March 2011

PLAINTIFF WHO DISCUSSED A LAWSUIT WITH HER ATTORNEY USING COMPANY’S E-MAIL CANNOT CLAIM ATTORNEY-CLIENT PRIVELEGE

A California state appeals court recently ruled that a woman who sued her employer claiming discrimination cannot shield the e-mails she sent to and received from her lawyer in the litigation because they were sent from her work e-mail account.  The court concluded that the e-mails were not a protected confidential communication (in other words, they …

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UNITED STATES SUPREME COURT RECOGNIZES RETALIATION AGAINST THIRD PARTY

In January, 2011, the United States Supreme Court, in Thompson v. North American Stainless, held that an employee can claim retaliation even for simply being associated with another employee who engaged in protected activity.  The case involved an employee of North American Stainless, Miriam Regalado, who was engaged to another employee, Eric Thompson.  Three weeks …

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