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  • Monthly Archives: October 2012

    Court Orders Responding Parties to Demonstrate Why ESI Is Not “Reasonably Accessible”

    Murray v. Coleman, et al., 2012 U.S. Dist. LEXIS 130219 (W.D.N.Y. Sept. 12, 2012). On September 12, 2012, a District Court for the Western District of New York ruled that a Defendant had thirty days to file an affidavit detailing why certain electronically stored information (“ESI”) was not “reasonably accessible” as required by Rule 26(b)(2)(B) […]

    New Whistleblower Incentives under the Dodd-Frank Act

    Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) has attempted to strengthen enforcement efforts by adding section 21F to the Securities Exchange Act of 1934.[1] The new section is entitled “Securities Whistleblower Incentives and Protections.”[2] In order to prevent the type of fraud that contributed to the financial crisis, the […]

    What is a “Clawback” Agreement?

    We recently talked about how judges may deny overly broad discovery requests and the effect of performing ineffective searches on data. Well, what happens if a party creates the perfect search, reviews the documents that are responsive to those searches, and inadvertently produces something that should have been marked as privileged? In general, the duty […]

    Cheerleader Banners with Bible Verses

    In Kountze, Texas a lawsuit is pending on students’ right to religious expression. The dispute arose in September 2012 when the Kountze school district received a letter from the national Freedom From Religion Foundation stating that the school’s cheerleaders were holding banners that violated constitutional doctrine.[1] The dispute arose when the cheerleaders painted Bible verses […]

    NLRB Addresses Knauz BMW’s Hot Dog Situation in its Second Decision Regarding Social Media

    Knauz BMW, 358 N.L.R.B. No. 164 (Sept. 28, 2012). On September 28, 2012, the National Labor and Relations Board (“NLRB”) issued its second decision involving an employee’s use of social media. Lucky for us, the case is one we have covered multiple times on the blog here and here. Put simply, in Knauz BMW, a […]

    Judge Dismisses Attorney General’s “Fracking” Suit Over the Delaware River Basin

    U.S. District Judge Nicholas G. Garaufis recently dismissed a lawsuit brought by New York Attorney General Eric T. Schneiderman against the Delaware River Basin Commission (“DRBC”), EPA, and other federal agencies seeking to compel the production of a full environmental study on the impact hydraulic fracking could have on the Delaware River Basin. Judge Garaufis […]

    Football Player Kicked Off College Football Team for a Kiss

    At a North Dakota College of Sciences football game over labor-day weekend, Jamie Kuntz, age 18, was disciplined for kissing a man, age 65. After being questioned about the incident, Jamie Kuntz replied that he had only kissed his grandfather. After feeling remorse for lying, however, freshmen Jamie Kuntz explained to football coach Chuck Parsons […]

    Simple Solutions: Optical Character Recognition with ABBYY FineReader 11

    In modern litigation, the discovery process is often lengthy and expensive, depending on the complexity of the issues and the amount of documents that may need to be produced.  Frequently, e-discovery vendors are necessary to help organize and sift through the potential millions of pages of documents that both your client delivers to you or […]

    Circuit Split: How Does the CFAA Apply to Employment Cases?

    Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business.  What recourse would you have against the rogue employee? The Computer Fraud and Abuse Act (“CFAA”) provides a potential avenue for the company to seek redress against the siphoning of confidential information by mischievous […]

    Supreme Court to Decide the Future of Affirmative Action in Higher Education

    Today the Supreme Court will hear oral arguments addressing the constitutional validity of affirmative action in higher education.  The case involves a white woman, Abigail Fisher, who applied to the University of Texas in 2008. Ms. Fisher claims she was denied admission despite demonstrating academic credentials that were superior to minority students who had gained […]