If you are accused of destroying evidence, and the federal judge ruling on the motion starts his opinion by quoting a John Hiatt song call...

Yesterday, in a narrow, 5-4 partisan decision, the Supreme Court issued its most anticipated employment decision of its current term,  Epi...

Photo by Devin Avery on Unsplash Yeterday, I was tagged with the following question on LinkedIn : Interested in your opinion on this ...

When you litigate, you’re losing. This is an odd statement for a litigator to make. But it’s true.

Consider Locigno v. 425 West Bagley, Inc. [pdf] , decided last week by an Ohio appellate court. This case is remarkable. Because of some...

I spent yesterday in a deposition. That fact is not all that unusual for a litigator. What makes yesterday’s exercise stand out is that I wa...

When employers are sued, they do not put enough thought into damages. The typical response is, “We didn’t discriminate; we aren't liab...

Two and a half years ago I asked, How much does it cost to defend an employment lawsuit? My answer: The reality is that defending a discr...

Four years ago, in Wal-Mart v. Dukes , the U.S. Supreme Court held that it was inappropriate to certify a nationwide class of 1.5 million ...

Every jury trial starts with what is called voir dire—a question-and-answer session between the lawyers and the pool of potential jurors. As...

Three years ago, I wrote a post entitled, 10 tips for preparing for your deposition , in which I offered some ideas for how to best prepare ...

Because of the relative newness of the issue, it always seems newsworthy when the NLRB issues a social-media decision. World Color (USA) Cor...

While employed as an electrical line worker for Consumers Energy Company from 2001 through 2005, Theresa Waldo claimed that she suffered the...

Twice in the last three years, the 6th Circuit has signed off on contracts between an employer and employee that shortened the time for an e...

In recent terms, the U.S. Supreme Court has shown some hostility to class action lawsuits.  In Wal-Mart v. Dukes , the Court concluded tha...

Legal disputes end in one of two ways—either with a judgment by a court or an agreement between the parties. The vast majority of cases foll...

Lost amid the news of salacious allegations of workplace misconduct, historically bad depositions, a food empire going down in flames, and t...

Last Friday I had the pleasure of appearing on Huffington Post Live, in a segment entitled, “You’re Fired! No really.” We discussed the curr...

Have you heard that the new owner of the Cleveland Browns has gotten himself into a bit of legal trouble? It’s alleged that Jimmy Haslem’s o...

The pickoff is one of the most dramatic defensive plays in baseball. It can single-handedly kill a rally. The tying run on first? One deft...