Tag Archives: electronic discovery

Avoiding & Reducing Risks of Sanctions in Employment Litigation

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 is becoming … Continue Reading

If an Employment Discrimination Claim Crashes & Burns Are You Going to be Burned in the Fire? Best Practices for Electronic Discovery Preservation.

Attorney Robert D. Brown, Jr. of the Gibbons law firm has a great write-up about a recent dismissal of an employee’s discrimination claim. The dismissal was granted after the plaintiff destroyed certain computer related evidence. See How a Case Can Crash and Burn: Why a Litigant Should Not Set Afire a Computer After It Crashes … Continue Reading

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 … Continue Reading

Former Employee Gets a Free Pass for Deleting Evidence in Employment Dispute

A recent employment termination turned litigation offers important lessons for employers and employees when it comes to preserving computer information maintained on company issued laptops and related equipment. In Larkin v. Trinity Lighting, Inc. (PDF) (S.D. Miss. Apr. 20, 2011), Larkin was employed by Trinity as a salesperson and provided a company laptop, desktop computer, and … Continue Reading
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