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Seyfarth Shaw LLP

Responding to an Accident: OSHA and Legal Liabilities

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A terrible accident has occurred at your worksite.  An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries....more

Fox Rothschild LLP

New Demands for Disclosure Impact Employment Litigation in California

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Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more

Rivkin Radler LLP

The Employment Law Reporter: Autumn 2023

Rivkin Radler LLP on

Here is what we cover in this issue of Employment Law Reporter Autumn 2023: • The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York...more

Farrell Fritz, P.C.

To Disclose or Not to Disclose: The Importance of Putting Everything in Writing

Farrell Fritz, P.C. on

Section 3101(a) of the CPLR provides for the “full disclosure of all matter material and necessary in the prosecution or defense of an action.” This standard requires the disclosure “of any facts which will assist preparation...more

Reveal

So Much ESI is “Fair Game” When It Comes to Employment Litigation

Reveal on

Perhaps one of the most common types of eDiscovery case law rulings that I write about relates to employment litigation. Employment disputes are common and many of them lead to litigation, which leads to discovery of ESI to...more

Gray Reed

Should You Take Your Company’s Business Records to Support Your Lawsuit When You Leave?

Gray Reed on

In Xyngular Corp. v. Schenkel, a shareholder and director suspected that his colleagues on the board of directors were engaging in improper self-dealing, so he asked an IT department employee to download documents disclosing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Supreme Court Issues Two Key Pro-Arbitration Decisions

Arbitration agreements are intended to expedite the legal process while minimizing fees and costs. In reality, former employees and their counsel often resist submitting their employment claims to arbitration, resulting in...more

Bailey & Glasser, LLP

Strong Litigation Strategy Requires Updated Policies for Remote Workers

Bailey & Glasser, LLP on

Instant messaging apps and online workspaces offer collaboration and production capabilities for teams dispersed by COVID-19, but they also pose a danger to companies operating in reasonable anticipation of litigation, with...more

Association of Certified E-Discovery...

[Webinar] ACEDS Central Texas Chapter: COVID19 Employment Litigation & eDiscovery Challenges - July 15th, 2:00 pm - 3:00 pm CT

The Covid19 crisis has disrupted the economy, severely impacting employees at all levels, in most industries. Not surprisingly then, employment related litigation is already arising from this pandemic. What types of legal...more

Sheppard Mullin Richter & Hampton LLP

The Cost and Burden of Discovery for California Employers Will Likely Increase in 2020

A new change to California’s Civil Discovery Act has all of the trappings of a burdensome and costly requirement for employer defendants litigating in California state court. In addition to a litany of new California...more

Littler

Littler Global Guide - Brazil - Q3 2019

Littler on

On September 20, 2019, Law 13.874/2019 was enacted and is already in effect. This law, known as the Economic Freedom Act, modifies a few bodies of law, including Law 12.682/2012 that specifically sets procedures to create and...more

Ruder Ware

Employee Use of Company E-mail May be Protected from Company View

Ruder Ware on

Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time. There have been a large number of court cases, which have held...more

Seyfarth Shaw LLP

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

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Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

Akerman LLP - HR Defense

An Employer’s Guide to Litigation Holds

Akerman LLP - HR Defense on

Employers have a duty to preserve information that is potentially relevant to anticipated or existing litigation and failure to comply with that duty can have dire consequences. As such, issuing a litigation hold should be at...more

Farrell Fritz, P.C.

Because The Court Concluded Plaintiff’s Counsel Failed To Engage In Meaningful Meet And Confer, Court Orders Counsel (Not The...

Farrell Fritz, P.C. on

In this single-plaintiff employment discrimination case (Bailey v. Brookdale Univ. Hosp., 2017 U.S. Dist. LEXIS 93093 (E.D.N.Y. June 16, 2017)), counsel for the parties purportedly met and conferred as directed by the Court...more

Jackson Lewis P.C.

Court Holds That Self-Selection Of Emails By Employee Satisfies Discovery Obligations

Jackson Lewis P.C. on

In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s...more

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