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Requesting Party Has To Pay For Flash Drive Forensics In Illinois Case
Network Cargo Systems USA, Inc. v. Pappas is a short eDiscovery opinion from Illinois earlier this month. The opinion’s first paragraph lays out some factual background: Plaintiff… (“Network”), alleges...
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“Indisputable Destruction” Of Evidence Warrants Sanctions, But Not Adverse...
The U.S. District Court for the Middle District of Florida issued an interesting order earlier this month in a salacious employment law matter. The Equal Employment Opportunity Commission (EEOC)...
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Employees With Authorized Access To Valuable Data Cannot Be Hackers Under The...
By IT-Lex Intern Amber Williams (LinkedIn) A recent decision from Pennsylvania calls into question the current statutory definition of hacking. The plaintiffs in this case are the former employers of...
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Deleted Facebook Posts And Texts Cause Trouble For Employment Discrimination...
In Painter v. Atwood, a Nevada case from last month, the plaintiff alleges that Dr. Atwood, her former boss, “climbed on top of her with his pants undone and held her down.” In a subsequent deposition,...
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Employer Could Be On The Hook For Using Employee’s Social Media Accounts
By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) Jill Maremont worked as the marketing director for interior design firm SFDG. After a car accident, Maremont took leave from work to undergo brain...
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Party Can’t Seek Discovery Costs When Requested Emails “Are Not Inaccessible”...
Lindsay v. Clear Wireless LLC is a relatively short opinion from earlier this month, out of Minnesota. In an employment law action, plaintiffs asserted that “defendants failed to comply with the FLSA’s...
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Plaintiff’s Ex-Girlfriend’s Computer Is Fair Game For Discovery In Colorado Case
By IT-Lex Intern Amber Williams (LinkedIn) Recently, in a case out of Colorado, the court rummaged through complicated discovery requests and ultimately ordered Plaintiffs to comply with relevant ESI...
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Browsing Recipes Online Doesn’t Constitute “Commerce” Under The FLSA
We’ve got a long way to travel to get to this afternoon’s case – it’s from the U.S. District Court for the District of the Northern Mariana Islands. Judge Manglona’s opinion begins with a sentence that...
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“Quit Your Job” App Creates New Employer Considerations For Handling...
By IT-Lex Member Jason A. Pill (bio) Have you been thinking about quitting your job, but just cannot figure out the most delicate way to broach the subject with your boss? Maybe you are at a loss for...
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Court Upholds Nurse’s Firing And Denial Of Unemployment Following Facebook Rant
By IT-Lex Intern Amber Williams (LinkedIn) What would you do if you were a hospital administrator and one of your employees posted the following about you? “Instead of spending my birthday...
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Law Firm Sanctioned For Delayed Discovery Responses
By IT-Lex Intern Carter McMillan (LinkedIn) When parties to litigation participate in good faith, it goes unnoticed. When a party to litigation crosses the line between strategy and undue delay, they...
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District Court Allows Discovery Of Texts And Voicemails
By IT-Lex Intern Carter McMillan (LinkedIn) The relation between eDiscovery and a party’s personal devices is a relatively new area of the law. The contours of the relationship are being developed...
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Police Sergeant Criticizes Mayor On Facebook, You Can Guess The Rest
By IT-Lex Intern Rachel Paxton-Gillilan (LinkedIn) Unsurprisingly, we have yet another fired-over-a-Facebook-comment story. This one involves a police officer who used Facebook to criticize the...
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New Jersey Case Highlights The Limits Of Privilege Waivers
As college students are starting to head home for a couple weeks of rest, here’s a recent case that combines – at long last – college athletics and electronic discovery. The case is Hedden v. Kean...
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10th Circuit Reminds Us That Status Updates Can Have Serious Consequences
By IT-Lex Intern Rachel Paxton-Gillilan (LinkedIn) At this point, it is common to see stories about employers firing employees for their conduct on social media websites. In fact, you can read...
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Facebook Updates Cost Social Worker Her Professional Credibility, Job
Here’s another of those cases where someone posts something on Facebook that ends up costing them their job. In this instance, the plaintiff was a child protective services worker for the Oregon...
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Plaintiff’s Firing For Angry Facebook Post Upheld, Even Though He Didn’t...
For all its benefits (keeping in touch with distant friends; easily organizing events; ‘The Social Network’), Facebook certainly has a lot to answer for when it comes to drama. When your grandma,...
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Eleventh Circuit: Cop’s Facebook Rant Isn’t Protected Speech
By IT-Lex Intern Rachel Paxton-Gillilan (LinkedIn) Here at IT-Lex, we often report on the perils of posting employment related information on social media. Fact: it’s never a good idea to complain...
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Plaintiff’s Email Allegedly Hacked By Employer; Many Issues Arise
By Carter McMillan (LinkedIn) When it concerns technology law issues, IT-Lex really has it all. A recent case out of the Northern District of Oklahoma, Murphy v. Spring, is similar to us in that way....
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Termination For Facebook Post Found To Be Permissible, Non-Discriminatory
By IT-Lex Intern Carter McMillan (LinkedIn) The growing influence of technology on labor and employment law has given IT-Lex many opportunities to demystify the obfuscation surrounding these issues....
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