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Undeliverable: E-mail blocks retaliation claim
by John T. Lovett A federal court in Covington, Kentucky, recently dismissed a retaliation claim based on e-mail evidence that the manager accused of retaliation didn’t know she was denying a request...
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Duty to preserve electronically stored information: an HR primer
by Timothy D. Edwards Approximately 95 percent of all information is created in electronic form. Less than three percent of that information will ever be converted to paper. Billions of e-mails are...
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Court penalizes EEOC for failure to produce social media evidence
by Kate DeForest A federal magistrate judge recently penalized the Equal Employment Opportunity Commission (EEOC) for stymieing an employer’s attempts to secure through discovery an employee’s social...
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Preserving documentation in case of a lawsuit
by Gary S. Fealk “I know we had an e-mail/videotape/memo about that, but I can’t find it.” You might be surprised to learn that lawyers are often told there’s a key piece of evidence that would help in...
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Prepare for e-discovery of data on employees’ personal devices
by Elijah Yip Suppose an e-mail from your company’s in-house attorney instructs you to preserve all documents related to an ex-employee who is threatening to sue the company for wrongful termination....
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Tech execs leave e-mail trail that leads to $300 million settlement for...
by Matthew A. Goodin In 2010, the Department of Justice (DOJ) filed suit against Adobe Systems, Apple, Google, Intel, Intuit, and Pixar over various agreements not to solicit each other’s employees....
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Don’t lose a lawsuit before it’s filed: Preserve electronic evidence
by Ben Mounts Lawsuits are hard. Don’t make them harder for yourself or your employer by failing to preserve relevant evidence. You need to know that employers have a duty to preserve relevant evidence...
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Acceptable-use policy may render employer liable for ignoring e-mail threats
by Steven L. Brenneman Why should the employer of a man who murdered his wife and two sons potentially be liable for wrongful death? According to an Illinois Appellate Court decision, the company’s...
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Court ‘deactivates’ attempt to hide social media information from discovery
by Elijah Yip Have you ever been tempted to delete a social media post that exposes you or your company to liability? A post that seemed like a harmless joke but now could turn into evidence in a...
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E-mails are forever: Former employer must turn over alleged harasser’s messages
by Lacey A. Napper An employee has won the right to “discover” allegedly harassing e-mails her supervisor sent while they worked for a former employer. Facts Andrea Gogel sued Kia, alleging it failed...
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HR lessons from missing phone in Deflategate saga
by Elijah Yip One of the dramatic revelations in the Deflategate saga was that Tom Brady had his cell phone destroyed shortly before meeting with the NFL’s investigators. According to the NFL’s written...
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Forwarding confidential patient information isn’t protected activity, despite...
by Carrie Pond The 6th Circuit recently affirmed a trial court’s decision to dismiss a retaliation lawsuit by an employee who was fired for forwarding confidential patient information to her personal...
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E-mail helps track coach overcome hurdles, win retaliation case on appeal
by James D. Cockrum Based in large part on e-mail evidence, along with a delay in discipline, the Kentucky Supreme Court reinstated a jury verdict in favor of a former assistant track coach at the...
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How good is your ESI preservation system?
by Toni Everton With the increased use of electronic communication and documentation, the preservation of electronically stored information (ESI) is increasingly important, particularly if your company...
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Need evidence? There’s an App-le for that
by Lacey Napper A Kentucky court handling an evidence dispute in a computer data case recently required an employee’s spouse to produce her iPhone for a forensic examination. Facts Brown Jordan and...
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Snooping in company docs may be OK
by Stefanie M. Renaud One afternoon, the head of your IT department stops by your office. Apparently, IT noticed something strange during a standard review of an employee’s online activity. The IT head...
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Preparing for electronic discovery in litigation
by Sarah Caldwell Breslin If you’re involved in current or even threatened litigation, you have an obligation to retain information that is reasonably likely to be relevant and turn it over during...
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