Archives for August 2012 | Cullen and Dykman's Blogs

Employment Litigation in Review #6 (The Summer 2012 Edition)

August 31, 2012 – 6:37 pm

U.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt from Overtime Pay Christopher v. Smithkline Beecham Corp., 567 U. S. ____ (2012). On June 18, 2012, the Supreme Court in a 5-4 decision resolved a conflict between the Second and Ninth Circuit Courts of Appeal where the two Circuits differed as to whether pharmaceutical sales […]

Southern District Reaffirms New York State Rule That Non-Compete Covenants Are Unenforceable Against Employees Terminated Without Cause

August 27, 2012 – 8:09 pm

Arakelian v. Omnicare, Inc., 2010 U.S. Dist. LEXIS 84828 (S.D.N.Y. Aug. 18, 2010). In Arakelian v. Omnicare, Inc., the Southern District of New York reinforced a rule long followed by New York State courts when it held that an employee terminated without cause is not bound by non-competition and non-solicitation provisions of a restrictive covenant […]

By Justin F. Capuano | Posted in Cullen and Dykman's Blogs, Employment Litigation | Comments Off

Judge Scheindlin Sends Federal Agencies a “Message” About Their E-Discovery Obligations Under the Freedom of Information Act

August 24, 2012 – 3:46 pm

Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency, 2012 U.S. Dist. LEXIS 97863 (S.D.N.Y. July 13, 2012). Shira A. Scheindlin, U.S.D.J. for the Southern District of New York, has issued a forty – nine page decision in Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency [1] […]

By James G. Ryan | Posted in Cullen and Dykman's Blogs, E-Discovery | Comments Off

Second Circuit Upholds New York’s Ban Against the Use of “Aversive Interventions”

August 22, 2012 – 8:30 pm

Bryant v. New York State Education Department, No. 10-4029-cv, — F.3d — (2d Cir. August 20, 2012). On August 20, 2012, the United States Court of Appeals for the Second Circuit issued a divided 2-1 decision in Bryant v. New York State Education Department, No. 10-4029-cv, — F.3d — (2d Cir. August 20, 2012), upholdingNew […]

By James G. Ryan | Posted in Education | Comments Off

Second Circuit Determines Teacher Who Worked 1,247 is Eligible under the Family and Medical Leave Act

August 20, 2012 – 6:56 pm

Donnelly v. Greenburgh Central School District No. 7, — F.3d —, No. 11-2448-cv, (2d Cir. August 10, 2012). In Donnelly v. Greenburgh Central School District No. 7, — F.3d —, No. 11-2448-cv, (2d Cir. August 10, 2012), the Second Circuit Court of Appeals reminded employers that keeping accurate records of the hours worked by employees […]

By James G. Ryan | Posted in Cullen and Dykman's Blogs, Employment Litigation | Comments Off

Second Circuit Determines that a Failure to Issue a Litigation Hold Notice is not Considered Gross Negligence Per Se

August 20, 2012 – 3:50 pm

Chin v. Port Authority of New York & New Jersey, — F.3d —, 2012 WL 2760776 (2d Cir. July 10, 2012) After a brief summer intermission, our E-Discovery blog is back under way with a recent Second Circuit decision from July 2012. In Chin v. Port Authority of New York & New Jersey, — F.3d […]