More Employment Coverage

Expert Analysis

• Revisiting Employee Communication Policies After DOJ Memo

  

  Given the U.S. Department of Justice’s recent memo signaling an expanded focus into how corporations manage employees’ use of personal devices and third-party applications, companies must develop and implement effective policies, training and discipline to preserve business-related communications, say Jane Yoon and Mark Carper at Paul Hastings.

• Minn.'s New Common Interest Doctrine: A Primer

  

  In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.

• Refining Info Governance As E-Discovery Gets More Complex

  

  Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.

• What A Federal Noncompete Law Could Mean For Companies

  

  A recently introduced U.S. House of Representatives bill addressing noncompete clauses in employment agreements could benefit both workers and employers, and should influence companies to evaluate other agreement formats for protecting their legitimate business interests, says Monique Ngo-Bonnici at Signature Resolution.

• Risk Mitigation In Face Of Rising Legal Malpractice Claims

  

  As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.

• Keys To A 9-0 High Court Win: Look For Common Ground

  

  When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.

• Limiting The Scope Of Representation Is Critical For Lawyers

  

  A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

• 2 Illinois Cases Poised To Shape BIPA Litigation Landscape

  

  The Illinois Supreme Court's anticipated rulings in Tims v. Black Horse and Cothron v. White Castle could alter the outlook for Biometric Information Privacy Act litigation, putting an end to companies' and insurers' willingness to pour money into expensive settlements, say Pamela Signorello and Megan Brown at Wiley.

• What Calif. Employers Should Know About Privacy Rights Act

  

  With the California Privacy Rights Act coming into effect on Jan. 1, now is the time for employers to complete a data map of the employee personal information collected internally and by vendors, update technology policies, and ensure a clear understanding of the law’s consumer rights provisions, say Liz Harding and Christina Hernandez-Torres at Polsinelli.

• Employer Haziness Lingers After NJ's Cannabis Guidance

  

  New Jersey’s recently released guidance on screening workers for cannabis neglects to answer several key questions, from training for employee experts to scientific standards for impairment tests, but employers can still take certain steps toward compliance, says Eric Meyer at FisherBroyles.

• No-Poach Plea Hiccups Point To DOJ's Unsound Theory

  

  After a series of setbacks, the U.S. Department of Justice could soon obtain its first no-poach conviction, but complications in a recent change-of-plea hearing demonstrate that the government’s problems may continue as long as it incorrectly insists that labor cases are the same as any other antitrust conspiracy, say Mark Butscha and Matthew Ridings at Thompson Hine.

• Attys Shouldn't Assume Judicial Critique Is Protected Speech

  

  As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

• 2nd Circ. Trump Ruling Is A Tale Of 2 Statutory Interpretations

  

  In Carroll v. Trump, a split Second Circuit used tried-and-true methods of statutory interpretation to rule the 45th president was a U.S. employee, showing that reasonable minds can reach opposite conclusions concerning the meaning of a statute, say David McTaggart and Kevin Savarese at Duane Morris.