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Four Big Benefits to Bringing an Anti-SLAPP Motion in a California Employment Lawsuit Posted on: June 21, 2022 In: Labor & Employment
California enacted its anti-SLAPP (i.e., Strategic Lawsuits Against Public Participation) statute to provide a procedural remedy early in litigation to dispose of lawsuits that are brought to chill the valid exercise of constitutional rights. In the employment context, an anti-SLAPP motion most often is used to attack a defamation cause of action, but it can apply to any cause of action regardless of title, so long as it comes within the four types of protected speech.
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california, anti-slapp, protected speech, litigation
Using Artificial Intelligence to Track Growing Remote Workforce and Related Litigation Implications Posted on: June 11, 2021 In: Labor & Employment
The COVID-19 pandemic has changed the workplace, with the most notable change surrounding acceptability of long-term remote work. An April 2020 Gallup survey found that whereas 31% of respondent U.S. workers reported that they worked remotely between March 16 and March 19, that number grew to 62% between March 30 and April 2. By April 2, 59% of respondents stated that they desired to work from home as much as possible in the future.
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artificial intelligence, human resources, technology, remote work, litigation, covid-19
It’s Official: EEOC Adopts New Rule Updating Conciliation Procedures Posted on: March 03, 2021 In: Labor & Employment
In welcome news for employers, on January 11, 2021, the Equal Employment Opportunity Commission (EEOC) adopted its final rule updating its conciliation procedures for the first time in more than 40 years. The rule is designed to ensure transparency, consistency, and fairness in the conciliation process between employers and the EEOC. Best of all, the process is informal and confidential, and can help employers to improve the workplace and address specific grievances with less risk of litigation.
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Tags:
eeoc, conciliation, discrimination, litigation, employmentlaw
Three Steps to Creating Essential Employment Documentation Posted on: October 06, 2020 In: Labor & Employment
One of the first things employment attorneys do when assigned a new litigation matter is request documentation from either their client or opposing counsel, depending on whether they represent the employer or employee. From a defense standpoint, certain documentation is reviewed in every case, namely, the employee’s personnel file and the employee handbook. This post will discuss some best practices employers can follow to ensure optimal documentation for potential later use in litigation.
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documentation, employee handbook, litigation, human resources, personnel file
The Pandemic’s Silver Lining: Tips for Making the Most of Virtual Communication Posted on: August 20, 2020 In: COVID-19 Response
If there is a silver lining in the current COVID-19 pandemic, it may very well be the pervasiveness of electronic communication, including Zoom, WebEx, Blue Jeans, and other virtual platforms. Before March 12, 2020, I traveled constantly. It was not unusual to spend a day traveling, appear in court for a 15-minute case management conference, and spend another half day returning to home base only to travel again.
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zoom, virtual meetings, litigation, electronic communication, covid-19
2018 in review – Inter Partes Review Developments, Part 2 of 2 Posted on: December 11, 2018 In: Intellectual Property & Technology
Following the Oil States decision in which the Supreme Court invoked the public rights doctrine to protect the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review (IPR), the Federal Circuit used a similar line of reasoning to determine whether tribal sovereign immunity could bar this form of patent review.
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patents, cafc, ptab, litigation, ipr time-bar, ipr sovereign immunity