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…)
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.
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…)
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