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  • Monthly Archives: March 2013

    NY Courts Adopt Federal E-Discovery Cost Allocation Standard

    U.S. Bank Nat. Ass’n, et al. v. GreenPoint Mortgage Funding, Inc., 94 A.D.3d 58 (1st Dept. 2012) On February 28, 2012, Justice Acosta of the First Department, Appellate Division, adopted the federal Zubulake standard to determine which party is responsible for the cost of searching for, retrieving, and producing electronically stored information (ESI). In U.S. […]

    New York City Passes Legislation Prohibiting Employers from Discriminating Against the Unemployed

    Effective June 11, 2013, employers in New York City will be prohibited from basing an employment decision with regard to hiring, compensation or the terms and conditions of employment on the fact that an applicant is unemployed, unless there is a “substantially job-related reason for doing so.” On March 13, 2013, the City Council overrode […]

    Second Circuit Adopts EEOC’s Rule on Harassment by a Nonemployee

    In a recent opinion, the Second Circuit adopted the Equal Employment Opportunity Commission’s (“EEOC”) rule imputing employer liability when a worker reports harassment by a nonemployee. The case, Summa v. Hofstra Univ., 2013 U.S. App. LEXIS 3677 (2d Cir. N.Y. Feb. 21, 2013), marks the first time that the Second Circuit has endorsed the EEOC’s […]

    Breakfast Pastry Turned Gun

    Traditional notions of innocent playground antics have been irreparably altered as a result of recent tragic events, such as the shooting at Sandy Hook Elementary School.  Games of “cops and robbers” may become schoolyard folklore as schools adhere to a zero-tolerance policy concerning even the imaginary use of weapons at school. Recently a student at […]

    E-Discovery of Digital Images and Video

    Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life.  Not only can these devices guide you through the vast array of potential restaurants, transit systems, social events and shopping centers, they can also capture these moments in digital images and […]

    Transgender Youth Barred From Girls’ Restroom

    Coy Mathis, born a male, has identified as a female since the age of 18 months. Now at six-years old she must confront issues that far exceed the normal trials and tribulations of the first grade classroom. Coy has dressed in girls’ clothing and presented herself as a female since being enrolled in Eagle Elementary […]

    Breast Cancer Awareness Bracelets and the First Amendment – Revisited

    In February 2012 we discussed the turmoil that had erupted at schools across the country as students donned breast cancer awareness bracelets with the slogan “I (Heart) Boobies”. The bracelets were quickly banned after school officials claimed that they caused a substantial disruption to classroom activity. Students argued that the ban amounted to a violation […]

    New York’s Two Prong Analysis for Production of Social Media

    Fawcett v. Altieri, No. 100008/12, 2013 N.Y. Slip Op. 23010 (N.Y. Sup. Ct. Jan. 11, 2013) Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis New York courts typically […]

    Electioneering in Math Class

    Politics in math class? Students at Brevard Community College were not only directed to solve mathematical equations but told who they should vote for in the presidential election. Sharon Sweet, a professor at the college, allegedly urged and may have even mandated that her students vote for President Barack Obama. An investigation was conducted in […]