I feel naked. And, I have the vapors. Quick! Someone fetch me my diamond-studded bathrobe and, oh yes, my pearls for clutching. Evidence is evidence. Someone once described the Seventh Circuit Court of Appeals to me as a maverick court. Like the kinda court that goes to Morton’s The Steakhouse and orders a Grilled Chicken…
A reader emailed me yesterday. “Hey Eric, Clients are wondering about value of settlement NDAs after ex-Fox News HWE victims go public despite contracts. Your reaction?” Wait! You mean employees actually violate confidentiality provisions? I know, right? By way of brief background, in late July, New York ran a story by Gabriel…
About a year ago, I had a post entitled, The “E” in E-Mail stands for Exhibit. As in Exhibit A. Here’s a snippet: As part of my respect-in-the-workplace training, I tell employees and managers that bad e-mails are like dirty diapers: they stink and they never go away. Yeah, about…
If you’ve ever had to address a Charging Party’s EEOC Charge of Discrimination, you know that drafting a good Position Statement, in which the specific claims of discrimination are addressed and supported with documents and facts is hella-key. This especially holds true now that the EEOC has announced new nationwide procedures that provide…
More litigants are requesting that their adversaries produce social media evidence during litigation. Often this information is reasonably likely to lead to the discovery of admissible evidence at trial. For example, a Facebook status update about a great day from a plaintiff suing her former employer for discrimination could bear…
Savvy lawyers today use social media to mine and collect important data about litigants. But cross that line from savvy to shady, and you may find yourself in deep do-do. (Kinda like the blow-out I encountered when I reached inside the back of my youngest’s wetsuit at the pool this…
I’m a little late to the game on this case (Gatto v. United Airlines). It’s about a personal injury case in which the defendant sought discovery of a the plaintiff’s Facebook page. Yadda, yadda, yadda, plaintiff deletes his Facebook page and the court sanctions the plaintiff. But here’s the part…
Most parties (and their attorneys) expect that settlement communications are not admissible at trial. There’s even a federal rule of evidence on this subject. However, a federal court recently recognized an exception. But, with all due respect to the United States District Court for the District of New Jersey, the…
Welcome everyone to the Employment Law Blog Carnival: Hollywood Casting Call Edition. [Editor’s Note: The original theme for this post was the “Employment Law Blog Carnival: Sex, Drugs, and Rock & Roll Edition.” I had this bright idea to begin by cutting and pasting the lyrics to Guns N’ Roses’ “My…
I’m gearing up to host the Employment Law Blog Carnival on Wednesday, so I’m mailing it in today with a quick shout out to Venkat Balasubramani posting over at Eric Goldman’s Technology and Marketing Law Blog. Admittedly, I have fallen behind on updating you, my loyal readers, on the world…