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Showing posts with label litigation. Show all posts
Showing posts with label litigation. Show all posts
Wednesday, July 31, 2024

Bevisförstöring is not the name of an IKEA bookcase; it's Swedish for spoliation of evidence.

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A federal judge recently ordered IKEA to pay $566,731.53 in attorneys' fees and costs as a part of sanctions for deleting employee emai...
Tuesday, March 12, 2024

Spoliation is BAD

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Pro tip: it's really, REALLY bad to destroy evidence in your case. Case in point: Jones v. Riot Hospitality Group , which the 9th Circui...
Wednesday, April 19, 2023

Most lawsuits settle. Here’s why.

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$787.5 million. That's how much Fox News agreed to pay Dominion Voting Systems to settle its claims of defamation related to bogus claim...
Tuesday, February 7, 2023

What does an employer have to do to lose $366 million?!

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$366 million dollars. That's how much a jury awarded Jennifer Harris, a Black sales manager targeted and then fired by FedEx after she ...
Monday, January 30, 2023

Lessons from coaching high school mock trial

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When you try a case, there’s not much within your control. You can’t control the judge. You can’t control the jury. You can’t control your o...
Monday, November 14, 2022

Corporate lawyers represent the company, not its employees

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News broke last week of Elon Musk's lawyer reassuring  Twitter's remaining employees that they should not worry about potential crim...
Monday, October 10, 2022

A court was not having it when lawyers tried to victim-blame a sexual harassment plaintiff

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One of our primary roles as attorneys is to protect our clients from their worse instincts.  "Can I fire the employee who just filed an...
Tuesday, August 9, 2022

Do you know what to do and not to do when federal agents arrive with a search warrant?

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The front door to your business opens, and in walks a column of federal agents with boxes, computer imaging equipment, and a search warrant....
Thursday, August 4, 2022

Alex Jones trial offers a teachable moment on the issue of "inadvertent disclosure”

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Suppose you're sitting in your office and your associate excitedly runs in, yelling, "We got 'em! The other side just sent us t...
Thursday, February 3, 2022

Brian Flores burns down the house in his lawsuit against the NFL … and makes himself unemployable in the process

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If you haven't read the lawsuit Brian Flores filed against the NFL and three of its franchises, you should. It reads like a law school ...
Tuesday, April 20, 2021

We learn more from our failures than our successes

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A couple of months ago I was approached by the That One Case podcast to record an episode. This show asks lawyers to share the story of one...
Tuesday, April 13, 2021

The top 11 things you need to know about being sued by an (ex) employee

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Because of the impending changes to Ohio's workplace discrimination law that take effect in two days, the filing of employment discrimi...
Wednesday, October 23, 2019

Is this the worst defense ever to a discrimination claim?

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Litigation is painful. It takes a lot of time, costs a lot of money, and has lots of variables that you just can’t control. Especially whe...
Thursday, April 25, 2019

Supreme Court signs off on death by a thousand cuts

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Lingchi was a form of torture and execution used in China from roughly 900 BC until China banned in 1905. It translates variously as the sl...
Monday, October 1, 2018

5 steps to take when an employee sues your company

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I've written a lot over the years about best practices to prevent lawsuits by employees. The fact remains, though, that no matter how ...
Tuesday, July 31, 2018

It's not an oxymoron to be pro-civil rights AND represent management

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I read a tweet last night that really angered me.
Thursday, May 31, 2018

Everything you need to know about shredding documents when faced with litigation: DON’T DO IT

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If you are accused of destroying evidence, and the federal judge ruling on the motion starts his opinion by quoting a John Hiatt song call...
Tuesday, May 22, 2018

SCOTUS decision on class action waivers is not the epic win for employers it may seem to be

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Yesterday, in a narrow, 5-4 partisan decision, the Supreme Court issued its most anticipated employment decision of its current term,  Epi...
Tuesday, May 15, 2018

The easiest way to lose an employment lawsuit

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Photo by Devin Avery on Unsplash Yeterday, I was tagged with the following question on LinkedIn : Interested in your opinion on this ...
Tuesday, September 19, 2017

What it’s like to be sued by your employee

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When you litigate, you’re losing. This is an odd statement for a litigator to make. But it’s true.