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'Stop, Drop and Roll'
Since the Supreme Court's decision in McKennon v. Nashville Banner Publ. Co. 513 U.S. 352 (1995), authorizing employers to contest back pay and front pay/reinstatement remedies if they acquire evidence during discovery that would have led to the plaintiff's termination irrespective of the disputed reason, employers have expanded the reach of their discovery efforts. The purpose: Find anything in the employee's background that the employer can argue would have led to the employee's termination anyway, thereby precluding the potentially costly remedies of back pay and front pay/reinstatement per the McKennon decision. This article posits some possible countermeasures for plaintiffs to employ in combating the “after-acquired evidence” defense.
The McKennon Holding
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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Bankruptcy Sales: Finding a Diamond In the Rough
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Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.