Supreme Court Changes the Standard for Retaliation Claims

Often, it’s not the crime but the cover-up that will do you in. In some ways, that sentiment is applicable to retaliation claims for alleged discrimination in the workplace. Or at least it was, until the Supreme Court’s recent decision in University of Texas Southwestern Medical Center v. Nassar. Previously, an employer facing a discrimination suit was susceptible to a retaliation theory despite establishing legitimate reasons for the alleged discriminatory conduct (usually terminating or demoting the employee).  Specifically, so long as the plaintiff could …

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LinkedIn Escapes Cyber-Liability Exposure

In June 2012, the popular social networking website LinkedIn was hacked resulting in approximately 6.4 million passwords stolen from the website.  Within hours of the incident, the passwords were posted on the internet and were used to direct traffic to fraudulent websites.  The massive security breach also resulted in a class action lawsuit against “the world’s largest professional network” in the Northern District of California.  The plaintiff class alleged that LinkedIn failed to adequately and properly secure the personal information stored on its …

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