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California Supreme Court rules private discussions between client and attorney during mediation are not admissible in malpractice actions

USA - February 4 2011 Cassel v Superior Court involved the mediation of a business dispute in which the plaintiff, Michael Cassel, agreed to accept a settlement of $1.25 million dollars for his claims....


Ninth Circuit holds that employees who leave their jobs because the business is closing have not "voluntarily departed" under the WARN Act

USA - February 4 2011 In Collins v Gee West Seattle LLC, a case of first impression, the Ninth Circuit ruled that employees who leave their jobs after being informed that the business is closing are suffering an "employment loss" and are not "voluntarily departing."...


Use of personal email on work computers can defeat attorney-client privilege

USA - February 4 2011 In a recent California Court of Appeals decision, Holmes v Petrovich, the court held that emails sent by an employee to her attorney on a work computer were not attorney-client privileged because they were sent from a work email account....


Summary judgment reversed holding that determination of employee or independent contractor should be made by a trier of fact, considering the totality of the evidence

USA - February 4 2011 In Arzate v Bridge Terminal Transport, Inc, a California Court of Appeal reversed a trial court grant of summary judgment for the employer....


Questions on government background check form asking about illegal drug use do not violate the right to informational privacy

USA - February 4 2011 In National Aeronautics and Space Administration v Nelson, contract employees at a NASA facility sued claiming that two parts of a standard government employment background investigation violated their Constitutional privacy interest in avoiding disclosure of personal matters....