in Employment

The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever...more

Business Litigation Alert: "Deflategate and Litigation - Lessons for Businesses"

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

Cybersecurity Update - July 2015

Employees are the front line of your information security defense. While technological protections are essential (for example, anti- virus software, firewalls, spam filters, etc.), none are as effective as a vigilant end...more

It May Be A Lawyer Doing Work At A Law Firm…But Don't Call It 'Legal Work'

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

FTC's New Consumer Data Security Guidance Offers Businesses Practical Tips

The Federal Trade Commission has issued new guidance on data security for companies that collect, store and use consumer information, gleaned from the more than 50 enforcement actions brought by the agency over the past...more

Necessary Ingredients for Sound Legal Holds

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

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