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Article Index » lawyering: 10 Most Recent Articles Report Link Leading the Way in E-Discovery (pdf).Littler Mendelson, P.C. - June 11, 2008 In this attorney authored article, A. Michael Weber of Littler's New York office explains the intricacies of electronic discovery in employment-related litigation and how this type of litigation is the primary vehicle for the development of E-discovery laws. "There are sui generis aspects to employment disputes that tend to incubate the growth of e-discovery problems," says Weber. Although e-discovery has proven to be detrimental to employers, Weber also explains how the preservation of electronic records may benefit the employer. Report Link The “Disfavored” Motion?Elarbee, Thompson, Sapp & Wilson, LLP. - May 15, 2008 Last year, the Supreme Court affirmed the grant of a motion to dismiss in a putative antitrust class action, holding that the complaint failed to allege sufficient facts to show that the plaintiffs could plausibly win at trial. In Bell Atlantic v. Twombly, the Court expressly rejected the standard long used by the lower federal courts that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Instead, the Court held that, while the factual allegations of a complaint need not be "detailed," they must "possess enough heft" so as to "plausibly" suggest that the plaintiff can prevail. Report Link Lawyers as Employers- Part 1.Nexsen Pruet - March 17, 2008 Lawyers are focused on the demands
of practicing law and running
their practices. Often, they do not
have time to dedicate to managing
their employees. And, in fact, some
lawyers may not see themselves as
employers. However, the success of
any business, including law firms, is
tied directly to its employees. Competent
and professional employees are
critical to a firm's ability to produce
quality work and keep good clients. Report Link E-Discovery Update: What's Happened Since the Rules Were Amended.Jackson Lewis LLP - October 25, 2007 On December 1, 2006, Congress amended the Federal Rules of Civil Procedure to address the developing area of electronic discovery ("e-discovery"). The amendments were designed to modernize the Rules and provide guidance to litigants and attorneys on their obligations to preserve and produce electronic documents. Report Link 5 Must-Have Employment Defense Motions in Limine (pdf).Littler Mendelson, P.C. - August 21, 2007 In this Littler attorney-authored article, Michael Brewer discusses five effective motions in limine specific to employment trials. Brewer says that these "are favorites among defense attorneys and offer significant strategic benefits both at trial and on appeal." Some of the motions Brewer discusses include "Evidence of Misconduct Against Plaintiff's Co-Workers," and "Testimony of Employee's Own Opinion of His or Her Job or Job Performance." Report Link IMs As ESI: When To Save Instant Messages And How To Properly Authenticate Retained IMs (pdf).Vedder Price - August 02, 2007 Reading through the many eDiscovery
vendor whitepapers on the topic, one
would think that instant message (“IM”)
retention and archiving should be the focus
of every good eDiscovery preparedness
initiative. In a thinly veiled effort to boost
demand for their products, these vendors
have made the blanket assertion that all
companies must retain IM for discovery
purposes as a result of the amendments to
the Federal Rules of Civil Procedure (the
“Amended Federal Rules”), which went
into effect on December 1, 2006. According
to these vendors, this is so because IM
falls within the definition of electronically
stored information (“ESI”) as set forth in
the Amended Federal Rules. While organizations
must account for the Amended
Federal Rules in their eDiscovery undertakings,
the impact of IM on information
management policies is debatable. Report Link Pleading Requirements Tightened.Jackson Lewis LLP - June 22, 2007 Employers are often frustrated by the difficulty in obtaining early dismissals of seemingly frivolous or meritless federal lawsuits. Courts tend to deny motions to dismiss and allow such lawsuits to proceed through the entire discovery process, rather than carefully scrutinizing a plaintiff's initiating complaint. The Supreme Court recently issued an opinion in an antitrust lawsuit that has the potential to alter the relative ease by which plaintiffs avoid early dismissals. Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (May 21, 2007). Report Link eDiscovery Update (pdf).Vedder Price - May 02, 2007 Most Organizations Have Not Taken Appropriate Steps to Manage Risks Posed by E-mails; Employers May Be at Risk for Employees' Internet Usage; Liability for Data Security Breaches Expanding. Report Link Less Paper, More Danger? (pdf).Nexsen Pruet - March 13, 2007 The U.S. Supreme Court
approved amendments to the Federal
Rules of Civil Procedure pertaining to
discovery of electronically stored
information (ESI) that took effect on
December 1, 2006. The new rules
substantially alter prior practice by
requiring litigants to, among other
things, exchange, during the initial
Rule 26(f) conference, detailed information
about ESI, including how it is
stored, whether it is being preserved
and whether the information is reasonably
accessible. Report Link Electronic Data: New Rules, New Risks.Fisher & Phillips, LLP - March 05, 2007 In recent years, far too many employers who are not sure how to protect their electronic information have allowed departing employees to take their most valuable trade secrets, degrade the value of their electronic data for litigation purposes, or have seen critical electronic evidence completely destroyed, exposing their organizations to serious civil and criminal liability.
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
Complimentary Breakfast Briefing for In-House Counsel, Senior Management and HR Professionals
Memphis
July 22, 2008 Ford & HarrisonBehind The Complaint: Workplace InvestigationsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLPI-9 & E-Verify, R-U-Ready?: Recent Developments In Immigration Recordkeeping.Online
July 24, 2008 Ford & HarrisonEmployment and Labor Law 2008: CLE Program and GolfColumbus
July 25, 2008 LittlerSection 409A: Countdown to Compliance - LiveOnline
July 30, 2008 McQuire WoodsTEXAS EMPLOYMENT LAW BREAKFAST BRIEFINGSugar Land
July 31, 2008 Phelps DunbarWinning with the EEOCAtlanta
2008-8-6 Jackson Lewis LLPMississippi Employment Law SeminarBiloxi
August 7-8, 2008 Phelps DunbarReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
August 12 2008 Ballard Rosenberg |
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