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 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...
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...
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...
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...
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 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...
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...