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  • Monthly Archives: November 2011

    New York Continues to Permit Discovery of Social Media

    With Thanksgiving (and the biggest party night of the year – Thanksgiving Eve) this week, I figured it would be a good time to address social media once again, since I know that many people will take photos and post them all over the Internet.  Before you upload those photos to Facebook, I wanted to […]

    Fourth Circuit Rules Employer Must Enforce Dress Code Evenhandedly

    NLRB v. White Oak Manor, 11-CA-21786 (reported at 355 NLRB No. 211) (4th Cir., October 28, 2011). On October 28, 2011, the Fourth Circuit granted the National Labor Relations Board’s application for enforcement of an administrative law judge’s decision that White Oak Manor (“White Oak”) violated the National Labor Relations Act (“NLRA”) by terminating an […]

    How Many Potential Forms Of ESI Can You Spot In The Penn State Scandal?

    For those of you thinking that ESI is just e-mail or that it is not involved in every case – think again!  Everyone has been reading about the Penn State Scandal, but how many of us are thinking about all the forms of ESI that might be relevant in the lawsuits that are sure to […]

    Who Owns Social Media Accounts? It Depends.

    PhoneDog v. Kravitz, 2011 WL 5415612 (N.D. Cal. Nov. 8, 2011). Social Media continues to be the topic of discussion lately in the labor and employment field.  On November 8, 2011, the Northern District of California joined the discussion in addressing, among multiple issues, who owns social media accounts – employees or their employers? In […]

    Marcellus’ Legal Boom

    While there is a “de facto” moratorium in place on hydrofracking in New York, legal battles are beginning to emerge, and expected to increase, in the Marcellus Shale region.  The promise of wealth associated with natural gas drilling has called into question the ownership of mineral rights and surface rights. Energy companies in Pennsylvania have […]

    Employment Litigation in Review #1

    Often in the employment and labor field there are minor events worth noting, but not worth dedicating an entire post to. With that said, it is our pleasure to introduce the first of our “Employment Litigation in Review” series. This series will contain short articles detailing minor changes in the law, proposed legislation, and case […]

    Do Companies Actually Preserve Social Media?

    Since 2004, Fulbright & Jaworski L.L.P. has released a survey titled “Litigation Trends,” which tracks the current trends in litigation for corporate counsel.  The 2011 survey gathered input from 405 in-house counsels, including 275 U.S. respondents, and provided some useful insight for e-discovery practitioners. Here are some of the findings in regards to issues involving […]

    Marcellus Shale Development Recommendations Delayed

    The report of the High-Volume Hydraulic Fracturing Advisory Panel, made up of environmental, industry and local government representatives tasked with developing recommendations on how to organize state and local resources needed to oversee and monitor the likely drilling boom in New York’s part of the Marcellus Shale, will not be completed by the November 1st […]