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Article Index » lawyering: 10 Most Recent Articles Report Link Court Rules No Misconduct Where Juror Friends Plaintiff After Trial Ends.Young Conaway Stargatt & Taylor, LLP - November 17, 2009 Ah, Facebook in the courtroom. It's a relationship that appears to have a long and tumultuous future ahead. Report Link Pennsylvania Court Provides Much Needed Guidance on Scope of E-Discovery.Jackson Lewis LLP - November 11, 2009 As employers transition daily business and human relations practices into the digital world, their electronically stored information increasingly is playing a critical role in the litigation process. In many jurisdictions, however, the rules of discovery (the compulsory disclosure of pertinent facts or documents before trial) have not kept pace. Few, if any, state discovery rules account for information technology systems, computer networks, and personal digital assistants (PDAs). While litigants in the federal court system are guided by specific rules addressing electronic discovery, or “e-discovery,” litigants and judges in state courts often are forced to rely upon rules and principles that pre-date recent technological advancements. In many state courts, a litigant’s e-discovery obligations are guided, on a practical level, by recent judicial decisions. Report Link Tightened Federal Pleading Rules Take Effect: Three Months After the U.S. Supreme Court's Iqbal Decision.Littler Mendelson, P.C. - August 18, 2009 In Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), a case that initially garnered little attention when it was decided, the United States Supreme Court, emphasized and elaborated on the "plausibility" standard first injected into Rule 8 of the Federal Rules of Civil Procedure two years earlier in Bell Atlantic Corp. v. Twombly1 an antitrust case. The importance of understanding the resulting enhanced requirements for pleading a claim under Rule 8 cannot be overstated. Together, the Twombly and Iqbal decisions radically change the rules of pleading in all civil cases and make it much easier for a federal judge to dismiss a complaint in the initial stage of the lawsuit. The preparation of an adequate complaint for relief in a federal court - one that will withstand a Rule 12(b)(6) motion to dismiss - is now a far more demanding task than has previously been the case. Report Link Summary Judgment Standard Requires Court to View Evidence in Light Most Favorable to Non-Moving Party.Ogletree Deakins - June 11, 2009 Litigation often ends when one party files a motion for summary judgment, asking the court to determine that there is no issue of material fact for the jury, and asserting that a decision can be made in its favor based solely on the legal issues. In reviewing a motion for summary judgment, a court must view the record in the light most favorable to the non-moving party. Recently, the 2d U.S. Circuit Court of Appeals reversed summary judgment for an employer in an age discrimination case, holding that the lower court “failed to construe the evidence in the light most favorable to [the employee] and to draw all permissible inferences in [his] favor.” Report Link E-Mails, Memos, and Other Smoking Guns.Fisher & Phillips, LLP - March 03, 2009 Hopefully, nothing in this article about the dangers of e-mails, memorandums, etc. will be news to you. You may even say to yourself "Who didn't know that?" Well, apparently some folks "forget" from time to time that information in e-mails, memorandums, and other documents is discoverable in litigation and may be the basis for large amounts of money changing hands. The information in them may or may not convey the author's actual beliefs or motivations – but it may be a jury who decides. Report Link Recognizing the Risks and Avoiding the Pitfalls of eDiscovery (pdf).Vedder Price - August 27, 2008 As companies increasingly, and sometimes
needlessly, store excessive volumes of
electronically stored information (ESI), preparing
for litigation has become more complex and
particularly diffi cult for the IT personnel charged
with executing legal hold directives. The 2006
amendments to the Federal Rules of Civil
Procedure (the “Amended Federal Rules”) codifi ed
the view that ESI is discoverable and subject to
various retention requirements. The Amended
Federal Rules require that, early in the litigation,
litigants assess their data and confer about issues
relating to the discovery of ESI.1 Because of the
breadth of information stored in corporate
technology environments and because of potential
pitfalls involved in preserving ESI, in-house legal
and technology departments must work together
and communicate well in order to develop policies
that will help them prepare for a Rule 16 “econference,”
as well as admissibility issues that
may arise during the litigation. 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 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."
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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