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Privileged Communication Employment Litigation

McGuireWoods LLP

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

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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

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

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

BCLP

UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation of long periods of loss of earning...

BCLP on

Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more

McGuireWoods LLP

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

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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

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