Practice Areas & Industries: Ogletree, Deakins, Nash, Smoak & Stewart, P.C.


E-Discovery and Records Retention Return to Practice Areas & Industries

Group Profile Lawyers in this Group Offices Locations for this Group

Practice/Industry Group Overview

Recognizing that litigation in the 21st Century often focuses on discovery issues – and that advance preparation for discovery is a big step towards winning the battle – Ogletree Deakins offers litigation preparedness and e-discovery advice from a group of seasoned litigators with an eye for detail and years of experience.

Our team helps clients get their corporate houses in order. Working hand in hand with our clients to ensure comprehensive coverage, reliability, accuracy, and workability, we create record retention, litigation hold, record remediation, and e-discovery programs. These programs are critical to the avoidance of the growing threat of spoliation claims, reduce the costs associated with litigation, and help our clients meet regulatory and litigation related record retention obligations – as well as their own business needs for information.

Ogletree Deakins attorneys who have many years experience in addressing discovery issues and managing discovery in complex litigation serve as resources to firm colleagues and clients alike when discovery challenges are presented in litigation. The E-Discovery team provides strategic direction as well as knowledgeable oversight – or can manage the discovery process from start to finish – thus enhancing the effectiveness of the litigators to whom our clients entrust significant disputes.

Articles Authored by Lawyers at this office:

European Court of Justice Invalidates European Commission’s Safe Harbor Decision
Simon J. McMenemy,Hendrik Muschal,Grant D. Petersen, October 20, 2015
On October 6, 2015, the European Court of Justice (ECJ) issued its much-anticipated decision in Schrems v. Data Protection Commissioner, Case C-362/14. The case considered the viability of the U.S.-EU Safe Harbor Framework, which has been applied to permit U.S. companies to transfer personal data...

Second Circuit Refines Title VII Pleading Standard
P. Kramer Rice, September 15, 2015
The Second Circuit Court of Appeals recently remanded a former employee’s racial discrimination lawsuit brought under Title VII of the Civil Rights Act of 1964. In Littlejohn v. City of New York, No. 14-1395 (August 3, 2015), the court held that the “plausibility” standard for...

Second Circuit Expands Protections for Internal Whistleblowers
Margaret Hutchins Campbell, September 11, 2015
As we forecast in our August 2015 post, “The SEC’s Interpretative Guidance on Internal Whistleblowing Under the Dodd-Frank Act,” a federal court of appeals today issued a decision in line with the U.S. Securities and Exchange Commission’s (SEC) interpretation that the...

Federal Court Upholds Louisiana Ban on Project Labor Agreements
Andrew P. Burnside, September 01, 2015
A federal court in the Eastern District of Louisiana recently ruled that Louisiana’s ban on project labor agreements on public works projects was neither unconstitutional nor preempted by the National Labor Relations Act (NLRA). In Southeast Louisiana Building and Construction Trades Council...

Louisiana Federal Court Cautions Against Seeking Enforcement of Invalid Noncompete Agreements
Andrew P. Burnside, September 01, 2015
In what should serve as a cautionary tale to employers with noncompete agreements, a federal court in the Eastern District of Louisiana allowed an unfair trade practices claim to survive against an employer that attempted to enforce an allegedly invalid noncompete agreement.

Louisiana Legislature Ensures Franchisees Are the Sole Employers of Their Workers
Katherine E. Pizzini, September 01, 2015
The Louisiana legislature recently passed Act 404 of the 2015 legislative session, clarifying that in most circumstances franchisees are the sole employers of their employees. The bill was signed by Governor Bobby Jindal on July 1, 2015, and went into effect on August 1, 2015.

Louisiana Supreme Court Reaffirms At-Will Employment Doctrine
Katherine E. Pizzini, September 01, 2015
In Read v. Willwoods Community, 2014-C-1475 (La. 2015), the Supreme Court of Louisiana overturned a jury verdict awarding damages to a plaintiff who claimed that his employer breached a verbal contract to employ him for a term of five years. The plaintiff argued that during his interview the...

Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?
Daniel J. Kanter, August 20, 2015
When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any relationship they may have now or in the future. The employee...

Missouri School Boards, Cities, and Counties: Consider Enacting Ordinance Providing for Secret Ballot Union Elections for Certain Employees
Meredith A. Lopez,Robert W. Stewart, August 19, 2015
Article I, Section 29 of the Missouri Constitution gives employees “the right to organize and to bargain collectively through representatives of their own choosing.” For most public sector employees, Chapter 105 of the Missouri Revised Statutes (RSMo) includes a procedure by which...

Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling
Lisa Karen Atkins,John Richard Carrigan, August 13, 2015
Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S. District Judge Claudia Wilken to take effect for scholarship offers made...

