Courts split over whether secretly recording conversations with a supervisor can be protected evidence-gathering activity under antidiscrimination laws

Article Abstract:

Courts differ on the legality of employee/plaintiffs in employment discrimination suits surreptitously recording conversations with supervisors as evidence. The legal issue is whether Title VII of the 1964 Civil Rights Act covers this conduct, as this title prohibits retaliation against the employee for participating in investigation of his claims. The United States Court of Appeals for the 2d Circuit ruled in Heller v. Champion International Corp that such recording can be protected, while other federal court cases reach different conclusions. Various cases are covered.

Evidence, Demonstrative, Testimony, Demonstrative evidence, Employment discrimination

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Enlarged RICO threatens right of free speech

Article Abstract:

Drafters of RICO did not want its civil and criminal sanctions used against social demonstrations and even the ACLU filed a statement with the Judiciary Committee praising the drafters for narrowing the law so that it posed no threat to the First Amendment. In 1994, however, NOW v. Sheidler filed suit under RICO and claimed that a nonviolent protest before an abortion clinic should be equated with extortion. The Supreme Court held that RICO applied beyond economically motivated conduct, but left until later rulings the First Amendment and the scope of 'extortion.'

Usage, Freedom of speech, Civil RICO actions

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Circuits split over implied right

Article Abstract:

The federal circuits are split as to whether defendants have an implied right of contribution in Section 10b-5 securities fraud cases, and the Supreme Court will attempt to resolve the issue by mid-1993 with its decision in Employers Insurance of Wausau v Musick, Peeler and Garrett. Until the decision is handed down, defendants in jurisdictions not enforcing contribution may want to settle cases and avoid future liability or obtain a 'bar order' to impose finality.

Analysis, Remedies, Securities fraud, Contribution (Law)

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