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Failure to Send Pre-Adverse Action Notice Sinks Defendant’s Summary Judgment Motion

Miller v. Johnson & Johnson, Janssen Pharmaceuticals, and Yale Associates, Inc., 2015 U.S. Dist. LEXIS 4448 (M.D. Fl. Jan. 14, 2015) Facts: In May 2011, Plaintiff applied for employment with Johnson & Johnson and Janssen Pharmaceuticals (collectively “J&J”) and received an offer of employment on June 28, 2011. That offer was contingent on Plaintiff’s successful Read More…

President Obama Issues CyberSecurity Information Sharing Executive Order

On February 13, 2015, President Obama signed an executive order encouraging the sharing of information related to cyber-threats between the private  and public sectors. The Order instructs the Department of Homeland Security (DHS) to “strongly” urge private companies, as well as nonprofit groups, to voluntarily form Information Sharing and Analysis Organizations (ISAOs)  to share details Read More…

District Court Permits a CRA’s Impleader of Plaintiff’s Son in a “Family Fraud” FCRA Lawsuit

Anthony v. Equifax Info. Servs., LLC, 2015 U.S. Dist. LEXIS 14110 (E.D. Ca. Feb. 5, 2015). Facts: In March 2012, Robert James Anthony (“Plaintiff”) obtained a copy of his credit report and discovered credit card accounts he believed belonged to his son, Robert John Anthony (“Robert”). Plaintiff initially contended that Equifax mixed his credit file Read More…

How to Get (or Avoid) Direct Access to ESI in Discovery

As electronically stored information (ESI) has become central to discovery in many (if not most) cases, litigants often doubt that their opponents can be trusted to thoroughly search their ESI for relevant data. This frequently results in requests for the other side’s computers to be imaged and searched—an invasive and expensive undertaking. In 2009, the Read More…

Hard drive with Magnifying glass