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Common Evidentiary Issues in Discrimination Litigation
In this fast-paced program, esteemed employment defense attorney Tracey A. Kennedy of Sheppard Mullin and renowned plaintiff employment lawyer Erin M. Pulaski of Rudy, Exelrod, Zieff & Lowe will offer valuable insights and practical tips about how employment litigators should handle the peskiest and re-occurring evidentiary issues that arise during employment discrimination cases. Moderated by Andrew H. Friedman of Helmer Friedman LLP, Tracey and Erin will discuss “Me Too” evidence – what is it, how does the plaintiff employment attorney discover it, and how does the employment defense attorney prevent the plaintiff employment attorney from discovering (i.e., using “relevance,”“not reasonably calculated,” right to privacy, and confidentiality provision arguments). The speakers will also talk not only about the discovery of social media posts and the role of privacy but also discovery of other electronic communications (including text messages, telephone calls, and the contents of hard-drives). Tracey and Erin will debate the scope of the defense mental examinations (or, as Tracey will call it – independent mental examinations). Finally, the speakers will also discuss whether questions about immigration status are ever permissible.
1.5 Participatory MCLE Credits
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