Employment Law Alert

Employment Law Alert

News and Updates on Employment Law

Category Archives: E-Discovery

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Third Circuit Finds That Failing to Produce Original Documents May Constitute Sanctionable Spoliation

Posted in Discrimination, E-Discovery
Although in recent years employers have become increasingly focused on the preservation, discovery and production of electronically-stored information, the Third Circuit's January 4, 2012 decision in Bull v. United Parcel Service serves as a reminder to companies that original documents can and often do play a critical role in employment litigation matters. The preservation and discovery of originals should not be overlooked. Employers should be certain to both request original documents in discovery (and pursue their production through motion practice as necessary) and take necessary steps to preserve originals when litigation is threatened or commenced… Continue Reading

Pennsylvania Court Orders Plaintiff to Disclose Facebook and MySpace Passwords, User Names, and Log in Names to Defendant

Posted in E-Discovery
A Pennsylvania trial court recently became one of a growing number of courts to rule that a plaintiff's non-public Facebook and MySpace postings are discoverable. On May 19, 2011, in Zimmerman v. Weis Markets, Inc., No. CV-09-1535, 2011 WL 2065410 (Pa. Comm. Pl. May 19, 2011) the Court of Common Pleas of Pennsylvania granted the defendant's motion to compel the plaintiff, a former employee of the defendant, to disclose his Facebook and MySpace passwords, user names and log in names. Notably, the Court reasoned that because the plaintiff voluntarily posted all of the pictures and information on his Facebook and MySpace sites, he had no reasonable expectation of privacy to the postings although the posts were on non-public pages… Continue Reading

Employee Personal Use of Company-Owned Electronic Devices in the Wake of Stengart and Quon

Posted in E-Discovery, Policies/Handbooks, Privacy
In this technology age, employees increasingly make personal use of workplace electronic communications applications. The legal ramifications of such personal use - and how employers can create policies that balance the right to monitor the workplace with employees' expectations of privacy - were examined in an informative panel discussion, "Electronic Communications Policies in the Wake of Stengart and Quon" during Gibbons P.C.'s Fourth Annual E-Discovery Conference on October 28, … Continue Reading

Legal Hold Best Practices after Victor Stanley II, Pension Committee and Rimkus

Posted in E-Discovery
Relevance. Scienter. Prejudice. These three themes permeated a roundtable discussion entitled "Legal Hold Best Practices after Victor Stanley II, Pension Committee and Rimkus" during Gibbons Fourth Annual E-Discovery Conference on October 28, 2010, at Gibbons headquarters in Newark, New Jersey. A distinguished panel discussed legal hold best practices and lessons learned from recent decisions, including proactive measures and creative strategies for companies of all sizes to meet their e-discovery obligations. E-discovery preservation obligations have been a critical issue in employment litigation since Judge Scheindlin's groundbreaking opinion in Zubulake v. UBS Warburg (in which the defendant/employer was sanctioned for failing to preserve documents in a sex discrimination case brought under Title VII)… Continue Reading
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