• Cullen and Dykman LLP Blogs

  • Archives

  • Monthly Archives: February 2012

    Magistrate Judge for the E.D.N.Y. Denies Request to Compel Party to Turn Over Facebook Login Information

    Davids v. Novartis Pharm. Corp., No. CV06-0431, (E.D.N.Y. February 24, 2012) In a short opinion on February 24, 2012, the Eastern District of New York ruled on whether the plaintiff in her claim against a pharmaceutical company could be compelled to turn over her Facebook account’s login username and password. Davids v. Novartis Pharm. Corp., […]

    U.S. Equal Employment Opportunity Commission Releases Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers

    Recently, the Equal Employment Opportunity Commission (“EEOC”) published Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers. According to agency, the guide “describes how theADA applies to recruiting, hiring, and accommodating veterans with disabilities, and briefly explains how protections for veterans with disabilities differ under USERRA and theADA. The guide also provides information […]

    Breast Cancer Awareness Bracelets and the First Amendment

    Where do you stand on “I (Heart) Boobies!” bracelets? Schools across the country have recently grappled with the scope of students’ First Amendment rights within the context of students wearing “I (Heart) Boobies!” bracelets. The bracelets at issue are sold by Keep a Breast Foundation, whose mission is to “expose young people to methods of […]

    Southern District of New York Addresses Predictive Coding During E-Discovery

    Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (S.D.N.Y. Feb. 8, 2012). On February 8, 2012, Magistrate Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York heard the parties in Da Silva Moore v. Publicis Groupe, No. 11 Civ. 1279 (S.D.N.Y. Feb. 8, 2012) and ordered […]

    Fourth Circuit Holds Employee Was Not Disabled Under ADA Because Able to Work 40 Hours Per Week

    Boitnott v. Corning Incorporated, Case No. No. 10-1769 (4th Cir. February 10, 2012)  On February 10, 2012, the 4th U.S. Court of Appeals joined a majority of the other circuits who have ruled that an individual’s inability to work overtime hours is not a “substantial limitation” that would entitle him to the protections of the […]

    What’s in Your Employee Handbook?

    Employers should always have an employee handbook.  Generally, where a company does not have a handbook, it risks increased litigation, especially since both the FMLA and COBRA require policies detailing an employee rights under those acts. Further, some states (e.g.New York) require employers to have policies concerning leave or workplace smoking. There are many advantages […]

    My Employer Closed My Office. Where’s My Union Representatives?

    Decisions in the workplace are made everyday. Sometimes these decisions require the employer to contact the union who represents their employees; other times they can simply take action without contacting anyone. This issue becomes of particular concern when employers decide to shut down or partially close facilities. So, when does an employer have to bargain […]

    New York’s Appellate Division for the First Department Adopts Zubulake

    VOOM HD Holdings LLC v EchoStar Satellite L.L.C., 2012 NY Slip Op 00658 (1st Dept Jan. 31, 2012) On February 1, 2012, the First Department became the first New York appellate court to adopt the preservation requirement set forth in Zubulake v. UBS Warburg LLC, 220 F.R.D. 212 (SDNY 2003) to determine the scope of […]

    Second Circuit Rules on Class Action Waivers for a Third Time

    In Re American Express Merchants’ Litigation, No. 06-1871 (2d Cir. Feb. 1, 2012) In a case that has seen the U.S. Court of Appeals for the Second Circuit three times and the Supreme Court once, the Second Circuit held that a class action waiver in an arbitration agreement “must be considered on its own merits, […]

    Court Orders Defendant to Decrypt Her Laptop’s Hard Drive

    U.S. v. Fricosu, 10-CR-00509 (D. Colo. January 23, 2012). On January 23, 2012, a District Court for the District of Colorado ruled that a defendant in a mortgage fraud case had to provide the government with an unencrypted version of a hard drive despite her Fifth Amendment claim of self-incrimination. This case surrounds an encrypted […]