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Retaliation Discovery

Reveal

Employment Litigation: How to Prepare and Mitigate the Associated Risks

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From allegations of workplace discrimination, sexual orientation discrimination to violations of non-compete clauses or breaches of contract, lawsuits between organizations and their employees are an ever-present threat for...more

Bass, Berry & Sims PLC

False Claims Act Amendments Take More Direct Attack at Escobar and Pass Senate Judiciary Committee

Bass, Berry & Sims PLC on

As we have previously covered in a blog post dated August 25, 2021, the Senate is currently considering Senate Bill 2428, the False Claims Amendments Act of 2021 (FCAA), which would cause several significant changes that...more

Proskauer - Labor Relations Update

Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge

Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...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

Hanzo

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

Hanzo on

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

Bradley Arant Boult Cummings LLP

The Door Gets a Little Wider: D.C. Circuit Rules Employee-Plaintiff Can Get Comparator Discovery to Prevent Dismissal of Case

If your employee sues you for discrimination, they don’t get to look at how the decision-makers treated everyone else, do they? Well, in Cruz vs. US Homeland Security, the D.C. Court of Appeals says yes they do. Although the...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

Bass, Berry & Sims PLC

Healthcare Fraud & Abuse Review 2017

Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...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 - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...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

Hinshaw & Culbertson LLP

Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016) - Brief Summary - The Massachusetts Supreme Court held that it is "protected activity" (i.e., conduct that an employee may engage...more

Seyfarth Shaw LLP

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

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Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Fisher Phillips

Massachusetts Employers: Protect Your Documents

Fisher Phillips on

An important new Supreme Judicial Court decision has paved the way for Massachusetts employees pursuing certain discrimination claims to engage in what the court has dubbed “self-help discovery.” This new variant of...more

Hinshaw & Culbertson LLP

How not to handle a Reservist with PTSD: Volvo Dismisses Army Reservist in violation of USERRA and the ADA

Hinshaw & Culbertson LLP on

This week, Volvo said it would "take the blame if one of its self-driving cars crashes," but it's also taking the blame for dismissing an Army Reservist who deployed twice during the six years she worked for Volvo. This case...more

Baker Donelson

Provider Fights Back Against Whistleblower's Taking of Provider's Documents

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Among the challenges for health care providers facing whistleblower lawsuits is the discovery that a whistleblower has secretly taken the provider’s documents or data. What options are available to the provider? In the recent...more

Polsinelli

Provider Alleges Retaliatory Use of Medicare Payment Suspension

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A federal court has ordered discovery regarding the circumstances of a Medicare payment suspension by CMS only one week after failed settlement negotiations between a cardiology practice and the Department of Justice (DOJ) to...more

Nossaman LLP

What Has Fahlen Wrought?

Nossaman LLP on

The California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals has confirmed (not created) a sea change in the relations between hospitals and their medical staffs on the one hand, and physicians on such...more

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

Blowing the Whistle on the Whistleblower: When a Whistleblower Takes Confidential Documents

As you may have read in our previous blog post, prudent employers should embrace the “righteous whistleblower” in service of their culture of compliance. But what is an employer to do when a whistleblower has engaged in...more

Baker Donelson

What 2013 Gifts will Employers be Enjoying well into 2014?

Baker Donelson on

The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

Proskauer - Whistleblowing & Retaliation

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

Littler

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

Littler on

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

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