I recently gave a presentation about controlling e-discovery costs in employment litigation. The topic is especially relevant to employers because e-discovery costs and risks are often inherently one-sided. And there is nothing more frustrating for a company to settle a claim with little to no merit, simply because the cost of litigation – magnified
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
Holiday and Year-End Bonuses Often Mark the Beginning of Litigation Festivus
Festivus – as introduced by Seinfeld – is a holiday celebration that included the “Airing of Grievances,” i.e., public criticism and pronouncements as to how a particular person has been a disappointment in the past year.
The timing of holiday and year-end bonuses also often mark the beginning of a similar airing of
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
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