Colorado Supreme Court Affirms Right to Discharge Medical Marijuana User Who Tested Positive in Violation of Zero Tolerance Policy
Raul Chacon,Austin E. Smith, June 19, 2015
Today, the Colorado Supreme Court issued its long-awaited opinion in Coats v. Dish Network, No. 13SC394 (June 15, 2015). The court held that Colorado’s lawful off-duty conduct statute does not prohibit employers from discharging employees who choose to use marijuana for medical purposes...

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement
Andrew L. Metcalf,James M. Paul, June 16, 2015
In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim. The...

New Texas “Open Carry” Legislation On Its Way to Becoming Law
Stephen J. Quezada, June 16, 2015
The Texas House of Representatives recently passed legislation (H.B. 910) that will allow holders of a concealed handgun license to carry holstered handguns in plain view. The Texas Senate passed its version of the “open carry” law (S.B. 17) in April 2015. The bills will proceed to...

Ninth Circuit Extends ERISA Deadline, Revives Untimely Appeal
Sean P. Nalty, June 16, 2015
Last week, the Ninth Circuit Court of Appeals issued its opinion in LeGras v. AETNA Life Insurance Company, No. 12-56541 (May 28, 2015), holding that the 180-day period to appeal a denial of a long-term disability claim was extended to the following Monday because the last day to submit the appeal...

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers
Tevis Marshall, June 16, 2015
In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers facing claims of retaliation. In Foster v. University of Maryland-Eastern...

Supreme Court Rules Employer’s Motive (Not Knowledge) Decides Disparate-Treatment Claims
Hera S. Arsen, June 16, 2015
On June 1, 2015, the Supreme Court of the United States decided whether an employer’s obligations under Title VII of the Civil Rights Act of 1964 are triggered only when an applicant has informed the employer of his or her need for an accommodation of a religious practice. In an 8-to-1...

Automobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit
Seth E. Ort, May 13, 2015
Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate the repair needs of customers’ vehicles and then to...

A Single "Hitler" Comment Is Insufficient for a Title VII Retaliation Claim in the Fifth Circuit
Hera S. Arsen, May 01, 2015
The Fifth Circuit Court of Appeals recently affirmed a judgment against a City of Houston employee who claimed that he was demoted for reporting another employee’s racially offensive comment made during a workplace meeting. According to the federal appellate court, the worker had not engaged...

Third Circuit Finds Motor Carrier Exemption to Overtime Inapplicable to Truck driver under The "Small Vehicle Exception"
Robin Koshy,Steven J. Luckner,Evan J. Shenkman, April 27, 2015
On March 11, 2015, the Third Circuit Court of Appeals affirmed that the motor carrier exemption to the overtime requirements of the Fair Labor Standards Act (FLSA) did not apply to a truck driver who operated vehicles lighter than 10,000 pounds, even though she spent more than half her time...

Third Circuit Holds Option to Convert Terminated Employees Into Independent Contractors Sufficient Consideration to Support Release
Robin Koshy,Steven J. Luckner,Evan J. Shenkman, April 27, 2015
In connection with a wholesale reclassification of certain sales agents from employees to independent contractors, Allstate Insurance Company terminated the employees and offered them the opportunity to work as independent contractors in exchange for the execution of a release of all claims arising...

Proposed Wisconsin Legislation Would Make It Easier for Employers to Enforce Restrictive Covenants
Mark A. Johnson, April 01, 2015
The Wisconsin legislature may soon dramatically change the law that governs restrictive covenants, making them easier to enforce.

Recent Illinois Federal Court Rulings Cloud Fifield’s Bright-Line Test
Kwabena A. Appenteng,Tobias E. Schlueter, March 24, 2015
Two recent rulings in the Northern District of Illinois, Eastern Division and the Central District of Illinois, Peoria Division, have further blurred the “bright line” two-year consideration rule established by the Illinois First District Court of Appeals in Fifield v. Premier Dealer...

Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations
Hera S. Arsen,John Gerak,Kelly L. Hamilton, March 24, 2015
On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a new interpretation of a regulation that deviates significantly from a...

King v. Burwell: What to Expect From the Supreme Court Argument
Thomas M. Christina, March 23, 2015
On Wednesday, March 4, 2015, the Supreme Court of the United States will hear argument in King v. Burwell, a case involving premium tax credits under the Affordable Care Act (ACA). Among its many provisions, the ACA includes one that authorizes a refundable federal income tax credit to assist...

A WARN Act Roundup: Jury Trial Rights, the Unforeseen Business Circumstances Defense, and the Single Employer Rule
Michael R. Marra,Melissa Jill Osipoff, March 23, 2015
Towards the end of 2014, three federal courts explored developing issues under the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), 29 U.S.C. §§ 2101-2109 et. seq. Below is a summary of three notable cases that employers may find helpful if contemplating a...

