Jeffrey Schlossberg

Jeffrey Schlossberg

Jackson Lewis P.C.

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Employer Denied Access to Employee GPS Data

A federal district court in Indiana recently denied an employer’s motion to compel discovery of employee GPS data in defense of an action brought under the Fair Labor Standards Act (FLSA). Crabtree v. Angie’s List,...more

3/14/2017 - Corporate Counsel FLSA Over-Time Unpaid Overtime Wage and Hour

Eleventh Circuit Upholds Company Claims Against Former Executive For Unlawful Access to Email

A terminated executive who accessed co-worker emails in the process of reporting possible company wrongdoing lost his appeal on several grounds. In Brown Jordan Intl, Inc. v. Carmicle, the Eleventh Circuit found that the...more

3/9/2017 - Computer Fraud and Abuse Act (CFAA) Corporate Counsel Data Security Former Employee Stored Communications Act Unauthorized Access

FTC Settles Claim of False Representations by Digital Advertising Company

The Federal Trade Commission (“FTC”) has entered into a Consent Order to resolve a complaint brought against a digital advertising company, Turn Inc. Turn provided advertisers with the ability to engage in targeted...more

12/30/2016 - Advertising Consent Order Disclosure Requirements Enforcement Actions FTC Misrepresentation

Claim For Violation of Wiretap Act Not A Slam Dunk under Spokeo

A motion to dismiss has been filed in a California case filed by a New York woman who claims that the National Basketball Association’s Golden State Warriors violated the Electronic Communications Privacy Act (the “Wiretap...more

12/12/2016 - Electronic Communications Injury-in-Fact Mobile Apps Motion to Dismiss Spokeo v Robins Wiretap Act

FCC Adopts New Privacy Rules

Late last month, the Federal Communications Commission adopted new privacy rules for broadband Internet service providers (ISPs). We first discussed this topic in March when the proposal was introduced by the FCC Chairman...more

11/7/2016 - FCC Internet Privacy Internet Service Providers (ISPs) New Regulations Privacy Policy

Sharing of Passwords Under Certain Circumstances Unlawful

Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July...more

8/23/2016 - Computer Fraud and Abuse Act (CFAA) Criminal Prosecution Employment Policies Former Employee Korn/Ferry Passwords Popular

Pokémon GO – Next Stop: Regulation & Litigation

As everyone is aware, the Pokémon GO craze has taken the world by storm in the past month. Reports estimate there have been over 75 million downloads of the digital game since the program became available on July 6. Apple...more

8/1/2016 - Data Collection FTC Geolocation Mobile Apps Pokemon Privacy Policy Terms of Use

Illinois Enacts Amendments to the Personal Information Protection Act

Last month, Illinois Governor Bruce Rauner signed into law a number of amendments to the State’s Personal Information Protection Act (“PIPA”) that expand the definition of protected personal information and increase certain...more

6/8/2016 - HIPAA HITECH New Regulations Personally Identifiable Information State Data Breach Notification Statutes

EEOC Files Suit Targeting Employment Application “Health History”

On March 22, 2016, the Equal Employment Opportunity Commission (“EEOC”) filed suit in the United States District Court for the Western District of Missouri against Grisham Farm Products, Inc. alleging that its employment...more

4/6/2016 - ADA Disability Discrimination EEOC GINA Hiring & Firing Job Applicants Medical History

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