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Getting ESI Evidence Admitted: Lorraine v. Markel American Insurance Co.
Introduction Much has been written about a company's obligation to preserve, produce, and even restore electronically stored information ("ESI"), but much less has been written about the ways in which ESI can actually be used as evidence to prove one's case or defend against a charge. That...
Read MoreAccommodating Disabled Employees: A Guide To The Good Faith Interactive Process
Companies striving for progressive, employee-friendly policies in today's business environment commonly seek to achieve a diverse workforce. These diversity initiatives, which are inspired by both business sense and moral imperative, focus in part on persons with disabilities.In fact, recent...
Read MoreGibbons Program On Employment Practices Liability
Editor: Ms. Amalfe, would you tell our readers something about your practice? Amalfe: Over the past 20 years my practice has been focused primarily on defending companies in cases brought by current or former employees relating to alleged inappropriate employment practices. In addition, I spend...
Read MoreWant Your Adversary To Pay Your Attorneys' Fees And Investigative Costs In Business Litigation? Maybe New Jersey's Computer Related Offenses Act Can Help!
Attorneys and clients are always seeking fee shifting provisions to both minimize costs and put an adversary at peril. While much has been made of the Federal Computer Fraud and Abuse Act, 18 U.S.C. 1030, which prescribes both criminal and civil penalties for computer related offenses,1 New Jersey...
Read MoreDiscovery
Gibbons' E-Discovery Conference: Helping The Client Develop Defensible Practices
Editor: Mr. Sidoti, would you tell our readers something about your professional experience? Sidoti: I earned my undergraduate degree from Fordham University and continued on to Fordham Law School, from which I graduated in 1988. I started my career with Gibbons - then Crummy, Del Deo, Dolan,...
Read MoreRetaliation/Discrimination Or Interference: Why It Matters Under The FMLA
The Federal Family and Medical Leave Act ("FMLA") arms employees with two types of causes of action against employers. The FMLA's "interference" provision declares it "unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise" any right provided by...
Read MoreDon't Take Property, At Least Not Without Telling Someone!
A government taking by way of condemnation is one of the most controversial areas of the law from both a legal and social perspective. However, no matter what one's view on this hotly contested topic, one aspect is clear. Property owners must be given all of the requisite due process rights when a...
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