News & Analysis as of

Oral Communications

Court Excludes Evidence Developed Through Plaintiff’s Surreptitious Contact with Corporate Defendant’s Employees

by Sands Anderson PC on

On March 27, 2015, Jalal Haidar brought suit in federal court, alleging that he had been injured by a dangerous condition in a hotel. According to Haidar, he sat motionless on a hotel toilet for approximately fifteen seconds...more

Middle District of Florida Defines Settlement Communications Allowed Under the FDCPA

by Burr & Forman on

On November 18, 2016, the United States District Court for the Middle District of Florida held that the communication of an unequivocal and non-coercive settlement offer does not violate the Fair Debt Collection Practices Act...more

Choice of Law Principles in Cross-Border Privilege Disputes: Whose Law Applies?

The Attorney-Client Privilege and Work Product Doctrine in the United States and Abroad - The attorney-client privilege and work product doctrine are important and well-known concepts to nearly every lawyer in the...more

PCAOB Evaluates Audit Firm Communications with Audit Committees

by WilmerHale on

On April 5, the PCAOB issued a report regarding compliance with Auditing Standard No. 16, Communications with Audit Committees (AS No. 16), based on its inspections of issuer audits during its 2014 inspection cycle. AS No. 16...more

Five Communication Skills Every Effective Leader Must Have

by Lathrop Gage on

Information enables effective leaders to make good decisions. An engaging interplay between leader and workforce is vital to uncovering the best information of the highest quality. Effective questioning, marked by the...more

Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII

by Kelley Drye & Warren LLP on

Most practitioners know that Title VII prohibits retaliation against any employee because he or she “opposed any practice made an unlawful employment practice [by the statute].”...more

Oral Complaint to Supervisor Can Support FLSA Retaliation Claim, Says Second Circuit

On April 20, 2015, the Second Circuit overruled its existing precedent and held that oral complaints of FLSA violations, made internally to a supervisor, can form the basis for a retaliation claim under Section 215 of the...more

Solicitation and Distribution Rules and Their Enforcement Under Attack: NLRB Continues to Narrow Employer Limitations on Workplace...

by Littler on

The National Labor Relations Act’s limitations on employer no-solicitation/no-distribution policies have been established for decades, right? Most labor relations practitioners and Human Resources specialists are familiar...more

Adapt Your Communication to Your Audience

by Wicker Park Group on

Everyone utilizes all three styles of communication—visual, auditory and kinesthetic. Yet more often than not, one communication style is dominant. Repeated studies have found that the general US population is 70% visual, 20%...more

Oral COBRA Notice OK?

In a recent District Court opinion, a judge dismissed a COBRA claim against an employer based on the oral notice the employer gave a former employee of her right to continue coverage under COBRA. The court said that the...more

CFTC Extends Relief from Oral Communication Recording Requirement

The Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight and the Division of Market Oversight issued No-Action Letter No. 13-77, which extends the oral communications recording compliance...more

No Anti-SLAPP Protection For Statements To Coworkers

by Hinshaw & Culbertson LLP on

In Cho v. Chang, the California Court of Appeal, Second Appellate District held that an employee’s statements to coworkers about alleged discrimination were not protected activities triggering special protection under...more

Business Practice Pointer: Avoiding Verbal Agreements

Many of the business disputes our clients face are the result of a misunderstanding or miscommunication concerning the parties’ respective obligations under a given contract. While many startups or entrepreneurs may not...more

Communicating With the Workforce — A Very Good Idea, But Proceed With Caution

by Foley & Lardner LLP on

Most employers communicate with their workforce about a wide variety of employment related issues — personnel policies, wage and benefit issues, organizational changes, etc. These communications — whether verbal or in writing...more

CFTC Approves Final Rule Requiring Recording of Oral Communications

by Katten Muchin Rosenman LLP on

On December 17, 2012, the Commodity Futures Trading Commission (CFTC) adopted final rules amending CFTC Regulations 1.31 and 1.35. The final rules require certain market participants to record oral communications that lead to...more

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