Faruki Blog

New Social Networking Statutes Address Some Problems and Raise Others

May an employee ask its job applicants for their Facebook passwords as part of the application process? This question raises serious privacy issues.. Read More

When Confronted with a Hearsay Analysis, Do Not Turn to the Hearsay Exceptions First

In an age where cases settle far more often than cases go to trial, it is important for litigators to keep their knowledge regarding evidentiary.. Read More

Apple’s Other iPhone Litigation Addresses Consumers ’ Right to Seek Damages for the Collection of Information about How They Use Their Smartphones

Apple Inc. (“Apple”) made headlines most recently for its $1.05 billion victory over Samsung in patent litigation in the U.S. District Court for the.. Read More

Court Rejects Preliminary Approval of Facebook Settlement – Is There a way to Navigate Mega-Sized Class Actions?

You may have heard that Facebook announced the settlement of a 70+ million member class action. The lawsuit alleged that Facebook acted inconsistent.. Read More

Incentive Payments and Adequacy Challenges -- Promises of Incentive Payments Can Create Conflicts of Interest Issues and Defeat Class Certification

When promises of incentive payments are made by class counsel (outside of the settlement context where the parties reach an agreement to make such a.. Read More

Supreme Court Update: When the Smart Money Is Split Between the Favorites, Bet on the Long Shot

That bit of horse-racing wisdom expressed on the TV show M*A*S*H (ironically, by the pious chaplain, Father Mulcahy) should have been heeded by the.. Read More

The Ohio Supreme Court Breaks with Other States and Limits the Reach of Successor Companies Seeking To Enforce Their Predecessors' Non-compete Agreements

Companies routinely require employees to sign non-compete agreements as a condition of employment. A non-compete agreement, also called a covenant.. Read More

The Ohio Supreme Court Limits Access to Personal Information

The May 10, 2012 decision in State ex rel. Cincinnati Enquirer v. Craig (Slip Opinion No. 2012-Ohio-1999) from the Ohio Supreme Court is the latest.. Read More

The Ohio Supreme Court Limits Access to Confidential and Privileged Information Maintained by a School District

In a 7-0 decision issued on November 29, 2011, the Ohio Supreme Court denied a writ of mandamus seeking to compel a school district to produce copies.. Read More

Controversial Guidance from EEOC Complicates Use of Criminal Background Reports

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) updated its Enforcement Guidance on the Consideration of Arrest and Conviction.. Read More
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