December 2006

Joseph A. Starr and Jason M. Shinn Co-Author an Article for State Bar's Labor and Employment Law Notes Publication

Bloomfield Hills, Michigan – Joseph A. Starr, a principal at Lipson, Neilson, Cole, Seltzer & Garin, and an employment law specialist, and Jason M. Shinn, an associate with LNCS&G, recently co-authored an article that appeared in the Fall 2006 edition of the State Bar of Michigan’s Labor and Employment Lawnotes. The article, titled “Employees Beware: The CFAA Provides Employers with a Cause of Action Against Employees Who Destroy Company Digital Data,” describes how the Computer Fraud and Abuse Act (CFAA) may apply to employment litigation. The article goes on to explain the need for employers to develop written policies and “the types of files and information that must be returned to the employer upon termination of the relationship and an exit program to enforce this case.,,, Proactive planning is essential for an employer to obtain the necessary evidence to prove suspected wrongdoing.”

Joseph A. Starr is a principal with Lipson, Neilson, Cole, Seltzer & Garin, P.C., specializing in the defense of Professional Liability (Employment Practices, Attorneys, Architects & Engineers, Accountants, Directors & Officers, Insurance Agents / Brokers and Real Estate Brokers) claims, commercial litigation and insurance coverage disputes. Mr. Starr regularly counsels businesses with regard to workplace violence, unemployment claims, OSHA investigations, EEOC/Michigan Department of Civil Rights charges and Department of Labor wage and hour disputes. Mr. Starr is rated an "A-V" attorney by Martindale-Hubbell and is listed in Best's Directory of Recommended Insurance Attorneys. Joseph A. Starr was also a featured speaker at the State Bar of Michigan Labor and Employment Law Section’s annual meeting, held during the State Bar’s annual meeting in September 2006. Mr. Starr addressed “Employment Practices Liability Insurance: What Every Employment Lawyer Should Know.” Mr. Starr also served as a panelist at the Professional Liability Underwriting Society – Employment Practices & Fiduciary Liability Symposium in April 2006. Mr. Starr spoke on the topic entitled: “Avoiding Potential Conflicts of Interest between Insureds and Defense Counsel.”

Mr. Starr is an active member of the legal community. He is a member of the American Bar Association, the State Bar of Michigan, the Oakland County Bar Association, the Defense Research Institute and the Professional Liability Underwriters Society.

Jason M. Shinn is an associate with Lipson, Neilson, Cole, Seltzer & Garin, P.C., and concentrates his practice on issues involving business torts, real estate and construction litigation, professional liability defense, employment practices defense and trade secret litigation. Mr. Shinn also has extensive experience addressing issues concerning electronic data that arise in all litigation, including forensic examinations of hard drives, email, and minimizing spoliation risks of electronic data.

Mr. Shinn lectures extensively on electronic discovery, including presenting at the 2004 Ohio Judicial Conference, which was attended by more than a hundred judges. Additional lecture topics include trade secret protection and employment discrimination, hiring procedures, and sexual harassment.

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