News & Analysis as of

Confidential Information Confidentiality Agreements Discovery

EDRM - Electronic Discovery Reference Model

Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol

In Orlando Health, Inc. v. HKS Architects, Inc., 2024 WL 4025379 (M.D. Fl. Sept. 3, 2024), the court denied an unopposed motion to enter a protective order and an unopposed motion to enter an ESI Protocol....more

Polsinelli

Protected Activity or Terminable Misconduct? — Government Contractor Update

Polsinelli on

It has become almost routine for employees pursuing whistleblower and other employment-related claims against their employer to engage in "self-help discovery," using their access to files and databases to collect and gather,...more

Searcy Denney Scarola Barnhart & Shipley

BYOD – Another reasonable basis for discovery about discovery

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Employers Discipline Employees for “Self-Help Discovery”? Massachusetts Decision Raises More Questions Than Answers

Employers know all too well that employees sometimes help themselves to documents the employer would like to keep confidential. This is precisely why many employers require employees to sign confidentiality agreements and...more

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