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What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

Littler·

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected fr

U.S. Supreme Court Dismisses as ‘Improvidently Granted’ Case on Scope of Attorney-Client Privilege

Jackson Lewis P.C.·

In a per curiam opinion, the U.S. Supreme Court has dismissed the writ of certiorari granted in In re: Grand Jury , No. 21-1397, writing only that it was “improvidently granted.”

Supreme Court to Assess Attorney-Client Privilege When Legal and Business Advice Intertwine

Ogletree Deakins·

The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States , a seminal 1981 decision addressing this topic in the corporate context, the Supreme Court of the United

U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation

Jackson Lewis P.C.·

The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case basis whether to put the proceedings on hold in Coinbase Inc. v. Bielski , No.

Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration

Ogletree Deakins·

On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the district court of jurisdiction of a case and therefore puts the case

U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued

Jackson Lewis P.C.·

The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral argument in the U.S. Supreme Court on November 8, 2022.

Pro Bono Week Podcast – Pet Rescue

Littler·

Mike Dissinger and Jenny Schwendemann tell the story of how Mike’s love of dogs led him to start working with a pet rescue organization in Las Vegas (as well as taking home a new pup in the process). Littler attorneys provide pro bono services in a variety of areas,

U.S. Supreme Court to Clarify Scope of Attorney-Client Privilege Issue

Jackson Lewis P.C.·

The U.S. Supreme Court has agreed to review a case to clarify the scope of attorney-client privilege in the context of dual-purpose communications. In re: Grand Jury , No. 21-1397.

Employment Litigation: Perspectives from the ‘Other Side”

Shaw Law Group, PC·

In this episode, Jen chats with Tim Del Castillo, a respected litigator who represents both employers and employees. Jen and Tim offer practical guidance on the most common employer mistakes and how to stay out of court.

Parties, Start Your Engines: Snap Removals and Defeating Incomplete Diversity

Jackson Lewis P.C.·

In what is known as a “snap” removal, a non-resident defendant may be able to remove a state court case to federal court based on diversity jurisdiction, despite resident defendant(s) being named in the suit. To effect a snap removal, the non-resident defendant must file removal papers before the

“No Concrete Harm, No Standing”: The Supreme Court Reinforces the Requirement for Injury-in-Fact Even for Violations of Federal Statutes

Littler·

On June 25, 2021, the U.S. Supreme Court issued its opinion in Ramirez v. Trans Union , holding that the 8,185 class members had Art. III standing for some but not all of their claims under the Fair Credit Reporting Act (FCRA). Relying largely on its opinion in Spokeo v.

Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims

Ogletree Deakins·

The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) ca

Emotional Support Animals on the Witness Stand?

Jackson Lewis P.C.·

The Pennsylvania Supreme Court has agreed to hear an appeal on the issue of whether a witness may have an emotional support animal present while testifying at trial. In Commonwealth v. Purnell , the Superior Court of Pennsylvania upheld a trial court’s ruling that an autistic minor witness could hav

President Trump Nominates Amy Coney Barrett to U.S. Supreme Court

Jackson Lewis P.C.·

In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump has nominated the Honorable Amy Coney Barrett, who sits on the federal U.S. Court of Appeals for the Seventh Circuit, to the U.S. Supreme Court. A conservative jurist and self-described “originalist” and “textualist,” Barrett

A Closer Look at Trump’s Latest SCOTUS Nominee: Judge Amy Coney Barrett

Littler·

On Saturday, September 26, President Trump nominated Judge Amy Coney Barrett to fill the vacancy on the bench occasioned by the death of Justice Ruth Bader Ginsburg. Barrett, who sits on the U.S. Court of Appeals for the Seventh Circuit, has only served as a federal judge since 2017,

Jury Trials – Part 3 – Jury Trials During and Post-COVID

Littler·

In this third of a three-part series, Littler Los Angeles Shareholder and trial attorney Helene Wasserman interviews Dr. Dan Gallipeau , co-founder and President of Dispute Dynamics, a nationally-recognized jury consulting firm, about what a jury trial is likely to look like in our safety-conscious

Jury Trials – Part 1 – Jury De-Selection During and Post-COVID

Littler·

In this first of a three-part series, Littler Los Angeles Shareholder and trial attorney Helene Wasserman interviews Dr. Dan Gallipeau , co-founder and President of Dispute Dynamics, a nationally-recognized jury consulting firm, about how jurors have changed in this COVID era, and what trial attorne

Litigator’s Guide to Navigating Virtual Court Proceedings

Jackson Lewis P.C.·

With the “new norm” losing some of its “newness” as the COVID-19 pandemic continues, virtual court proceedings are becoming widespread across federal and state courts. Here are some important areas to consider before and during remote court proceedings. Test Your Technology At this point, many peopl

A Littler Virtual Litigation Podcast: Successful Virtual Mediations

Littler·

Even though most shelter in place orders have been lifted, and some courthouses are reopening, much of the work in the legal profession is still being conducted remotely. While there may be both advantages and disadvantages to litigating over the internet, virtual litigation is here to stay.

Lawyering Through Covid-19: What We’ve Heard From the Practices

Littler·

Scott Forman talks about Littler’s Restructuring Assessment Solution. Bloomberg Big Law Business View Article