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Wrongful Discharge

- Virginia’s high court has ruled that an individual supervisor may be held liable in a wrongful discharge claim. In the case, a female employee was fired by her supervisor after she refused to get divorced and begin an affair with him. The court ruled that “employer-only liability would be insufficient to deter wrongful discharges.”

Trade Secrets

- An employee accused of stealing intellectual property from his employer must turn over his personal iPhone to be examined as part of the discovery process. The judge ruled that, because of the phone’s functionality, the order was “tantamount to ordering the production of [a] computer.”

Employment

- An employee who was fired after a Facebook post showed her at a party when she was on leave for debilitating back pain may not sue her employer after she was fired for fraud. 

Background Screening

- A federal appeals court has ruled that a company did not violate a former employee’s confidentiality when it disclosed medical information to prospective employers.

Legal Report

- The courts hand down opinions on background screening, retaliation, trade secrets, and wrongful discharge while lawmakers consider gun control legislation.  

Surveillance Laws Need to Be Updated, Says FBI General Counsel

- The rapid advancement of technology has had a positive impact on law enforcement, but it also poses enormous legal challenges because the U.S. has “old laws,” according to Andrew Weissman, general counsel to the Federal Bureau of Investigations (FBI). He spoke at the American Bar Association Standing Committee on Law & National Security luncheon in Washington, D.C. today.

Morning Security Brief: Supreme Court Hears DNA Collection Case, Workplace Shootings, Internet Piracy

- The U.S. Supreme Court heard a case yesterday on whether DNA can be collected by law enforcement without a warrant for comparison in unsolved crimes. A shooting spree has occurred at a plant in Switzerland. Prosecution will not proceed against the owner of an Internet streaming site accused of piracy.

Firearms

- According to the Texas Attorney General’s office, state law makes it illegal for employers to prohibit employees from storing handguns in locked, private vehicles.

Investigations

- The Illinois Supreme Court has ruled that a company is liable for pretexting undertaken by a third party on the company’s behalf. The court ruled that the company must pay compensatory and punitive damages to the employee who was the target of the investigation.

Legal Report

- Courts have issued decisions on employee misconduct, background screening, and investigations.

Supreme Court Has Agreed to Clarify Retaliation Rules

- The U.S. Supreme Court has agreed to hear a case that will clarify what burden of proof a plaintiff must meet to prevail in a retaliation claim. Attorneys in the case have asked the Court to determine whether employees must prove that the retaliation was the sole factor in an adverse employment action or one of several factors.

Morning Security Brief: Nonlethal Ammunition, Drone Pilot Promotions, Preliminary Hearing on Holmes Shooting, and More

- A new non-lethal ammunition. Drone pilots get promoted less than their traditional counterparts. Prosecutors to present evidence against the Aurora shooter. And more.

Morning Security Brief: Drone Documents Denied, Drunk Passengers Cause Emergency Landing, Gun Background Checks, and More

- A U.S. judge denies access to drone strike documents. A flight is forced to land after drunk passengers try to storm the cockpit. FBI sees a record number of firearms background checks. And more.
 




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