I just read a terrific article on document preservation obligations and spoliation of evidence claims by Emily Duke and Cynthia Moyer of the Fredrikson & Byron law firm in the Summer 2010 ABA Section of Litigation, Committee of Pretrial Practice & Discovery publication. The article, which I haven’t been able to find 0n-line, contains lots of good tips for [...]
Testing for Legal Drugs
Very interesting article in today’s NY Times about the struggle to find a balance between an employer’s duty to keep its workplaces safe and an employee’s right to privacy in the context of testing employees for the presence of certain prescription. One company in Tennessee has been sued by three different employees who were [...]
When can an employee fired for misappropiation get her former employer to pay her legal bills?
Here’s a head scratcher: Seth Levinthal over at Minnesota Litigatorhas a good post on a case that involves a terminated employee’s request to her former employer that it advance her funds to pay her lawyer to defend against its claim that she misappropriate funds. (No, you read that correctly). A potentially weird outcome under [...]
Social Media in the Courtroom
My friend Joel Schroeder at Faegre & Benson has written a terrific article on using social media in litigation, as well as some ideas for discovering it in the first place. It has lots of good lessons for both litigators and their clients.
How Not To Use Technology to Announce a RIF
British employer Everything Everywhere has provided employers on both sides of the Atlantic with a great public service: how not to announce a reduction-in-force. It seems the mobile phone company, which was created by the merger of Orange and T-Mobile, had to advise its 16,000 employees whether or not their jobs were safe following [...]
The “Clash” of Non-Competes
For the hard-core non-compete geeks out there, a new article by University of Washington Law Professor Kate O’Neill entitled (cue the Clash song) “Should I Stay or Should I Go? Covenants Not to Compete in a Down Economy: A Proposal for Better Advocacy and Better Judicial Opinions” may be of interest. Hat Tip: Workplace [...]
Discrimination against Muslim employees is on the rise
Here is a story that is not a big surprise: A record number of Muslim workers are complaining of employment discrimination, from co-workers calling them “terrorist” to employers barring them from wearing head scarves or taking prayer breaks. Muslim workers filed a record 803 such claims in the year ended September 30, up 20 percent [...]