The American Bar Association’s 2011 list of Top 100 Law Blogs (I refuse to use “blawg” whenever possible) is out.
It is a list that consist of a diverse group of top-shelf thought leaders who provide equally great insight in their respective areas of expertise. The common thread among these bloggers, however, is the passion
Craig Ball, a top-shelf e-discovery thought leader, recently wrote a blog post asking “Should a Legal Hold ‘Waiver’ Be Secured from Departing Employees?” As explained below, the answer is no.
But first for background purposes, a party – an individual or business entity – has an obligation to preserve information, in any
The Detroit Free Press (by Tresa Baldas) reported that a former McDonald’s employee was recently caught stealing customers’ credit card information while working the drive through.
According to the criminal complaint filed in the Michigan Eastern District Court (PDF) the former employee, Teresa Pulliam, is charged with access device fraud after she was caught on video
U.S. federal and state civil laws frequently overlap with criminal laws. This creates the opportunity for what is often referred to as parallel proceedings, e.g., simultaneous or successive civil and criminal proceedings.
As explained below, companies are often in a legal bear trap when caught in parallel proceedings because of the assertion of Fifth Amendment rights
The preliminary results of the U.S. Department of Labor’s National Census of Fatal Occupational Injuries for 2010 showed mixed results as to workplace violence.
Specifically, workplace homicides declined 7% in 2010 to the lowest total ever recorded by the fatality census. But workplace homicides involving women increased by 13%.
Historically, 11,613 workplace homicide victims were
Certainly social networking sites like Facebook, LinkedIn, blogs, and Twitter provide employers with opportunities to obtain useful, legitimate, and relevant information about a job applicant. But the above Dilbert comic by Scott Adams underscores that there are also risks in using such social media outlets to screen job applicants.
Specifically, if employers use social media
Under Michigan law, noncompetition agreements (sometimes referred to as covenants not to compete or restrictive covenants) are generally enforceable as long as the restriction is reasonable as to subject matter, geographical scope, and duration.
But recently proposed legislation would significantly limit Michigan’s noncompete law, which is found in Michigan’s Antitrust Reform Act (MARA), MCL 445.771
What’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.
Ken 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