201708.150

Destroying Evidence: Taylor Swift Says “Shake it Off”

Litigation

From Berman Fink Van Horn This blog has periodically highlighted the consequences of destroying evidence and the role forensics play in litigation.  Last week’s blog entry discussed the contours of third parties’ obligations to preserve relevant evidence. For this week’s spoliation lesson, we turn to a dispute involving pop culture icon Taylor Swift. Taylor Swift had bad blood with a…

201708.140

When you discover that you employ a Nazi

Employment

From Meyers, Roman, Friedberg & Lewis In the wake of Friday and Saturday’s horrific, evil events in Charlottesville, the the twitter account YesYoureRacist posted many riot photos and identified many of the rioters. And, as a result, some have lost their jobs. Question: Does one participating in a Nazi rally enjoy any job protections from said participation? Answer: Absolutely…

201708.100

Supplement to Arizona Employee Earned Paid Sick Time

Employment

From Margrave Clemins On July 7, 2017, the Industrial Commission issued a Notice of Supplemental Proposed Rulemakings. Such Notice states that employers who “front load” employee earned paid sick time (EPST) are not required to carry-over unused EPST each year. Front loading is when an employer provides its employees with immediate use at the beginning…

201708.100

Apparently the labor rights of strikers trump the non-harassment rights of employees

Employment

From Meyers, Roman, Friedberg & Lewis There exists only one workplace environment in which a white employee can keep his job after yelling the following at a group of African-American employees. “Hey, did you bring enough KFC for everyone?” “Go back to Africa, you bunch of f***ing losers.” “Hey anybody smell that? I smell fried…

201708.090

Turning to a 3rd party for evidence in a lawsuit? Ensure it’s available

Litigation

From Berman Fink Van Horn Whether a matter involves divorce, criminal matters, contracts or anything in-between, the strength of a case or defense is largely dependent on the evidence presented by each party.  Yet, in some situations, a party does not possess the evidence it needs and must rely on a third-party to ensure that…