About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: Litigation
No Costs Awarded For Processing, Storing and Procuring ESI
After prevailing at summary judgment in an employment discrimination suit, defendant Verizon South, Inc. sought an award of its costs for $7,564.40. This amount included costs for the service of subpoenas by a private process server, the transcripts of eight … Continue reading
Posted in Litigation
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Oral Argument Held In Wal-Mart v. Dukes
The U.S. Supreme Court heard oral argument today in the Wal-Mart Stores v. Dukes lawsuit. The case presents significant issues on federal class actions and, even though resolution of the dispute may ultimately cost Wal-Mart millions if not billions of … Continue reading
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California Court Holds That Emails Sent On Employer’s Computer Not Confidential
In a recent decision, the California Court of Appeal held that emails sent by an employee to her attorney on her employer’s computer regarding possible legal action against her employer were admissible as the emails did not constitute confidential attorney-client … Continue reading
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Interesting Pair Of Posts On The Intersection Of Facebook And Employment Litigation
Eric Meyer (The Employment Handbook) has a couple of interesting posts on the intersection of Facebook and employment litigation. You can find his articles/posts here (defense side) and here (employee side).
Be Warned: Sanctions May Result For Pursuing Frivolous Lawsuits!
A pair of recent decisions suggests that frivolous employment lawsuits are being met with increased scrutiny by the courts. Both cases resulted in attorneys’ fee awarded to the prevailing defendant. More after the break.
Posted in Litigation
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2010 Fulbright Litigation Trends Survey Shows Increase In Employment Litigation
The 2010 Fulbright & Jaworski L.L.P. Litigation Trends Survey has come out. Employment litigation is on the rise. More after the break.
Eastern District Orders Production Of Emails Using Focused Search Term List
On September 15, 2010, the U.S. District Court for the Eastern District of Virginia, Richmond Division, in Marlow v. Chesterfield County School Board (Case NO. 3:10-cv-00018-DWD) granted, in part, plaintiff’s motion to compel emails and personnel files in a discrimination case … Continue reading
Posted in Litigation
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Employer Loses Effort To Apply RICO Statute To Employee Double-Billing
The U.S. District Court for the Eastern District of Virginia dismissed RICO claims brought by a defense industry consulting company against a former employee. More after the break.
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Waiver of Attorney Client Privilege
In a case worth reading for any “client,” the Virginia Supreme Court held in Walton v. Mid-Atlantic Spine Specialists, P.C. that the defendant doctor had waived the attorney-client privilege when he inadvertently produced a letter he had written to his attorney because he … Continue reading
Judicial Hell Holes
The WSJ Law Blog has a post on the most recent list of judicial hell holes put out by the ATRA. The list is after the break.
Fire Caused By Employee Overnight In Hotel Room Could Be Within The Scope Of Employment
In Rivett Group, LLC, et al. v. Chelda, Inc. et al., while denying a motion for summary judgment the United States District Court for the Western District of Virginia found that a restaurant employee’s conduct that led to a fire and … Continue reading
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Litigation Tidbits
For those interested in news relating to litigation, we have the following news items: The fastest circuit courts in Virginia — VLW Fulbright & Jaworski annual litigation survey — where to get it here. Commentary on it here and here.
Western District of Virginia Allows Ex Parte Contact With Non-Supervisory Employees
In Smith v. United Salt Corp., the United States District Court for the Western District of Virginia held that the plaintiffs and their counsel were not prohibited from engaging in ex parte communications with employees of the defendant employer so … Continue reading
Unfounded Trade Secrets Claim Against Former Employees Leads To $1.6 Million Judgment
In FLIR Systems, Inc. v. Parrish, the California Court of Appeals affirmed a $1.6 million judgment in favor of the employees in a claim brought by their former employer under California’s Uniform Trade Secrets Act. The opinion can be found … Continue reading
Court Grants Additional Compensation To Plaintiff To Offset Tax Liability
In Eshelman v. Agere Systems, Inc., the U.S. Court of Appeals for the Third Circuit held that a trial court has discretion in granting additional compensation to offset tax liability in back pay awards. More after the break.
