'Opt-in' class actions pose hard discovery issues; FLSA and ADEA plaintiffs often seek discovery of the names of all potential 'class' members
Article Abstract:
The status of suits as class actions under the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act of 1967 (ADEA) is unresolved. Results in such suits have, however, suggested broad discovery obligations for corporations involved in such suits. They may be obligated to comply with requests from allegedly representative claimants seeking the names and addresses of similarly situated employees. FLSA and ADEA class actions are governed by Section 216(b) of the FLSA rather than by Federal Rule of Civil Procedure 23. Relevant cases are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Spoliation issues arise in digital era; litigants must decide when the duty to preserve routinely disposed-of electronic files, such as voice mail or e-mail, arises
Article Abstract:
The digital era brings with it concerns about litigants' duty to preserve voice mail or e-mail evidence as well as sanctions for not doing so. The charge of spoliation covers destroying pertinent data on purpose after a subpoena or document request. Attorneys should advise clients to limit risk by putting in place and consistently following a document-disposal policy. This would be an argument against the inference of wilful intent. Routine electronic document retention periods should probably be quite brief but careful attention should be paid to back-up.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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E-mail: the smoking gun of the future; as paper-based data go by the wayside, counsel must be prepared to collect, produce and review electronic evidence
Article Abstract:
The growing importance of electronic mail evidence, the need to collect such evidence carefully to ensure admissibility by showing authenticity and chain of custody, and the proper strategy for managing large amounts of data, are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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