Federal Employment Law Articles

Lawyering - Discovery

Articles Discussing Discovery In Labor And Employment Law Cases.

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Court Extends Proportionality Principle to Duty to Preserve

Littler·

In Lord Abbett Mun. Income Fund., Inc v. Asami, No. C-12-03694 DMR (N.D. Cal. Oct. 29, 2014), United State Magistrate Judge Donna M. Ryu granted the plaintiff’s motion for permission to no longer preserve computer workstations that were peripheral to discovery. The court extended and applied Rule 26

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights on Discoverability

Littler·

In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an employer’s discretion to consider criminal records for hiring decisions.1 Des

Are Communications with Experts Privileged? Maybe

Goldberg Segalla·

In general, the attorney-client privilege protects confidential communications between an attorney and her client when made for the purpose of obtaining or providing legal advice.

Unintended Waiver: the “At-Issue” Exception to the AC Privilege

Goldberg Segalla·

The attorney-client privilege, the oldest of the common law evidentiary privileges, seeks to encourage thorough and truthful communication between attorney and client. Attorneys know, however, that the privilege is not absolute. One such exception is known as the “at issue” exception, a form of impl

Court Denies Sanctions, 'Discovery on Discovery' Once Defendant Provides Basic Litigation Hold Details

Littler·

As he promised to do in his State of the Union address, President Obama today signed an Executive Order establishing a minimum wage for federal contractors.