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Brett M. AndersBlog Posts

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  • Class Action Trends Report Fall 2021

    In the latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss the emerging class action risks that arise at this stage of the COVID-19 pandemic, as employers navigate return-to-work challenges including employee screening, mask and vaccine mandates, and the need for ongoing safety measures as the crisis persists. We also take a look at the state... Continue Reading…
    September 30, 2021
  • New Jersey Prohibits Enforcement of Non-Disclosure Provisions in Settlement Agreements, Other Contracts

    A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and employment contracts, and prohibits the waiver of substantive and procedural rights under the statute. The amendment applies to all contracts and agreements entered into, renewed, modified, or amended on or after the effective date, March...… Continue Reading
    March 20, 2019
  • Court Confirms Employer Can Be Liable For Harassment By Non-Employee

    Faced with a question not yet addressed by the Third Circuit, a federal judge in Pennsylvania found an employer, as well as individual managers, may be held liable for an employee’s claim of a hostile work environment based on conduct by a non-employee who had regular contact with the employee. Hewitt v. BS Transp. of...… Continue Reading
    February 8, 2019
  • New York Court of Appeals Says Plaintiff’s Private Facebook Materials Are Fair Game In Discovery

    Below is a recent blog post regarding the discoverability of Facebook materials in litigation. New York Court of Appeals Says Plaintiff’s Private Facebook Materials Are Fair Game In Discovery  … Continue Reading
    May 1, 2018
  • The Eastern District of Wisconsin Limits Corporate Defendant’s Efforts To Redact Large Portions Of Business Information In Discovery

    Authored by Katerina Mantell In IDC Financial Publishing Inc. v. BondDesk Group LLC, et al., Case No. 15-cv-1085 (PP), 2017 U.S. Dist. LEXIS 177626 (Oct. 26, 2017), a case involving allegations of copyright infringement, the District Court for the Eastern District of Wisconsin granted the Plaintiff’s motion to compel the production of over 600 documents...… Continue Reading
    December 20, 2017
  • Court Holds That Self-Selection Of Emails By Employee Satisfies Discovery Obligations

    In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s reliance on an employee involved in the litigation to self-select relevant documents was appropriate under the circumstances In this matter, the plaintiff...… Continue Reading
    August 16, 2017
  • Lack Of Prejudice Precludes Sanctions Following Automatic Deletion Of Emails

    Contributing Author: Kathryn B. Moynihan Magistrate Judge Iain D. Johnston recently held that sanctions were not warranted under Fed. R. Civ. P. 37(e) against a defendant who admitted to erroneously destroying electronically stored information (ESI). While the court did not condone the defendant’s actions (describing them as “disturbing”), it reasoned that the ESI “did not...… Continue Reading
    August 2, 2017
  • Court Grants Request For Social Media Posts Related To Emotional State And Physical Activity

    Author: Kurt Ferdenzi In Gordon v. T.G.R. Logistics, Inc., a personal injury case, the court ordered the plaintiff to produce her entire “Facebook account history” from the date of the accident onward to the extent such posts related to her emotional state and physical activity.  The defendant had requested the history of the plaintiff’s Facebook...… Continue Reading
    June 18, 2017
  • Court Issues Warning To The Bar Regarding Use Of “Boilerplate” Discovery Objections

    In Liguria Foods, Inc. v. Griffith Laboratories, Inc., Judge Mark Bennett of the United States District Court for the Northern District of Iowa required both plaintiff and defense counsel to show cause why they should not be sanctioned for discovery abuses based on the excessive use of “boilerplate” objections to discovery requests.  The issue arose when the … Continue Reading
    April 11, 2017
  • California Court Compels Defendant to Re-Produce Electronically Stored Information in Format Requested by Plaintiffs

    A California federal trial court has granted the plaintiffs’ motion to compel re-production of electronically stored information (“ESI”) in native format with all associated metadata, while also granting plaintiffs their “reasonable expenses” incurred, including attorneys’ fees, in making their motion.  In Morgan Hill Concerned Parents Ass’n v. Cal. Dep’t of Educ., No. 2:11-cv-3471 KJM AC … Continue Reading
    March 15, 2017