The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States, a seminal 1981 decision addressing this topic in the corporate context, the Supreme Court of the United States noted: “[i]n light of the
Articles Discussing The Work Of Practicing Labor And Employment Law.
U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation
The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case basis whether to put the proceedings on hold in Coinbase Inc. v. Bielski, No. 22-105.
Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration
On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the district court of jurisdiction of a case and therefore puts the case
U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued
The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral argument in the U.S. Supreme Court on November 8, 2022.
Pro Bono Week Podcast – Pet Rescue
Mike Dissinger and Jenny Schwendemann tell the story of how Mike’s love of dogs led him to start working with a pet rescue organization in Las Vegas (as well as taking home a new pup in the process).
Littler attorneys provide pro bono services in a variety of areas,
U.S. Supreme Court to Clarify Scope of Attorney-Client Privilege Issue
The U.S. Supreme Court has agreed to review a case to clarify the scope of attorney-client privilege in the context of dual-purpose communications. In re: Grand Jury, No. 21-1397.
Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit
On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens v. Circassia Pharmaceuticals, Inc., the court affirmed summary judgment
Employment Litigation: Perspectives from the ‘Other Side”
In this episode, Jen chats with Tim Del Castillo, a respected litigator who represents both employers and employees. Jen and Tim offer practical guidance on the most common employer mistakes and how to stay out of court.
Federal Court: Employee’s Self-Serving Testimony and Discovery Responses Did Not Satisfy Burden of Proof on Summary Judgment
In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own speculative beliefs and personal disagreement with his employer’s legitimate business reason for terminating his employment.
Parties, Start Your Engines: Snap Removals and Defeating Incomplete Diversity
In what is known as a “snap” removal, a non-resident defendant may be able to remove a state court case to federal court based on diversity jurisdiction, despite resident defendant(s) being named in the suit. To effect a snap removal, the non-resident defendant must file removal papers before the
“No Concrete Harm, No Standing”: The Supreme Court Reinforces the Requirement for Injury-in-Fact Even for Violations of Federal Statutes
On June 25, 2021, the U.S. Supreme Court issued its opinion in Ramirez v. Trans Union, holding that the 8,185 class members had Art. III standing for some but not all of their claims under the Fair Credit Reporting Act (FCRA). Relying largely on its opinion in Spokeo v.
Beyond E-Discovery: The Ethical & Legal Use Of Machine Learning Technologies
In contemporary litigation, “machine learning” and “predictive analytics” are phrases that are typically used in the context of e-discovery. However, as these technologies grow and evolve, so too will their application and utility in employment decisions and legal proceedings. At Jackson Lewis, we are committed to remaining at the forefront
Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims
The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) cannot be subject to contractually
Court Excludes EEOC Determination Letter That Contained Factual Inaccuracies and Conclusions of Law.
Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial. In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC) determination letter because its probative value was outweighed by its prejudice. No. 19-446-WBV-DPC (E.D. La. Dec.
Emotional Support Animals on the Witness Stand?
The Pennsylvania Supreme Court has agreed to hear an appeal on the issue of whether a witness may have an emotional support animal present while testifying at trial.
In Commonwealth v. Purnell, the Superior Court of Pennsylvania upheld a trial court’s ruling that an autistic minor witness could have a