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 Article Index » lawyering: 10 Most Recent Articles Report Link Supreme Court Ruling May Help Employers Find a More Level Playing Field in Litigation.Jackson Lewis LLP - March 03, 2010 A U.S. Supreme Court decision may make it easier for corporate employers to avoid defending wage and hour, employment and other lawsuits in state courts, which are “home” forums to their adversaries and often are seen as favorable to plaintiffs. Report Link In Hertz v. Friend, the U.S. Supreme Court Clarifies the Path to Federal Courts.Littler Mendelson, P.C. - March 02, 2010 By its unanimous decision in Hertz v. Friend,1 the U.S. Supreme Court has made it more likely that a company sued in state court in a state other than where its headquarters and center of direction, control, and coordination are located, will be able to remove the case from state to federal court in that jurisdiction. Report Link Supreme Court Clarifies When Employers Can Remove A Lawsuit From State To Federal Court.Fisher & Phillips, LLP - February 24, 2010 On February 23, 2010 the U.S. Supreme Court handed down a ruling clarifying when employers can remove a lawsuit from state court and have it heard in the friendlier forum of federal court. The ruling deals with what is called "diversity jurisdiction" and is seen as highly favorable for employers, particularly large employers conducting business in multiple states, because it will make it easier for companies to know when they will likely be able to avoid the jurisdiction of plaintiff-friendly state courts. Report Link Zubulake Revisited - Preservation Obligations and Sanctions Standards Clarified.Vedder Price - February 10, 2010 In Pension Committee of the University of Montreal Pension Plan et al. v. Banc of America Securities, LLC
et al., No. 05 Civ. 9016, 2010 WL 184312 (S.D.N.Y., Jan. 15, 2010), Judge Shira A. Scheindlin revisits her
highly infl uential and often-cited Zubulake decisions.1 Although the case did not involve “any examples of
litigants purposefully destroying evidence,” the failure to timely institute written litigation holds constituted
gross negligence. That failure, coupled with plaintiffs’ “careless and indifferent” preservation and collections
efforts, warranted the imposition of severe sanctions. The Pension Committee decision reinforces the essential
need for organizations to have a well-planned, robust records management program and corresponding
eDiscovery response plan. Report Link Court Sanctions Parties for Lax Electronic Preservation Efforts.Jackson Lewis LLP - February 04, 2010 For years, we have emphasized the need to preserve electronic evidence, warning of the consequences if electronic evidence was deleted or destroyed. Now, a new decision highlights the potential sanctions against litigants even where the failure to preserve was not the result of an intentional act, but merely negligence in preservation efforts. Report Link Do You Have an ESI Strategy Yet? Companies and In-House Counsel Sanctioned for Poor Oversight.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - January 29, 2010 Although it has been more than three years since the Federal Rules of Civil Procedure were amended to codify parties' obligations to preserve and produce potentially relevant electronically stored information (ESI), a recent survey conducted by Kroll Ontrack reflects that only 46% of U.S. corporations possess an ESI readiness strategy. Meanwhile, a review of recent judicial decisions on requests for discovery sanctions reflects a growing impatience by courts for a lack of such a readiness strategy and resulting failures to competently preserve and produce potentially relevant electronically stored information. Report Link Lexis-Nexis Brings Cases to the iPhone.Young Conaway Stargatt & Taylor, LLP - January 07, 2010 Thanks to iPhone J.D. for alerting us to this new app from Lexis Nexis. Lawyers, you can now get your case law on the go. According to iPhone J.D.,’s thorough review, the app doesn’t yet give us access to statutes (odd) but it is free, which is a good thing. Report Link Adverse Attorney-Client Privilege Rulings Not Subject to Early Review, U.S. Supreme Court Rules.Jackson Lewis LLP - December 29, 2009 The U.S. Supreme Court has held that federal district court orders requiring a litigant to produce information for its opponent in pre-trial “discovery,” despite claims that it is protected by the attorney-client privilege, may not be appealed immediately to the courts of appeals under the “collateral order doctrine.” Instead, the aggrieved party may have to take a chance on discretionary “interlocutory” review or an extraordinary writ of mandamus or, more likely, await the outcome of the lawsuit in the lower court, and then raise the privilege issue along with any other grounds it may have for appeal. Mohawk Indus., Inc. v. Carpenter, No. 08-678 (U.S. Dec. 8, 2009). This is an important and troubling development for employers involved in litigation, although at first glance it might appear to be of concern mainly to lawyers. Report Link Judge Tells Lawyer to Follow Guidelines and Start Preparing Better Documents.Young Conaway Stargatt & Taylor, LLP - December 28, 2009 I continue to be amazed by some of the less-than-best writing practices of my friends and colleagues. Many of these practices relate to the ways in which they format documents. I recognize that many of these practices derive only from habit—not bad intentions. But that doesn’t make them any less annoying. And what makes them more annoying is the irrational devotion they garner. Report Link Judges in South Carolina May Have More Friends Than Judges in Florida.Young Conaway Stargatt & Taylor, LLP - December 22, 2009 The following is an advisory opinion issued in October by the South Carolina Advisory Committee on Standards of Judicial Conduct that addresses the use of social-networking sites by a magistrate judge:
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March 24, 2010 Fisher & PhillipsEmployment Law Breakfast Briefings`Kenner
March 24, 2010 Fisher & Phillips |
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