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Most clients understand that communications with their attorneys is confidential and privileged, and generally not subject to discovery by opposing counsel. The privilege however is not absolute and it can be waived. And one way for a client to waive privilege is to have the communication in the presence of a third party, who is […]

If an employer thinks all that a wage and hour violations lead to is simply a monetary fine, think again. In April 2014,  U.S. Federal Prosecutors  indicted Republican Congressmen Michael Grimm from Staten Island, for violations of wage and hour-related tax laws, and the Immigration Reform and Control Act of 1986 (the “IRCA”), related to a […]

Sebastian Vettel became the youngest Formula 1 quadruple champion by winning the Indian Grand Prix on 27th October and opening up an unassailable lead over Fernando Alonso. Better luck to Ferrari next year I guess! 

The plaintiff an administrative assistant to the Athletic Director of a public school district in Tulsa, Oklahoma, alleged that she had reported the Director and two Assistant Directors as misappropriating funds.  Shortly after she made these reports, she was terminated. She grieved her termination. During the grievance process, the plaintiff was contacted by the cyber-crimes […]

In a recent case from Puerto Rico, a court found that an employer will have to produce employees’ emails from personal email accounts, where such emails were used to conduct business.  At a time when many employers are encouraging employees to bring their own electronic devices to work, use of these devices for business matters, […]

In Dawkins v. Fulton County Gov’t, (11th Cir. Sept. 30, 2013), an employee sought to bring a claim of Family Medical Leave Act (FMLA) retaliation based on a manager’s one word response of “Approved” to an e-mail requesting both emergency and FMLA leave, even though she did not comply with the employer’s medical certification requirements.  How […]