News & Analysis as of

Attorney-Client Privilege Employment Litigation

Jackson Lewis P.C.

[Event] Workplace Horizons Extension: Bay Area - September 9th, Menlo Park, CA

Jackson Lewis P.C. on

The leading educational and networking event — from the premier firm for employment + labor law — comes closer to you regionally and topically. The benefits of Jackson Lewis’ annual Workplace Horizons conference in New York...more

McGuireWoods LLP

Another New York Court Finds the “Functional Equivalent Doctrine” Inapplicable 

McGuireWoods LLP on

A recent Privilege Point described a New York federal court’s rejection of the “functional equivalent” doctrine — under which a nonemployee can be treated as an employee for privilege purposes. More recently, a New York State...more

Littler

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

Littler on

Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Two Recent CHRT Rulings Rein in Over-Broad Human Rights Litigation - What Employers Should Know

Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more

EDRM - Electronic Discovery Reference Model

Privilege Log Helps Defeat Summary Judgment on One Count

In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more

Seyfarth Shaw LLP

Pay Equity Studies in Focus: Navigating Privilege and Public Disclosure Risks

Seyfarth Shaw LLP on

A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more

McGuireWoods LLP

Court Issues a Double-Barreled Rejection of Litigants’ Common Interest Doctrine Claims

McGuireWoods LLP on

The common interest doctrine can sometimes protect as privileged communications between separately represented clients. But litigants seeking the doctrine’s protection face many hurdles and often fail....more

Jackson Lewis P.C.

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

Jackson Lewis P.C. on

The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

Kilpatrick

Blurred Lines: Personal Devices, Proportionality, and Piercing the Work Product Privilege

Kilpatrick on

In a fairly short opinion and order, the district court in Weston v. DocuSign, Inc. analyzed whether the parties were entitled to the production of text messages from former employees’ personal devices and potential piercing...more

Epstein Becker & Green

Fifth Circuit Narrows Application of the Crime-Fraud Exception to the Attorney-Client Privilege in Investigations

Recently, in Lewis v. Crochet et al., the United States Court of Appeals for the Fifth Circuit rejected an attempt by a plaintiff to use the crime-fraud exception to the attorney-client privilege to compel two lawyers’...more

Parker Poe Adams & Bernstein LLP

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to...more

American Conference Institute (ACI)

[Event] 40th International Conference on the FCPA - November 28th - 30th, National Harbor, MD

Hosted by American Conference Institute, the 40th International Conference on the FCPA returns for another exciting year with curated programming that shines a global spotlight on anti-corruption compliance challenges,...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Littler

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

Littler on

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...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: OFCCP: Privileged vs. Proactive Analyses - February 21st, 2:00 pm - 3:00 pm EST

DCI Consulting on

In 2022, OFCCP issued a directive to advance pay equity through compensation analysis. During the original release of the directive, many in the legal community were concerned that OFCCP would require the production...more

Littler

Littler Lightbulb: Labor & Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court. On October 3, the Justices agreed to hear In re Grand...more

Proskauer - Labor Relations Update

Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge

Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more

Fisher Phillips

Federal Court Provides 5-Step Roadmap For Ensuring Your Pay Equity Audits Are Confidential

Fisher Phillips on

Employers conducting internal pay equity audits now have a roadmap for ensuring that their pay equity audits remain confidential in the wake of pay equity litigation. Thanks to a recent federal court ruling from an Oregon...more

Troutman Pepper Locke

Protecting Privilege When Communicating With Contractors

Troutman Pepper Locke on

As more businesses rely on independent contractors and specialists, the courts continue to define where those independent contractors fit for purposes of the attorney-client privilege. Here we discuss recent decisions...more

McGuireWoods LLP

Another Court Analyzes Privilege Protection For Employee-To-Employee Communications

McGuireWoods LLP on

As a recent Privilege Point noted, the attorney-client privilege can protect employee-to-employee communications: (1) if the employees are gathering facts or formulating questions to inform a lawyer or pose those questions to...more

Ruder Ware

Employee Use of Company E-mail May be Protected from Company View

Ruder Ware on

Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time. There have been a large number of court cases, which have held...more

Genova Burns LLC

“Burn Files” and Employee Self-Help: Effective Policies Protect Documents Wrongfully Taken by Former Employee

Genova Burns LLC on

A New Jersey appellate court recently upheld the disqualification of a former employee’s attorneys in a whistleblower claim against his former employer, because the employee had improperly taken documents containing...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide