Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: discovery

Conn. Supreme Court: Alleged Knowing and Deliberate Discovery Misconduct Not Enough to Warrant New Trial

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

It’s so rare nowadays that the Connecticut Supreme Court rules on discrimination cases that, when I first took a look at its new decision in Duart v. Department of Corrections (download here) — officially released next week — I got excited.  After all, the case is based on a claims of gender, race and sexual… Continue Reading

Your Most Important Witness in Defending an Employment Discrimination Claim? Your IT Staff?

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

As I mentioned Monday, I had the opportunity to attend ABA Techshow, one of the premier technology and the law conferences around.  E-Discovery (or "Electronic Discovery") continues to be a hot topic at such conferences. (Discovery is the process by which parties to a lawsuit exchange and receive information before a trial.  The most common forms… Continue Reading

Will Facebook’s New Download Feature Change E-Discovery on Social Networks?

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Social Media

In my post earlier today, I noted that courts have been all over the map on whether someone’s Facebook page info was discoverable.  This afternoon, Facebook announced a new feature that will allow individuals to download all of their own data onto their computers (or into a file.) According to TechCrunch: Facebook Product Manager David Recordon… Continue Reading

This Week in Social Media & Employment Law: Traditional Labor Law & Discovery

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Social Media

Move over, wage & hour law. There’s a new hot topic in the town of Employment Law. Its’ name is Social Media.  In fact, with so much being written on it, it’s hard to separate out the usual "Beware of Social Media!" articles from those posts that delve more deeply into the subject and add… Continue Reading

Second Circuit Orders Release of Records to EEOC, Says Some Financial Services Workers May be Entitled to Overtime

By Daniel Schwartz on Posted in CHRO & EEOC, Class Actions, Human Resources (HR) Compliance, Litigation, Wage & Hour

The Second Circuit Court of Appeals (which includes Connecticut) recently ruled on two cases of keen interest to employers. The first relates to enforcement of EEOC subpoenas and the second relates to the classification of some financial services workers. First, in EEOC v. United Parcel Services, the Court allowed the EEOC to press forward with its… Continue Reading

Conducting Discovery in Discrimination Claims; Are Social Networking Sites Like Facebook Off-Limits or Untapped Treasure Trove?

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

A fascinating article yesterday in Law.com entitled "Are Social Networking Sites Discoverable?" is well-worth a read to any company involved in litigating against former or even current employees. While the authors write in the context of a product liability case, the premise and subject is equally applicable to claims involving employees as well as the… Continue Reading

Keeping The Privilege Under Lock & Key: Why Employers Should Understand the Changes to the Privilege Rules

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Laws and Regulations

In the midst of the financial crisis, another bill signed by President Bush has been, for the most part, overlooked, but warrants understanding by in-house counsel for employers and HR professionals that may assist with case management. Specifically, S. 2450 and new Federal Rule of Evidence 502 give protections to employers (and others) against waiver of… Continue Reading

Court: Pursuing Emotional Distress Claim in Harassment Case Opens Door to Discovery of Therapist and Medical Records

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

For companies involved in employment discrimination litigation, there is always a question of how far to push on discovery issues.  A new case decided this week in U.S. District Court in Connecticut allows employers to push pretty hard to get an employee’s medical and therapist records. In order for that to happen, the employee needs to put… Continue Reading