I am presenting a Webinar titled E-discovery Tips for Winning Employment Cases, on May 31, 2012. One of the main problems the presentation addresses is reducing the difficulty employers experience when it comes to meeting their preservation obligations in response to employment litigation. However, with various regulations, record keeping requirements and creative lawyers, this
Litigation Holds
Asking Departing Employees to Sign a “Legal Hold Waiver” is the Wrong Tool for Meeting E-Discovery Preservation Obligations
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…
Proper E-Discovery Preservation Critical for Avoiding the Cuckoo’s Nest
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 …
Knowing When to Hold ‘Em: Considerations for Getting the Preservation Obligation Right in Employment Discrimination Claims
Growing up, my dad was a huge country music fan. I refused to appreciate this style of music for no other reason than it was what my parents liked. But one song I vividly remember was the Gambler by Kenny Rogers.
The refrain from that song always plays in my mind when it it comes…
Are Employers Still Confused When it Comes to E-discovery Preservation?
A recent employment discrimination claim highlights that employers and their lawyers still struggle with e-discovery preservation obligations.
In Haraburda v. Arcelor Mittal USA, Inc.(N.D. Ind. 6/28/2011) (PDF) the defendant former employer was ordered by the Court to implement a broad litigation hold to preserve information that may be discoverable (i.e., information that relates or may…
Prominent Detroit Law Firm Settles Employment Discrimination Claims Following Allegations of Mismanaging E-Discovery Preservation
On May 31, 2011, Crain’s Detroit Business (by Chad Halcom) reported that a prominent Detroit law firm and its Vice-Chairman had settled litigation involving various employment law claims filed by a former executive assistant.
I previously reported on this employment discrimination litigation and also discussed the lessons to be learned from the law firm’s alleged…
The Importance of Timely Preserving Email in Employment Discrimination: Part II
Part I of this post discussed the background of a party’s obligation to preserve email information in response to an employment litigation claim and when that obligation may arise. As explained in Part I, this discussion took place in the context of an employment discrimination claim against a prominent Detroit law firm Honigman Miller Schwartz…
The Importance of Timely Preserving Email in Employment Discrimination: Part I
A prominent Detroit law firm, Honigman Miller Schwartz and Cohn, was recently sued by a former executive assistant after she was discharged following an on-the-job injury and related employment discrimination claims.
For any employer, dealing with such a garden variety employment discrimination claim has risks and costs. But the suit against Honigman also provides…