If you drive a car, truck or motorcycle on a regular basis, chances are that you will be involved in at least one accident in your lifetime....more
In this medical malpractice case, a husband sued after his wife died allegedly from kidney failure after the defendant doctor performed surgery. At the trial, the husband testified about various issues, including his wife’s...more
As the Jodi Arias criminal trial winds down, I have to go out on a limb and make my prediction....more
I apologize for the topic of this posting but I am compelled to voice my concerns. As a former prosecutor and now white-collar defense attorney, it is painful to watch a criminal trial which is out of control. ( I know that...more
An executive for oil giant BP testified today that he personally worked to improve the company’s safety culture in the years leading up to the Deepwater Horizon oil rig explosion that killed 11 workers and dumped millions of...more
Plaintiffs’ counsel beware: to avoid Rule 11 sanctions you might actually have to talk to “confidential witnesses” yourself and corroborate their statements before citing them in a securities fraud complaint....more
On October 6, 2012, Brandon Johnson died at the Milwaukee County Mental Health Complex. The Milwaukee County District Attorney’s Office is currently conducting an open-court John Doe investigation into Mr. Johnson’s death. On...more
The California Supreme Court recently held that work product protection applies to recordings of witness interviews conducted by attorneys or their agents and information concerning the identity of those witnesses in Coito v....more
A Halliburton employee who survived the Deepwater Horizon oil rig explosion testified today that he failed to act upon signals that the Macondo well was unstable, but doesn’t believe he did anything wrong....more
A surviving crew member of Deepwater Horizon, the Gulf of Mexico oil rig that caught fire and sank following a 2010 well blowout that fouled the Gulf Coast, gave frightening testimony today in the civil trial against oil...more
Every day here in Arizona numerous lawsuits are filed by Midland Funding against people like you. People who don’t have a clue who Midland Funding even is....more
Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more
It is in every employer’s best interest to know when and how to conduct an effective and efficient workplace investigation. In the first part of this three part series — Be A Super Sleuth: Laying the Framework for Effective...more
There seems to be no slowing to the NLRB’s unusually high recent activity....more
The close of 2012 brought a flurry of activity by the National Labor Relations Board and the Board has not slowed down in the New Year. Several of the Board’s recent decisions mark significant departures from decades of...more
Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining....more
In addition to the significant actions taken by the National Labor Relations Board (NLRB or Board) in 2012 that affect all employers, the NLRB late last year issued several important decisions that affect unionized employers...more
Until recently, the National Labor Relations Board's decision in Anheuser-Busch, 237 NLRB 982 (1978), was clear: employers were not obligated to provide witness statements collected during workplace investigations to the...more
The National Labor Relations Board (NLRB) recently overruled its longstanding precedent that categorically protected confidential witness statements taken during internal disciplinary investigations from disclosure to a...more
On December 12, 2012, the National Labor Relations Board (“NLRB”) overruled a 50–year-old precedent when it decided that employers have a duty to continue to deduct union dues from employees’ paychecks even after the...more
Employers who obtain witness statements in anticipation of litigation or grievances often contend the statements are exempt from the duty to provide information to the union, relying on the NLRB's 1978 decision in...more
Last year, we notified you here that the National Labor Relations Board will now consider a general employer rule requiring confidentiality during an internal investigation into an employee complaint to be an unfair labor...more
In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking...more
As the calendar year ends, so does National Labor Relations Board Member Brian Hayes' term, prompting a series of decisions, including Piedmont Gardens, 359 NLRB No. 46 (Dec. 15, 2012). There the Board reversed 34 year-old...more
Since 1978, employers had not been required to disclose witness statements provided in internal investigations to unions deciding whether to pursue various grievances. All that changed last week when the NLRB overturned its...more
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