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  • Monthly Archives: January 2013

    The Department of Education Requires that School Sports be open to the Disabled

    Over 40 years ago, Title IX mandated that schools balance the resources allocated to men’s and women’s educational programs including extracurricular sports. The sweeping overhaul dramatically improved the athletic opportunities for females by expanding both high school and college athletic programs. The Education Department has now issued its latest “guidance” requiring that students with disabilities […]


    Imagine the power grid shutdown, transportation at a standstill, and a contaminated water supply all occurring at once. These collective disasters Janet Napolitano, United States Homeland Security Secretary, cautioned, could result from a major cyber-attack. Napolitano noted that such an attack could have a tremendous impact equivalent to Superstorm Sandy that crippled the Northeast. Napolitano […]

    Supreme Court Decides Kloeckner v. Solis

     Kloeckner v. Solis, 133 S. Ct. 596 (U.S. 2012). On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute listed in §7702(a)(1) should seek judicial review in district court, not in […]

    How to Navigate Social Media Discovery in New York

    With the increased use of social media, the laws regarding such have been evolving. Discovery of social media has become routine and can be extremely helpful during the discovery phase of litigation. Now that the use of social media discovery has become common, the question becomes how to go about making a request and physically […]

    Federal Court Finds That Veganism May Constitute a Religious Belief

    The flu season has started out strong this year, already reaching epidemic proportions.  A public health emergency has been declared in Boston as flu cases skyrocket to levels 10 times higher than the 2011-2012 season. A mere cough or sneeze from a co-worker now sends people into red-alert as they scramble for the hand-sanitizer and […]

    Elvis Presley Song Lyrics Causing Trouble in 2013?

    Elvis Presley certainly stirred up controversy in the 1950s but who would have thought that his songs would create an uproar in 2013.  A Utah school district nearly canceled a production of “All Shook Up” after finding that it included sexually suggestive songs that could be deemed offensive. [1] The show is based on a […]

    Court Seeks Reasoned Explanation from NLRB

    Medco Health Solutions of Las Vegas, Inc. v. NLRB, 2012 U.S. App. LEXIS 25548, 1 (D.C. Cir. Dec. 14, 2012). The U.S. Court of Appeals for the D.C. Circuit recently remanded a decision by the National Labor Relations Board (the “Board”) that found an employer had violated the National Labor Relations Act by ordering an employee to remove […]

    Fourth Circuit Rules Emails Sent from Husband’s Work Address to His Wife Are Not Privileged

    United States v. Hamilton, 701 F.3d 404, 2012 U.S. App. LEXIS 25482 (4th Cir. Va. 2012) On December 13, 2012, the Fourth Circuit found that emails sent from a husband to a wife were not protected by the marital privilege because they were sent from his work computer. In United States v. Hamilton,[1] a jury […]

    OCA Proposes Amendments to Extend the Discussion of e-Discovery Issues to non-Commercial Division Cases

    In a memorandum issued on January 7, 2013, the New York Office of Court Administration (“OCA”) proposed amendments to both the Uniform Rules of the Trial Courts (22 NYCRR § 202.12(b) and (c)(3)) and the Rules of the Commercial Division (22 NYCRR § 202.70(g)). The amendment to § 202.12(b) will extend the requirement that counsel discuss e-discovery […]

    Court Rules Against Imposing Sanction of Dismissal Because Plaintiff’s Conduct Did Not Rise to the Level of a Willful Violation

    Fid. Nat’l Title Ins. Co. v. Captiva Lake Invs., LLC, 2012 U.S. Dist. LEXIS 163801, 1-2 (E.D. Mo. Nov. 16, 2012) A United States District Court in the Eastern District of Missouri recently denied a Defendant’s motion seeking to impose a sanction of dismissal against the Plaintiff because the Plaintiff’s conduct did not “rise[] to […]