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Privileged Communication Employer Liability Issues

Ervin Cohen & Jessup LLP

New California Law Protects Victims of Sexual Harassment, Discrimination or Assault From Claims of Defamation

The California Legislature recently passed Assembly Bill 933, a bill expanding privileged speech to expressly include communications regarding factual information pertaining to incidents of sexual assault, harassment or...more

Fenwick & West LLP

10 New California Employment Laws Employers Should Know for the New Year

Fenwick & West LLP on

Governor Newsom recently signed a slew of new bills into law at the close of California’s 2023 legislative session. Of those, there are several employment-related laws that California employers should take note of. We...more

McGuireWoods LLP

Northern District of Texas Protects Communications With Former Employees

McGuireWoods LLP on

Lawyers representing corporations or other entities during investigations routinely interview former employees. Those intangible interviews and any resulting documentation presumably deserve work product protection if the...more

Burns & Levinson LLP

Reminders on the Attorney-Client Privilege for In-House Counsel

Burns & Levinson LLP on

I just came across a decision issued in the District of Massachusetts, Logue v. The Rand Corporation, and it reminded me of some key aspects of the attorney-client privilege related to in-house counsel about which I have...more

Littler

What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

Littler on

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the...more

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Reductions During Uncertain Economic Times

With a potential recession looming and a growing number of companies announcing significant layoffs almost daily, employers are increasingly considering reductions in force (RIFs) to weather the financial uncertainty in the...more

BCLP

UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation of long periods of loss of earning...

BCLP on

Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more

Proskauer - California Employment Law

House of Cards: What Employers Can Learn From Kevin Spacey’s Alleged Missteps

Kevin Spacey’s legal troubles have taken a costly turn as the production companies behind Netflix’s House of Cards recently asked a California court to confirm an arbitration award of almost $31 million against Spacey for...more

Epstein Becker & Green

Attorney-Client Privilege & Employee-to-Employee Communications

Epstein Becker & Green on

Thanks to multiple means of electronic communication that are available these days, employees communicate with each other more quickly and easily—and as a result, more frequently—than ever before. Email and other electronic...more

Perkins Coie

Washington Supreme Court Extends Corporate Privilege to Non-Employee Contractors

Perkins Coie on

More than thirty years ago, the Washington Supreme Court ruled defense counsel may not engage in ex parte communications with a plaintiff’s treating physician. Loudon v. Mhyre, 110 Wn.2d 675, 676 (1988). The Loudon rule, as...more

Seyfarth Shaw LLP

Managing Post-Accident Communications – Preserving Legal Privileges and Limiting Liability

Seyfarth Shaw LLP on

Hopefully most employers will never experience a serious workplace accident involving personal injury, property damage or both. This article will provide recommendations for an employer to respond in a forthright manner while...more

McManis Faulkner

2019 California Employment Law Update: The Year Of #MeToo

McManis Faulkner on

As predicted at our 2018 employment law seminar, “Don’t Let #MeToo Become #YouToo: Effectively Handling Workplace Sexual Harassment Complaints,” the movement had a significant impact on California’s new employment laws passed...more

Holland & Knight LLP

New California Labor and Employment Laws for 2019

Holland & Knight LLP on

• The California Legislature passed numerous labor and employment bills that become effective on Jan. 1, 2019 • California's minimum wages and exempt salary thresholds increase on Jan. 1, 2019 • These laws were among the...more

Littler

WPI State of the States: Employer Liability, Harassment, and Salary History Bans Continue to Occupy State Legislatures

Littler on

As the summer months heat up, state legislative activity has noticeably cooled. Only two states (New Jersey and Massachusetts) are in active session, and Rhode Island, which had been in recess, is scheduled to adjourn at the...more

Mintz - Employment Viewpoints

New California Law Extends Defamation Privilege to Communications Related to Sexual Harassment Claims and Investigations

California Governor Jerry Brown recently signed into law A.B. 2770, creating new protections for employers, witnesses, and complainants from defamation lawsuits related to making, assisting, or discussing good-faith sexual...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

Littler

California Enacts a Privileged Communication Law Regarding Sexual Harassment Claims

Littler on

In the wake of the #MeToo movement, many states have been making concerted efforts to address and prevent sexual harassment through proposed legislation. On July 9, California Governor Jerry Brown signed one of those...more

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