News & Analysis as of

Discovery Hiring & Firing

TRU Staffing Partners, Inc.

April 2024 Eye on ESI Shows Uptick in RelOne Needs, Plentiful Contractor Work, & Surge in Law Firm Hiring

The ediscovery job market is picking up in Q2 after a slower job market in March. This month’s Eye on ESI brought together ACEDS President Michael Quartararo and TRU Staffing Partners’ Founder and CEO Jared Coseglia for a...more

TRU Staffing Partners, Inc.

2024 eDiscovery Jobs Report

LETTER FROM TRU’S CEO - If 2021 and 2022 were dubbed “The Great Resignation,” then 2023 and 2024 should be called “The Great Recalibration:” recalibration of work-from-home vs. in-office permissions; recalibration of the...more

Association of Certified E-Discovery...

[Webinar] Both Sides of the Coin: Employee Separation from Two Perspectives - October 17th, 1:00 pm - 2:00 pm EDT

Employee separation is an event that commonly involves investigations and litigation, as well as eDiscovery. Cases can rely heavily on electronic evidence, so Dr. Gavin W. Manes of Avansic and Craig Ball of Ball in Your Court...more

Littler

Ontario, Canada Court Strikes Employer’s Defence in Wrongful Dismissal Action After it Continuously Avoids Scheduling its...

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In Ferguson v. Yorkwest Plumbing Supply Inc., 2022 ONSC 4792, an employee who commenced a wrongful dismissal action via Ontario’s Simplified Procedure rules was granted an order striking the employer’s statement of defence...more

Constangy, Brooks, Smith & Prophete, LLP

Delay didn't defeat employer's right to arbitrate, CA appeals court says

A pleasant surprise for employers. A California appeals court ruled last week that an employer did not waive its right to arbitration -- despite the fact that the parties had been in litigation for more than 13 months...more

Association of Certified E-Discovery...

[Virtual Event] Eye on ESI - June 3rd, 1:00 pm - 2:00 pm ET

Jared Coseglia, founder and CEO of TRU Staffing Partners and agent to thousands of e-discovery, privacy, and cybersecurity professionals, joins Michael Quartararo, president of ACEDS, and Maribel Rivera senior director of...more

Baker Donelson

Sitting with the C-Suite: MAP (ing) Employee Experience

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Andy Wilson is Chief Executive Officer & Cofounder at Logikcull, which he launched in 2004 with Chief Technology Officer and Cofounder Sheng Yang. As CEO, Andy has grown Logikcull into one of the fastest growing eDiscovery...more

Association of Certified E-Discovery...

[Webinar] Got Skills? The Tools You Need to Land that Next Big Job - March 4th, 1:00 pm ET

Are you looking for your next great job? Have you not interviewed in a few years? Need a way to differentiate yourself? In this interactive webinar, Ed O'Reilly, President of Cyber Search Global, one of the leading recruiting...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

Hanzo

Are Your Emojis Saying What You Think They Are? A Cautionary Tale From Harrison V. City Of Tampa

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How are you preserving emojis for ediscovery? Hold on just a minute. Do people really use emojis in a business setting? You bet, though not everyone is on board. But now that offices are more dispersed than ever—and...more

Seyfarth Shaw LLP

Federal Court Rules That Employer Is Not Entitled To EEOC’s Pre-Suit Materials

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Seyfarth Synopsis: After a federal magistrate judge in California ordered the EEOC to provide written discovery responses relative to the substance its pre-suit investigation of a sex discrimination charge in EEOC v. Chipotle...more

McDermott Will & Emery

Former Employee’s Release Agreement Bars ERISA Claim Against ESOP Fiduciary

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A recent summary-judgment decision explains how individual releases can bar the individual from pursuing ERISA fiduciary-breach claims on behalf of the plan. A plan, employer or fiduciary that wants to ensure a release that...more

Seyfarth Shaw LLP

New Jersey’s Conscientious Employee Protection Act Requires Election of Remedies Before Summary Judgment

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Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more

Proskauer - California Employment Law

California Employment Law Notes - January 2018

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

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In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Fisher Phillips

What Can You Get for $535?

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An expensive lawsuit. Let’s say you have a service advisor who is paid $525 per week, plus commissions. The service advisor makes a blatant and careless mistake on a customer invoice, costing your dealership $535. The...more

Proskauer - Minding Your Business

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Fisher Phillips

Supreme Court Limits EEOC Subpoena Power

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In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

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This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Jackson Lewis P.C.

Selective Enforcement Not A Viable Defense to Non-Competition Agreements Under Ohio Law

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Employers sometimes worry whether seeking to enforce their non-competes in some circumstances but not others might preclude enforcement altogether in the future. Not so, says one court. Applying Ohio law, the United States...more

Seyfarth Shaw LLP

Friend (or Foe) Requests: Using Social Media In Employment Litigation

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Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

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Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Seyfarth Shaw LLP

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

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Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more

Seyfarth Shaw LLP

Really? Viable Retaliation Claim for MA Employee Terminated For Secretly Searching Company Files

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Seyfarth Synopsis: An employer terminated an employee for secretly searching for confidential documents on her employer’s computer system to use against the employer as part of a discrimination complaint. Massachusetts’...more

Foley Hoag LLP

Employee’s Self-Help Discovery May Be Protected Activity Under Massachusetts Anti-Retaliation Law

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On May 31, 2016, the Supreme Judicial Court of Massachusetts held in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. that an employee’s accessing, copying and forwarding of an employer’s confidential documents...more

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