Does What Happens in Mediation Stay in Mediation?
By: Barry Miller Insurers: Time to review your mediation practices. As COVID-19 travel restrictions force most mediations online, often with participants in more than one state, insurance carriers must re-examine their assumptions about the process. They need assurance that what happens in mediation stays in mediation and does not become the foundation for a bad…
What Should a California Lawyer Do With An Inadvertently Produced Privileged Document?
By: Greg Fayard Sometimes privileged documents are accidentally produced to opposing counsel. Usually, this occurs in a document production in a lawsuit where, buried in the documents, is a communication between a lawyer and client that is clearly privileged and confidential. What should the lawyer do? In California, a new Rule of Professional Conduct 4.4…
Employment Arbitration Agreements are Still Alive in California, At Least For Now
By: Rebecca Smith As Freeman Mathis & Gary brought out in its August 24, 2018 Blog by attorney Dave Daniels, the California Senate had voted to approve Assembly Bill 3080 (“AB 3080”) intended to combat the use of mandatory arbitration agreements and confidentiality clauses to prevent the public disclosure of workplace sexual harassment. September 30,…
California Attacks Arbitration Agreements …. Yet Again!
By: Dave Daniels On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and confidentiality clauses to prevent the public disclosure of workplace sexual harassment, a practice vigorously opposed by…
How Can The Trump-Cohen Tape Be Public?
By: Greg Fayard A lawyer and client talk. The lawyer records the conversation. The recording is made public. How can this be? That’s what happened to then candidate Donald Trump and his New York lawyer Michael Cohen. The conversation occurred in September 2016. Trump was not aware Cohen recorded the discussion. The recording is a…
NLRB Provides Guidance on Investigation Confidentiality Policies
By: Anthony Del Rio In July 2012, the National Labor Relations Board (“NLRB”) ruled that a blanket policy requiring confidentiality during all internal workplace investigations violates employees’ rights under Section 7 of the National Labor Relations Act (“NLRA”). The ruling represented a somewhat conflicting position, because one of the primary reasons confidentiality provisions were put in…
Wage and Hour Issues Evolving at a Rapid Pace
By: Brad Adler Wage and hour lawsuits continue to be some of the fastest growing civil suits in our court system. In Georgia alone, FLSA lawsuits increased 40 percent in 2012, outpacing the approximately 13 percent increase nationwide by a significant margin. Mirroring this increase in suits is an increase in significant decisions interpreting various…
Using the Common Interest Doctrine to Protect Information from Disclosure
By: Kamy Molavi
Various methods are used in litigation to limit the disclosure of information and documents to opposing parties. One is to invoke a privilege. The most common privileges are the work product doctrine and the attorney-client privilege.
Some jurisdictions have adopted a principle related to the work product doctrine and
Employers Beware of Rules Against Employee Discussion of Internal Investigations
By: David Cole
On July 30, the NLRB issued a decision in the case of Banner Estrella Medical Center, which highlights the dangers of blanket instructions or policies prohibiting employees from discussing internal investigations. The company’s human resources manager routinely asked complaining employees not to discuss the matter with their coworkers while the company’s