What Will Be the Fate of Your (Facially Neutral) Light-Duty Policies After Young v. UPS?
Hera Arsen, March 23, 2015
With its forthcoming decision in Young v. United Parcel Service, Inc., the Supreme Court of the United States is expected to bring some much-needed clarity to the issue of what the Pregnancy Discrimination Act (PDA), 42 U.S.C. §2000e(k), requires of employers. The case involves the legality of...

2014—A Record-Setting Year for Whistleblowers
Margaret Hutchins Campbell,Jesse C. Ferrantella, March 19, 2015
2014 was a record-breaking year for whistleblowers, including both the U.S. Department of Justice’s prosecution of cases under the False Claims Act (FCA) and the U.S. Securities and Exchange Commission’s prosecution of cases under the Dodd-Frank Wall Street Reform and Consumer...

Virgin Islands Supreme Court Issues Important Decision for Employers
Simone R. D. Francis, March 19, 2015
On February 6, 2015, the Supreme Court of the Virgin Islands issued a decision that addresses several aspects of territorial laws prohibiting discrimination and limiting the permissible reasons for discharging employees. Rennie v. Hess Oil Virgin Islands Corp., No. 2014-0028 (V.I. Feb. 6, 2015)....

Employee's Failure to Participate in Interactive Process Dooms ADA Claim
Maria Greco Danaher, March 03, 2015
A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit Court of Appeals, because she failed to participate in the...

New Jersey Supreme Court Reshapes Sexual Harassment Claims
Carmen J. DiMaria,Mark Diana,Thomas J. Rattay, March 03, 2015
On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD). The court’s decision in Aguas v. State of New Jersey (A-35-13,...

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation
Andrew L. Metcalf,R. Lance Witcher, March 03, 2015
Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of restricting the enforceability of arbitration clauses. If your...

New Year's Resolutions for the California HR Manager
Christopher W. Olmsted, March 03, 2015
So what’s it going to be for 2015? Get up and run three miles every morning? Finally pay off those credit cards? Learn to speak French? Before you finish the list of New Year’s resolutions, consider adding a few on the human resources front. Below are a few recommendations for HR...

Second Circuit Finds Highly Individualized Damages Inquiry Won’t Spoil Rule 23 Class Wage Claims
P. Kramer Rice, March 03, 2015
Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015): The Second Circuit Court of Appeals recently vacated and remanded the U.S. District Court for the Northern District of New York’s decision denying class certification to a group of restaurant workers alleging wage violations....

Virgin Islands Supreme Court Addresses Wrongful Discharge Act and Other Statutory Causes of Action
Simone R. D. Francis, March 03, 2015
In a unanimous decision, the Supreme Court of the Virgin Islands held that the Wrongful Discharge Act (WDA) provides a remedy not only when an individual is discharged or resigns under circumstances that are alleged to constitute a constructive discharge, but also when the individual is demoted...

California Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense
Ameneh K. Ernst, February 23, 2015
Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement or to other benefits and conditions of employment than if he or she had...

Exotic Dancers’ Class Action Employment Suit Stays Alive in California
Ameneh K. Ernst, February 23, 2015
Salazar v. Victory Entertainment, Inc., No. B249888 (December 15, 2014): In a recent decision, a California Court of Appeal revived a class action lawsuit brought by a group of exotic dancers who claimed that they were misclassified as independent contractors. The three-judge panel reversed a trial...

Missouri Court of Appeals Further Restricts Arbitration Agreements
Andrew L. Metcalf,R. Lance Witcher, February 23, 2015
The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their arbitration agreements to determine whether they are still enforceable...

The Price is Wrong: California Court OKs a New Trial in Game Show Model’s Pregnancy Bias Case
Hera S. Arsen, February 23, 2015
Cochran v. FremantleMedia North America, Inc., No. B247541 (December 11, 2014): In a recent unpublished ruling, the California Court of Appeal affirmed a trial court’s order granting a new trial in a case brought by a game show model who was not rehired by the show after giving birth and who...

California Court Revisits Employer’s Duty to Reasonably Accommodate Disabled Employee Under FEHA
Ameneh K. Ernst,Rafael Nendel-Flores, February 09, 2015
Swanson v. Morongo Unified School District, No. G050290 (November 26, 2014): In a recent unpublished decision, a California Court of Appeal held that a teacher, whose request to teach a particular grade as an accommodation after undergoing cancer treatment was denied and whose teaching contract was...

Ninth Circuit Defends Employer’s Discharge of Worker With a History of Intimidation and Threats
Hera S. Arden Ph. D., February 09, 2015
Curley v. City of North Las Vegas, No. 12-16228 (December 2, 2014): The Ninth Circuit Court of Appeals recently affirmed a judgment against a worker who claimed that he was fired because of his hearing impairment in violation of the Americans with Disabilities Act (ADA). The court found that the...