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Archive for February, 2010

Eleventh Circuit Approves of County’s Evidentiary Support for Adult Entertainment Ordinance

Posted on: February 17th, 2010

By Dana Maine and William J. Linkous, III

Yesterday, a panel of the Eleventh Circuit Court of Appeals issued a decision providing guidance on the evidentiary support necessary for enacting an adult entertainment ordinance.  The decision supports a government’s reliance on studies and empirical evidence of negative secondary effects when adopting these ordinances, and makes it more difficult for adult entertainment establishments to attack such ordinances with competing evidence. (more…)

The Eleventh Circuit Draws Fine Line Between Actionable And Un-Actionable Sexually-Charged Banter In The Workplace

Posted on: February 1st, 2010

By Fred Dawkins and Amy Combs

Two cases recently addressed by the federal appeals court for Georgia, Alabama, and Florida have drawn a fine distinction between language constituting sexual harassment and language found not to constitute actionable sexual harassment. Both cases involve comments of a sexual nature, with each case reaching a different result, highlighting the Eleventh Circuit’s propensity to examine closely the lawfulness of sexual banter. As discussed below, the critical difference between these two cases lies in the pervasiveness of the extreme, sexually-charged use of profanity.


Simply “Going through the Motions” With E-Discovery Creates Serious Risks

Posted on: February 1st, 2010

By David Cole

It is easy to understand that intentionally destroying evidence during a lawsuit will get you into serious trouble. But an important federal case published last week is making waves in the world of e-discovery because it demonstrates that companies risk serious consequences, even when they do not intentionally destroy evidence, by simply not being as thorough as they could have been in preserving and collecting electronic evidence. As such, the case ofThe Pension Committee of the University of Montreal Pension Plan v. Banc of American Securities, LLC, et al., provides important lessons for all companies. (more…)