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Inadvertent Disclosures: Who Benefits?

Plaintiff Steve Pick filed suit against Defendant City of Remsen (and other defendants) alleging, among other claims, violations of constitutional rights pursuant to 42 U.S.C. § 1983. Pick served the...

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Expert Reports: When Must You Disclose?

When Robocast saw the new UI (user interface) for the Microsoft Xbox 360 “Video” and “Home” channels, Windows 8 Xbox Music Box software, Bing.com, MSNBC.com, and MSN.com, all which utilized a video...

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Watch Out, Facebook Posts and Texts Can Be Discoverable Material!

In this case, the Plaintiff Ms. Veronica Painter is suing her employer, Defendant Aaron Atwood, D.D.S. Painter claimed that while she was at work, the dentist climbed on top of her with his pants down...

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Can Employers Use Social Media Activity to Prove Laziness in the Workplace?

Can an employer on the hook for unpaid overtime request every social media post made by an employee during a three-year period in order to show that the employee was working on her electronic image...

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Preserve, Preserve, Preserve!

Author: Nick Plinio Cases cited: Estate of Shaw v. Marcus, Nos. 14 Civ. 3849 (NSR) (JCM), 14 Civ. 5653 (NSR) (JCM), 2017 WL 825317 (S.D.N.Y. Mar. 1, 2017); Zubulake v. UBS Warburg LLC, 216 F.R.D. 280,...

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Don’t Make the Same Mistake Twice

Author: Victoria FerenzCase Citation: Irth Solutions LLC v. Windstream Communications LLC, No. 2:16-cv-219 (S.D. Ohio Aug. 2, 2017)Employee/Personnel/Employer Implicated: In-house Counsel, litigation...

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What Happens When an Effort to Expedite ESI Discovery Turns into a Quagmire...

Author: Kiersten A. Fowler Case Citation: EPAC Technologies, Inc. v. HarperCollins Christian Publishing, 2018 U.S. Dist. LEXIS 53360 (M.D. Tenn., March 29, 2018). Employee/Personnel/Employer...

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What Should a Party Do When Filing a Renewed Motion to Compel? The Secret to...

Author: Kiersten A. Fowler Case citation: Firefighters’ Ret. Sys. v. Citco Grp. Ltd., Civ. Action No. 13-373-SDD-EWD (M.D. La. Jan. 3, 2018) Employee/Personnel/Employer Implicated: Firefighters’...

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What Is One Issue Defendant Airline Companies Can’t Fly Away From? A...

Author: Maria A. GrajalesCase Citation: In Re Domestic Airline Travel Antitrust Litigation, No. 15-1404, 2018 WL 4441507 (D. D.C. Sept. 13, 2018).Employee/Personnel/Employer Implicated: Outside...

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Never Spend Your Money Before You Have It, And Never Allege Discovery Issues...

Author: Ashley E. MorganCase Citation: Physicians All. Corp. v. WellCare Health Ins. of Ariz., Inc., No. 16-203-SDD-RLB (M.D. La. Feb. 27, 2018) Employee/Personnel/Employer Implicated: Defendant...

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