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  • Monthly Archives: February 2013

    Teacher’s Comments About The First Lady Land Him In Hot Water

    Bob Grisham, an Alabama high school teacher, has been suspended for 10 days without pay as a result of making comments referencing the first lady’s posterior. Grisham’s remarks including referring to the first lady as “fat butt Michelle Obama” can be heard in an audio recording made by a student. Additionally, Grisham’s rant also included […]

    Court Awards Defendants $2.8 Million in Computer-Assisted Review Fees

    Gabriel Technologies Corp., et. al, v. Qualcomm Inc., et. al, 08CV1992 AJB MDD, 2013 WL 410103 (S.D. Cal. Feb. 1, 2013). On February 1, 2013, District Judge Anthony J. Battaglia for the Southern District of California awarded the prevailing parties over $12.4 million in attorneys’ fees; $2.8 million of which were related to fees generated […]

    Unemployment: New Basis for Discrimination under Proposed Law

    The New York City Council has recently taken steps to expand anti-discrimination laws by prohibiting employers from discriminating against job applicants on the basis of their employment status. If enacted, Bill 814-A would provide recourse for jobless individuals who believe they have suffered an adverse decision as a result of their unemployment. Although other jurisdictions, […]

    The Pledge of Allegiance . . . Translated?

    Standing in class, staring up at the American flag, placing your right hand over your heart, and reciting the Pledge of Allegiance, this is a memory we can all recall from childhood.  Recently, however, a cloud of controversy has entangled a Colorado High School were a student recited the Pledge in Arabic. Tom Lopez, the […]

    Court Quotes Mark Zuckerberg’s Opinion of Where Privacy is Going on the Web

    Fawcett v. Altieri, et al, No. 100008-12, (N.Y. Sup. Ct., Richmond County January 11, 2013). Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive office. In Fawcett v. […]

    Taken Out of Context: The Danger in Employee Emails

    Imagine walking past a conversation between your supervisor and another manager in which you hear the supervisor say “it’s really terrible” and the manager replies “yeah, we really need to cut back, but it’s going to be tough.” Immediately, your mind begins racing as you envision the wave of layoffs that are inevitably going to […]

    Notice to Litigators: Requests for Social Media Must Be Made During Discovery

    Guzman v. Farrell Building Co., et al, No. 06-8462, (N.Y. Sup. Ct. October 3, 2012). On October 3, 2012, Suffolk County Supreme Court Justice Hector D. LaSalle reminded litigators of the importance of following proper discovery practice when requesting social media content. The case, Guzman v. Farrell Building Co., et al, highlights the consequences for […]

    Are Courts Reluctant to Grant Summary Judgment in Hostile Work Environment Cases?

    Rivera v. Rochester Genesee Reg’l Transp. Auth., 2012 U.S. App. LEXIS 26211 (2d Cir. N.Y. Dec. 21, 2012). The Second Circuit has recently reiterated its hesitancy to permit summary judgment in hostile work environment claims that present ambiguities as to the sufficiency of plaintiff’s case. In Rivera v. Rochester Genesee Reg’l Transp. Auth., 2012 U.S. App. […]