Testimony

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SCOTUS Affirms Right to Blow Your Whistle in Public Sector

There has long been tension in the public sector regarding an employee’s duties as an agent of the state and his or her right as an individual to freedom of speech. In a decision handed down in June of 2014, the United States...more

Notes taken post-accident can lose privilege if used to refresh memory, court decision suggests

Privileged notes taken by a witness – or by the employer from a witness – after a workplace accident may cease to be privileged if used by the witness to prepare to testify in court, a recent court decision...more

First Amendment Protects Public Employees Who Give Truthful, Sworn Testimony Outside The Scope Of Their Ordinary Job Duties From...

In Lane v. Franks, et al, Edward Lane was discharged as a program director at a state college after testifying in a criminal, public corruption case against an Alabama State Representative. Lane had previously discharged the...more

Psychology In the Courtroom - Is Social Science "Common Sense" or a Tool to Correct Juror Misconceptions?

The Pennsylvania Supreme Court recently issued two decisions regarding the use of social science experts in criminal cases. As noted by University of Pittsburgh law professor David Harris, however, the opinions appear to...more

The Federal Victim-Witness Act

If you or someone you know has been the victim of a crime, or if you have been called to testify before a federal grand jury or trial, you may have questions about what you can expect as a case works its way through the...more

Insider Trading Gets Political: Trading on Political Intelligence

Some things are better left unsaid. Especially, it seems, when they involve political intelligence shared by a congressional aide with a lobbyist linked to a political intelligence firm serving Wall Street traders....more

U.S. Supreme Court Finds Sworn Testimony Outside Scope of Regular Job Duties Entitled to First Amendment Protection

While the labor and employment law world is abuzz after the decisions in Burwell v. Hobby Lobby and Harris v. Quinn (cases this Blog will cover in the coming days), the United States Supreme Court also issued a decision...more

Authentication of Social Media Evidence: Best Practices

While the need to authenticate evidence is not new, the types of evidence that trial lawyers need to authenticate is. Social media evidence is one example. While not the type of evidence most practitioners are accustomed...more

Supreme Court Finds Public Employee's Testimony in Criminal Trial Protected Under First Amendment

Last week, the U.S. Supreme Court unanimously held that a public employee cannot be retaliated against by his employer based on testimony provided by him under subpoena in a criminal proceeding. In Lane v. Franks, the...more

Declaratory Testimony from File History is “Affidavit Testimony” Which Requires Deposition

Most declaration testimony in an inter partes review proceeding is newly developed as part of the IPR. On occasion, however, parties to an IPR have used previously generated declarations in support their positions. In...more

First Amendment Protects Public Employees for Sworn Testimony Given Outside Scope of Regular Job Duties on Matters of Public...

U.S. Supreme Court Makes Unanimous Ruling in Lane v. Franks - The First Amendment protects a public employee from adverse employment action taken in retaliation for providing truthful sworn testimony, compelled by...more

Supremes Rule That Trial Speech is Protected Speech

Last week the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech. Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014). Central Alabama Community...more

The Supreme Court Says Public Employee’s Court Testimony Protected From Retaliation Under The First Amendment, At Least To The...

Eight years ago the United States Supreme Court, in Garcetti v. Ceballos, instructed that speech undertaken pursuant to a public employee’s job duties is “employee” speech and not “citizen” speech, and hence is not protected...more

U.S. Supreme Court Rules that Sworn Testimony by Employee is Protected by the First Amendment

Providing truthful, sworn testimony outside the course of ordinary job duties is First Amendment speech for the purposes of retaliation lawsuits, the U.S. Supreme Court ruled on June 19, 2004. The ruling prohibits a public...more

U.S. Supreme Court Holds Sworn Testimony Relating to Public Employee’s Employment Protected by First Amendment Where Speech is...

Recently, the United States Supreme Court granted certiorari to resolve whether a public employee’s testimony in response to a subpoena is entitled to First Amendment protection where providing such testimony is outside the...more

Did You Know…Compelled Public Employee Testimony May Be Protected By the First Amendment

The Supreme Court’s recent unanimous decision in Lane v. Franks held that the First Amendment protects a public employee who provided truthful sworn testimony, compelled by subpoena, outside the course of his ordinary job...more

Supreme Court Rules that Public Employee's Testimony Is Protected by First Amendment

The U.S. Supreme Court recently held that a public employee's truthful sworn testimony, under subpoena, which was not part of his ordinary job duties, was entitled to First Amendment protection. See Lane v. Franks (June 19,...more

U.S. Supreme Court Unanimously Holds That Public Employee’s Truthful Subpoenaed Testimony Was Protected Speech Under the First...

It has long been recognized that public employees are not excluded from First Amendment protection, and for more than 40 years the courts have wrestled with balancing the free speech rights of a public employee against the...more

Supreme Court Rules Public Employee’s Sworn Testimony Is Protected

Declaring that “public employees do not renounce their citizenship when they accept employment,” the Supreme Court of the United States held today that the First Amendment protects a public employee’s truthful sworn...more

Supremes Rule That Trial Speech is Protected Speech – Part 1

This morning the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech. Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014) Central Alabama Community...more

Supreme Court Decides Lane v. Franks

On June 19, 2014, the United States Supreme Court decided Lane v. Franks, No. 13-483, holding that a public employee's sworn testimony is entitled to First Amendment protection when it is given outside the scope of ordinary...more

Nevada Supreme Court Reaffirms and Clarifies Sands Corp. Decision on Waiving Attorney-Client Privilege and the Work-Product...

Recently, we released a legal alert discussing the Nevada Supreme Court’s decision in Las Vegas Sands Corp. v. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 13 (February 27, 2014), which addressed the intersection of NRS 50.125...more

Conducting a Fair Workplace Investigation

Every employment attorney at some point will be asked either to conduct or assist with a workplace investigation. Attorneys taking on this role will need to act as a neutral fact finder and refrain from zealous advocacy, a...more

Florida Appellate Court Finds Daubert Standard Applies Retrospectively and Prohibits "Pure Opinion" Testimony

In the first civil appellate case in Florida to address the newly adopted Daubert standard for the admissibility of expert testimony, Florida’s Third District Court of Appeal held that the standard applies retrospectively...more

Sixth Circuit: ERISA’s Whistleblower Provision Doesn’t Protect Giving Information

The Sixth Circuit (in a 2-1 decision) recently held that ERISA Section 510 does not protect unsolicited employee complaints. See Sexton v. Panel Processing, Inc., 2014 U.S. App. LEXIS 8752 (6th Cir. May 9, 2014). Plaintiff...more

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