Blog Archives

Authority grows on concealed weapons in the workplace

Arnstein & Lehr attorney Jesse R. Dill

Jesse R. Dill

In light of recent events, many employers are more concerned than ever over violence entering the workplace. Policies and security measures are being examined and highly scrutinized. Last month I wrote about a Western District of Kentucky decision that found an employee was not protected by Kentucky law when he pulled a firearm from his vehicle to show a security guard. An opinion followed shortly thereafter out of the Western District of Michigan that may also help employers interpret their state’s concealed carry laws.

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Court approves discovery questionnaire seeking social media information

Arnstein & Lehr attorney Jesse R. Dill

Jesse R. Dill

Employers and in-house counsel facing class-wide litigation received a welcome opinion from the District of Colorado to kick-off the new year. In EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., the court approved a questionnaire for claimants to identify numerous sources of electronic information, including that which could be used to access social media accounts.

The case involves claims brought by the EEOC for sexual harassment, a hostile work environment, and retaliation under Title VII. The defendant sought discovery from a number of sources regarding the class members’ emotional and financial damages. In describing the requests for social media materials, the court described such services as a folder titled “Everything About Me” for each class member. The court agreed that discovery of additional social media content was relevant and should be produced based on some statements the defendant showed were on a plaintiff’s Facebook account.

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NLRB issues Hispanics United Facebook firing decision

Arnstein & Lehr attorney Jesse R. Dill

Jesse R. Dill

Is the NLRB following a Mayan calendar? It seems there is a flurry of activity coming from the board as we head into the calendar-year end. Included in that activity is the release of Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (2012). This case has been on the radar for many social media and labor law followers because it was one of the first to address a discharge from employment on the basis of social media activity.

The board decisions from earlier this year on social media were not especially instructive on the issue of how social media statements may be construed as protected concerted activity. Hispanics United is different in that it squarely addressed this question. Unfortunately, and as expected by many NLRB followers, things did not turn out well for the employer.

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Peter E. Shapiro honored by Florida Broward Sheriffs Office as citizen hero

Arnstein & Lehr Attorney Peter E. Shapiro

Peter Shapiro

Arnstein & Lehr Fort Lauderdale Partner Peter E. Shapiro was honored on December 13 by the Florida Broward Sheriffs Office at a ceremony for citizen heroes. Mr. Shapiro rescued a man whose car left the road and went into a lake in Weston. Mr. Shapiro jumped into the lake and swam to the man as the mans car was sinking.

For more information about the ceremony, please click here.

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Charles W. Pautsch quoted in CFO article on Wal-Mart FCPA issues

Arnstein & Lehr Attorney Charles W. Pautsch

Charles Pautsch

Arnstein & Lehr Milwaukee Partner Charles W. Pautsch was quoted in a CFO.com article on December 6, titled “Wal-Mart: Tip of Bribery Iceberg.” The article discusses bribery investigations in Mexico and India of Wal-Mart’s purported involvement in corruption. Mr. Pautsch comments that Wal-Mart is the “the tip of the iceberg” and mentions that enforcement of the Foreign Corrupt Practices Act was strong in the early 1980s, then waned for a while, but lately has been picking up substantially. Mr. Pautsch also comments that as companies seek to do business in more places in the world, corruption will become an even bigger problem.

To read the article in full, please click here.

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John L. Ropiequet publishes article in the Non-Prime Times journal on impact of FTC rule on auto finance industry

Arnstein & Lehr Attorney John L. Ropiequet

John Ropiequet

Arnstein & Lehr Chicago Partner John L. Ropiequet has published an article in the November/December issue of Non-Prime Times, titled “What Does the FTC’s New Interpretation of the Holder Rule Mean for the Auto Finance Industry?” The article discusses an advisory opinion issued earlier this year by the full Commission that seeks to reaffirm a staff letter from several years ago which asserted that the liability of assignees of credit contracts under an FTC Rule for claims against assignors is not limited to situations where a consumer can rescind the contract. The staff letter’s position has been rejected by numerous courts, and the FTC takes issue with the courts.

To read the article in full, please click here.

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David L. Newman quoted in Law 360 article on Apple and Samsung clash over $1B patent verdict

Arnstein & Lehr Attorney David L. Newman

David Newman

Arnstein & Lehr Chicago Partner David L. Newman was quoted in a December 5 article in Law360, titled “Apple, Samsung To Clash In Court Over $1B Patent Verdict.” The article discusses a patent battle between Apple Inc. and Samsung Electronics Co. Ltd., with Apple fighting for more damages and asking for a ban on Samsung smartphones found to infringe its patents, and Samsung seeking a new trial or a reduction of the jury’s $1.05 billion verdict. Mr. Newman notes his belief that the lawsuit by Apple is not so much about money as it is about discouraging competitors from copying its products. He feels that what Apple is saying is that damages are not enough to do that and they need a permanent injunction.

To read the article in full, please click here.

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Harley Storrings featured on WIOD radio providing legal tips for workplace holiday parties

Arnstein & Lehr Attorney Harley Storrings

Harley Storrings

Arnstein & Lehr Miami Partner Harley Storrings was recently featured in a radio segment on WIOD Newsradio 610 regarding legal tips for workplace holiday parties. The segment states that companies should be careful in throwing holiday parties, make efforts to limit the amount of alcohol employees consume, consider shutting down the bar an hour before the party ends and provide transportation home. Mr. Storrings comments that it is helpful to include spouses or other family members of the employee at a holiday party to make the employee more responsible, as they tend to have more control when a family member is around.

To listen to the audio clip, click here.

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Howard J. Swibel authors IICLE Press handbook on secured transactions

Arnstein & Lehr Attorney Howard J. Swibel

Howard Swibel

Arnstein & Lehr Attorney Marc S. Zaslavsky

Marc Zaslavsky

Arnstein & Lehr Chicago Partner Howard J. Swibel, with the assistance of Chicago Associate Marc S. Zaslavsky, has authored a handbook produced by the Illinois Institute for Continuing Legal Education (IICLE), titled “Secured Transactions” 2013 Edition. The Illinois Institute for Continuing Legal Education is a not-for-profit 501(c)(3) organization dedicated to supporting the professional development of Illinois attorneys through Illinois-focused practice guidance. Mr. Swibel’s work on this project is on a volunteer basis.

To learn about volunteer opportunities at IICLE® click here.

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Michael B. Denberg and Phillip M. Hudson, III named to Daily Business Review’s 2012 Most Effective Lawyers

Arnstein & Lehr Attorney Michael B. Denberg

Michael Denberg

Arnstein & Lehr Attorney Phillip M. Hudson, III

Phillip Hudson

Arnstein & Lehr Miami Partners Michael B. Denberg  and Phillip M. Hudson, III were recognized in the December 10 edition of the Daily Business Review which celebrated its 2012 Most Effective Lawyers. This eighth annual special report recognized some of the best work delivered by private and public sector lawyers from Miami-Dade, Broward and Palm Beach Counties. The winners were measured by one critical benchmark – the results for their clients. Those recognized included attorneys who scored the biggest jury verdicts and settlements or achieved significant decisions affecting public policy or business.

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