October 2011

Sexual harassment.jpgWhat’s a Presidential campaign without sex? Or at least allegations of sexual harassment?

In this regard, Politico reported that Herman Cain, a Republican presidential hopeful, engaged in conduct that resulted in at least two out-of-court settlements with women who complained they were subjected to inappropriate conduct by Mr. Cain. These settlements occurred while Mr.

one-flew-over-the-cuckoos-nest.jpgKen Kesey, an American author best known for his novel One Flew Over the Cuckoo’s Nest (1962), once exclaimed “To hell with facts! We need stories!”

Mr. Kesey’s exclamation often becomes the storyline when a party to litigation mismanages their e-discovery preservation obligations and is then forced to respond to sanctions and spoliation

Computer Crime HandcuffsI previously discussed an employer’s obligation for reporting child pornography found on company IT resources. See What Should an Employer Do if Child Pornography is Discovered in the Workplace. One of the recommendations made in that post was to report child pornography to law enforcement, “no exceptions.”

The importance for following this recommendation was recently

Nuts & Bolts.jpegEmployers, HR professionals, and job applicants generally understand that there are questions that can be asked during the interview process and there are questions that cannot be asked because they violate state and federal employment statutes.

For example, under Michigan law, an employer may not “use a written or oral inquiry or form of application

Shareholder Agreement.jpgA recent Michigan Court of Appeals Opinion has significant impact on small businesses, employment discrimination claims, and arbitration agreements. This decision is likely to especially impact professional businesses such as law firms and doctors groups.

Specifically, in Hall v Stark Reagan, P.C., two former law partners were forced out of their professional corporation after