In House

Teleicia J.R. Dambreville

Plan and Respond to Protect Against Retaliation Claims

By Teleicia J.R. Dambreville |

Retaliation claims are the most common employment-related suits filed with the U.S. Equal Employment Opportunity Commission. Since 1997, retaliation claims have been on a steady rise, and in 2013, such claims made up 41.1 percent of all charges filed with the EEOC, according to its own statistics. Because all of the laws enforced by the EEOC, which prohibit discrimination in employment, also prohibit retaliation in any aspect of employment, employers are highly susceptible to retaliation claims. Employers must take proactive steps to train managers, supervisors and human resources personnel to protect themselves against the ever-increasing liability of retaliation lawsuits.

Close up of human hands pushing keys of laptop

Understanding Ethics and Obligations Regarding Global Big Data

By Tara Lawler and Laura Kibbe |

It is a basic tenet of professional responsibility that lawyers obtain sufficient proficiency to ensure competent representation of their clients. The challenge in today's world of Big Data and corporate globalization and outsourcing of IT infrastructure is that the level of technological proficiency required is not always clear. Understanding your obligations and establishing defensible processes will be necessary to fully demonstrate competence in discovery should an issue arise.

Close up of human hands pushing keys of laptop

Telecommuting as a Reasonable Accommodation Under the ADA

By Teleicia J.R. Dambreville |

Advances in technology have redefined the workplace, including where work can be performed. In many instances, physical presence in the workplace is no longer a strict requirement, and employers have voluntarily adopted telecommuting/telework policies that allow employees to work from a remote location away from the central workplace.

Facebook's campus at 1601 Willow Road in Menlo Park, CA

The Crime-Fraud Exception to Attorney-Client Privilege

By Hayes Hunt and Michael P. Zabel |

The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it coming, your client's intentions in obtaining legal advice may expose your communications to disclosure. A law firm is experiencing this problem firsthand in a series of high-profile cases involving Facebook, Mark Zuckerberg and a former business partner. The cases present an interesting study in how the crime-fraud exception can operate.

Requiring Employee Confidentiality in Internal Investigations

By Nina Markey |

Employers conducting internal investigations often seek to keep the information they obtain confidential for a variety of reasons. Employers may be concerned that they will lose control of the process, witness credibility may be affected by employee disclosures, witness intimidation may occur, someone may improperly use confidential information discovered during the investigation, or someone will report conduct externally before the employer can collect all of the relevant evidence and information. Employees may also fear retaliation when they participate in an investigation, and the promise of confidentiality encourages employees to come forward. Indeed, Equal Employment Opportunity Commission (EEOC) enforcement guidance instructs employers to protect the confidentiality of harassment allegations to the extent possible.