News & Analysis as of

Discovery Employment Policies

BakerHostetler

SEC and CFTC Continue Crackdown on Financial Firms Over Off-Channel Communications

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The SEC and CFTC settlements with HSBC and Scotia Capital come after years of federal regulators’ and prosecutors’ steadily increasing scrutiny of off-channel communications. Anchoring these settlements are long-standing...more

Genova Burns LLC

NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private Afterall

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On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more

Butler Snow LLP

Warning: No Fishing Allowed! – Pt. 2: No, They Can’t Catch Cell Phones Either

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Previously, we analyzed the proper scope for discovery requests that asked for employee drug and alcohol test results.  In this article, we analyze a far more potent discovery substance—cell phone data....more

Polsinelli

Med-Staff Newsletter - July 2021 | VOL 7

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Flattening the Curve: Are Vaccination Mandates a Viable Strategy for Hospitals? Severe acute respiratory syndrome coronavirus 2 (“SARS-CoV-2”) vaccines hold promise to control the pandemic and help restore normal social and...more

Association of Certified E-Discovery...

Business Considerations for COVID Era Workplaces Related to Employment Law and eDiscovery

With the outbreak of COVID-19, all have been impacted, particularly in the workplace. Many have been furloughed or laid off. Others have transitioned to work-from-home, and essential workers have had to find ways to safely...more

Polsinelli

Med-Staff Newsletter - October 2020 | VOL 5

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The U.S. Equal Employment Opportunity Commission (the “EEOC”) sued Yale New HavenHospital (“Yale Hospital” or the “Hospital”) on February 11, 2020, alleging the Hospital is in violation of the Age Discrimination in Employment...more

Polsinelli

Protected Activity or Terminable Misconduct? — Government Contractor Update

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It has become almost routine for employees pursuing whistleblower and other employment-related claims against their employer to engage in "self-help discovery," using their access to files and databases to collect and gather,...more

Epiq

BYOD Challenges

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If you are like most, you probably have 4-5 different chat applications on your phone to talk to friends and family members.  Dad only likes to text via SMS, brother Peter only uses Facebook Messenger, Aunty Bridgette can...more

FordHarrison

Help! I Just Received a Charge of Discrimination. Now What? - Part 2 of 3

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In this three-part series, we are exploring best practices for handling a charge of discrimination. The first part of the series addressed important preliminary questions you should be asking upon initial receipt of the...more

Epiq

eDiscovery and BYOD

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As technology advances, businesses and employees are embracing “bring your own” opportunities beyond “bring your own device,” or BYOD – which refers to when employers allow or even mandate employees to bring their own...more

Jaburg Wilk

Eight Reasons Why an Employer Might Not Want Arbitration Agreements

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There has been a lot of buzz about the U.S. Supreme Court’s recent decision about arbitration, Epic Systems Corp v. Lewis. It looks like employers can now avoid class actions by having their employees sign arbitration...more

Polsinelli

New Guidance on Employee-Owned Device Discovery

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As technology continues to evolve, organizations are increasingly facing challenges concerning whether, and to what extent, they allow employees to utilize their own devices for work purposes. When employees use their own...more

Kilpatrick

BYOD (Bring Your Own Device) Policies and Best Practices

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Some of us may remember a time when companies were not as concerned about where their information was maintained, as most of it was kept in some form or fashion in file cabinets or individual desks, or perhaps stored offsite...more

Parker Poe Adams & Bernstein LLP

Workplace Communications Policy Can Limit Later Discovery Burdens

Any employer that has been the subject of e-discovery requests can attest to the difficulty and expense encountered when compiling and producing company electronic communications. These burdens have been further exacerbated...more

Burr & Forman

Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?

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Smart phones and tablets are now commonplace on the construction job site.  Are your cell phone policies as outdated as the original the flip phones that you issued to your employees? Do you even have a cell phone policy?...more

Fisher Phillips

Court Refuses to Compel Employees to Disclose Passcodes for Employer-Issued Smartphones

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Just this week, in Securities and Exchange Commission v. Huang, No. 15-269 (E.D. Pa.  September 23, 2015), the United States District Court for the Eastern District of Pennsylvania denied the Securities and Exchange...more

FordHarrison

California Court Ruling Pulls the Spurs Off PAGA Deputies' Boots

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A new California appellate court decision provides much needed guidance regarding the proper scope of discovery in representative actions brought under the California Private Attorneys' General Act of 2004 (PAGA), Cal. Lab....more

McGuireWoods LLP

E-Discovery Update: When Personal and Work Data Collide

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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

McNees Wallace & Nurick LLC

Data Encryption and Its Potential Effect on Litigation and Discovery

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

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