Attorney-Client Privilege

  •  

    The New Jersey Appellate Division recently found that an employee's unauthorized disclosure of a privileged e-mail doesn't operate as a waiver of the attorney-client privilege for the communication. In so ruling, the Appellate Division overturned a trial court's order that the employer disclose the privileged e-mail. Facts Glenn Hedden worked...
  •  

    According to the November 26 U.S. Department of Labor (DOL) regulatory agenda, a new DOL rule, now scheduled to become final in March 2014, may vastly expand the requirements for reporting "persuader" agreements between employers and labor relations consultants. That would be accomplished by narrowing the long-standing interpretation of "advice"...
  •  

    Does an employee who communicates with his lawyer using a company e-mail account waive the attorney-client privilege? The answer is not very well settled—not in Delaware or most jurisdictions. However, a recent decision from the Delaware Court of Chancery gives Delaware employers and employees a pretty good idea of which analysis will be...
  •  

    With employment litigation potentially costing hundreds of thousands of dollars and the specter of class action litigation looming in some cases, employers should consider having an HR or employment audit performed. HR audits are sometimes done as a proactive measure to ensure compliance with the hundreds of employment laws in existence. Some...
  •  

    The classic Yogi-ism — "It ain't over 'til it's over" — has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also to litigation by the victim—or even the perpetrator — against the investigator or the employer. In either of those unsavory situations,...
  •  

    In a May 29 letter to the U.S. Department of Labor (DOL), Representative John Kline (R-Minnesota), chairman of the House Education and the Workforce Committee, and Representative Phil Roe (R-Tennessee), chairman of the Subcommittee on Health, Employment, Labor, and Pensions, restated the committee's concerns about the DOL's June 2011 proposed rule...
  •  

    Several years ago, I attended a celebration for one of my brothers, who had just become an Eagle Scout. Several relatives were there, including some distant relatives I hadn't seen in years. One of those distant relatives, who is close to my age, approached me, and the following exchange took place. (The comments in parentheses are my thoughts as...
  •  

    A federal magistrate judge recently penalized the Equal Employment Opportunity Commission (EEOC) for stymieing an employer's attempts to secure through discovery an employee's social media and other electronic communications related to her sexual harassment claims. (Discovery is the pretrial exchange of evidence relevant to the case.) The court's...
  •  

    Q A colleague recently told me that courts are now extending privacy protection to e-mails sent by employees on company- owned computers. She also says that if company executives exchange business e-mails with each other on company-owned computers using their personal e-mail accounts, the messages are protected from discovery during litigation...
  •  

    On December 1, 2006, the Federal Rules of Civil Procedure were amended to include specific provisions for handling electronically stored information. The Old Days: No Shred, No Foul The Federal Rules of Civil Procedure govern how we exchange information with our opponents in a lawsuit. Even before a lawsuit is filed, you have an obligation...

    Hot Topic
Syndicate content