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  • Author Archives: Cynthia A. Augello

    Until Death Do Us Part? Magistrate Judge Holds that Corporate Attorney-Client Privilege Dies with the Corporation

    For individuals, the attorney-client privilege is one of the most important aspects of the attorney-client relationship. It is clear that this privilege survives after a person’s death because he/she will be more willing to have honest discussions with his/her lawyer knowing that what is said can be taken to the grave. People are generally concerned […]

    Federal Court in Utah Finds No Duty to Defend Under Cyber Insurance Policy

    Cybersecurity has become a very hot topic with more and more reports of cyber-attacks on U.S. companies and governmental agencies. In one of the first cases to discuss cyber insurance coverage, Travelers v. Federal Recovery Services Inc.,[1] the U.S. District Court for the District of Utah ruled a “CyberFirst Policy” issued by Travelers does not […]

    Employers Can be Liable For Acts of Anonymous Harassers

    A recent federal court case emphasized an important lesson for all companies to consider: employers are under an obligation to investigate employee complaints of a hostile work environment even if the identity of the harasser is unknown. Failure to investigate all good faith complaints of harassment can result in serious liability for the employer. In […]

    New California Law Recognizes Cheerleaders as Employees Not Independent Contractors

    Amid recent review of employees being misclassified as independent contractors, which may not entitle them to overtime, sick days and other protections, California governor Jerry Brown signed a bill into law requiring that any cheerleader who works for a professional sports team in the state receive minimum wage and other benefits. The bill, AB 202, […]

    Second Circuit Adopts a New Test to Determine Whether Unpaid Interns Should be Classified as Employees

    Earlier this month, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) issued a new test for determining whether interns must be classified and paid like “employees,” as that term is defined in the Fair Labor Standards Act (“FLSA”). The court rejected the test established by the U.S. Department of Labor (“DOL”), and […]

    With Its Decision in Glebe v. Frost, The Supreme Court States That Even When A Conviction Is Fundamentally Flawed, Habeas Corpus Relief May Be Denied

    In April 2013, over the course of eleven days, Joshua James Frost and two associates committed a series of armed robberies in Washington State. Frost was charged with: (1) robbery and related offenses and (2) participating as an accomplice. During closing arguments, Frost’s lawyer requested to argue both: (a) that the prosecution failed to prove […]

    Data Breach Decisions Setting A Higher Threshold For Standing For Plaintiffs Do Not Mean Businesses Are Off The Hook

    There are only two types of companies left in the United States:  those that have been hacked and those that will be hacked. In the last year alone, forty-three percent (43%) of U.S. companies experienced a data breach, resulting in the misappropriation of millions of individuals’ personal and financial information. As this number continues to […]

    Jury Awards Ex-Intern $18 million for Attacks by her CEO Boss

    In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in compensatory damages plus $16 million in punitive damages. Bouveng claimed that she was forced to have sex with Wey in the $3,600-per-month […]

    Second Circuit Rules That Federal Court Retains Subject Matter Jurisdiction even after Class Action Removal

    In a recent case, the Second Circuit Court of Appeals (“Second Circuit”) held that even after a plaintiff amends a complaint to remove class action allegations, a federal court retains subject matter jurisdiction over a case that had previously been removed under the Class Action Fairness Act (“CAFA”). By way of brief background, in In […]

    With the Supreme Court’s Decision in Carroll v. Carman, The Rear Doors of Your Property May Be Subject To Police

    It’s commonly said that “a man’s home is his castle.” However, today’s homes don’t have large stone walls, moats, or drawbridges; they no longer contain monstrous structures that draw definitive lines between the areas of the property that are private and those that are public. Without such definitive lines, a vital question arises: what entrances […]