The term “cloud computing” has been tossed about as the new trend in IT. Unfortunately, just as often has you hear the term echoed as the “next big thing” a comprehensible definition rarely follows. So what is cloud computing? The United States National Institute of Standards & Technology (“NIST”) defines cloud computing as: A model […]
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Monthly Archives: December 2012
Students First Amendment Rights and the Schoolhouse Gate.
December 21, 2012 – 3:43 pm
The ability of school officials to limit student free speech has been a matter of significant debate since the seminal case of Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). In Tinker the First Amendment rights of several students were violated when the students were suspended for wearing black armbands in […]
Happy Holidays!
December 21, 2012 – 3:43 pm
To all of our colleagues, business associates, clients, and especially our readers, we would like to take this opportunity to extend our warmest holiday wishes to you and your family. Sincerely, Cullen and Dykman’s E-Discovery Department
The Southern District Sends FLSA Claims to Arbitration
December 21, 2012 – 3:43 pm
Cohen v. UBS Fin. Servs., 2012 U.S. Dist. LEXIS 174700 (S.D.N.Y. Dec. 3, 2012). A recent ruling from the Southern District of New York provides further clarification regarding the use of arbitration clauses in employment agreements. On December 4, 2012, District Judge Barbara S. Jones granted UBS AG’s (“UBS”) motion to compel arbitration in a […]
S.D.N.Y. Sanctions Ryan Leslie for Negligently Destroying His Laptop’s Hard Drive
December 14, 2012 – 8:20 pm
Augstein v. Leslie, 2012 U.S. Dist. LEXIS 149517 (S.D.N.Y. Oct. 17, 2012). It is not really a surprise when a celebrity makes the news after being sued; we see it happen all time. Those cases typically involve some sort of misconduct, domestic issue, or some other media-driven dispute. It is not often that we see […]
Student Awarded $1 Million in Student Harassment Case Against School District
December 12, 2012 – 8:21 pm
On December 3, 2012, the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision that the Pine Plains Central School District violated Title VI of the Civil Rights Act of 1964. [1] For over three years, Plaintiff-appellee Anthony Zeno was a victim to racial bullying by his fellow classmates. When […]
The Problem with Keyword Searches: Not Everyone Can Spell
December 10, 2012 – 6:12 pm
It has been over a year since the verdict in the trial of Casey Anthony, a mother who was accused of murdering her two-year-old daughter, Caylee. The acquittal was widely covered in the media due to strong emotional responses by many of the people following the case. Recently, new evidence was found after an Orlando […]
Message to Employers: When Terminating an Employee Never Mention Anything Relating to the Employee’s Age
December 10, 2012 – 6:12 pm
Brazil v. Volkert, Inc., 2012 U.S. Dist. LEXIS 164601 (N.D. Ala. Nov. 19, 2012). Employers should carefully prepare what they say to employees who they intend to terminate before actually saying it. Often, employers use terms that should be excluded from their vocabulary when in those delicate situations. Employers who fail to do so, may […]