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Author Archives: Sarah Merkel

Limiting legal process by proxy

  In a decision issued just last week, a divided New York State Court of Appeals applied the age-old doctrine of champerty, barring litigation brought by plaintiff Justinian Capital SPC (“Justinian”).  Justinian Capital SPC v. WestLB AG, 2016 N.Y. Slip ...

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Trials & Tribulations: Court rules on Title VII violation by Abercrombie & Fitch

On June 1, the U.S. Supreme Court determined that a prospective employer violates Title VII’s prohibition against religious discrimination if the employer fails to hire an applicant because it seeks to avoid accommodating a religious practice, even if the employer ...

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Trials & Tribulations: Importance of employer policies on technology

From alleged NSA email access to Google’s recent defense of the purported data-mining of emails sent and received through its email services, third-party access to electronic communications has been the subject of recent media reports, discussion and litigation. Moreover, devices ...

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Trials & Tribulations: Witness review of privileged docs: Perils and protections

Most depositions include an inquiry into what documents the witness has reviewed in preparation for her testimony. Yet this ubiquitous question can prove problematic, especially if the witness has reviewed privileged material. Likewise, the very compilation of documents for witness ...

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Trials & Tribulations: ‘Fall’ cleaning for attorneys – document, file retention

Even the “greenest” attorneys are often left with mountains of paper following the conclusion of a matter. Electronic communications compound the problem, as attorneys struggle with what to print or store. With new matters looming on the horizon, preparing and ...

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Trials & Tribulations: Health care act passes constitutional muster

In a decision issued last week, the Sixth Circuit Court of Appeals won the race to release the first appellate-level decision regarding the constitutionality of the Patient Protection and Affordable Care Act. In Thomas More Law Center v. Obama, the court determined that the hotly-debated minimum coverage provision ...

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Trials & Tribulations: New regulations shed light on GINA

New regulations promulgated by the Equal Employment Opportunity Commission, interpreting the Genetic Information Nondiscrimination Act go into effect on Jan. 10. These regulations provide additional guidance on the interpretation of Title II of GINA ...

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