Labor & Employment Civil Procedure Privacy

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Tenth Circuit Upholds Discharge of Employee in Safety-Sensitive Position Who Tested Positive for Cocaine

On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine...more

Beware What You Share – Disclosure of Medical Information Results in Retaliation and Interference Claims

A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee...more

Employer (Still) Has No Duty to Protect Confidential Information

The University of Pittsburgh Medical Center continues to get support from the court system in a data breach suit that affected more than 60,000 former and current employees, as Barley Snyder attorneys continue to follow the...more

Unauthorized Computer Access, Without Service Interruption, May Be Cause for Action

In a case of first impression, the Eleventh Circuit has held that an employer need not show an interruption of service to prove actionable harm under the Computer Fraud and Abuse Act (CFAA) and other federal laws. This is...more

Forensic Examination of Plaintiff’s Electronic Devices Disallowed Because It Was Not Proportional To The Needs of the Case

District Court Judge Jorge L. Alonso recently upheld Magistrate Judge Michael T. Mason’s ruling in a sex discrimination and hostile work environment case that forensic examination of a plaintiff’s electronic devices was not...more

Class Action Roundup: Fall 2016

In this edition of Class Action Roundup, we feature decisions from the third quarter of 2016, covering everything from pizza delivery and Uber drivers to payday lenders, canned tuna manufacturers, and even...more

BYOD – Another reasonable basis for discovery about discovery

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more

Insight: UK Employment Law Round-up – December 2016

Welcome to the December edition of our employment law round-up. In this edition, we couldn't fail to give you an update on the most important piece of constitutional litigation of our time, which has been heard by the Supreme...more

Retail and Consumer Products Law Roundup - December 2016

How Retailers Can Avoid Regulatory Scrutiny During Holiday Season - With the holiday season often accounting for one-third of a retailer’s annual sales, competition can be fierce. Tempting as it is to grab for every...more

Police Arrest Videos Not Considered Confidential

The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

Friend (or Foe) Requests: Using Social Media In Employment Litigation

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

Court Finds Airport Cannot Fly Under the Radar on Employee’s Email Privacy Claims

A federal district court in Virginia recently grounded an airport’s attempt to escape liability for accessing an employee’s email account. (Hoofnagle v. Smyth-Wythe Airport Commission.) The decision, which delivered a mixed...more

Courts Split on Standing Issues in FCRA Suits After Spokeo

On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with Fair Credit Reporting Act...more

Lyft Wins Background Check Class Action Claim

Apparently, even a “no decision” decision by the U.S. Supreme Court can still establish precedent. Relying on a Spring 2016 SCOTUS decision, a federal magistrate judge in California dismissed a proposed class action...more

Wearable Device Data: The Next Big Thing for Employment Litigation Cases

Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before...more

Court Dismisses Case Filed Under the Defend Trade Secrets Act

Earlier this year, we notified you about the passage of the Defend Trade Secrets Act of 2016 (DTSA) and how it affects employers. On August 8, 2016, a U. S. District Judge in the Southern District of Florida dismissed one of...more

Déjà Vu Not All Over Again: Ninth Circuit Strengthens CFAA In Nosal II

On July 5, 2016, the Ninth Circuit Court of Appeals issued its highly anticipated decision in the most recent chapter of United States v. Nosal, holding that an individual acts "without authorization" as used in the Computer...more

U.S. Court in Louisiana Remands Advance Stores Co. Data Breach Class Action to State Court

In a case with a familiar fact pattern, the United States District Court for the Eastern District of Louisiana refused to find that permitting Plaintiff to proceed in Louisiana state court was “futile” on Article III standing...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

Foliage, Frost, Frozen Ponds And The FOIA (Part Two): Can You See My Notes (And Calendar)?

For those who still cannot get enough after my latest post on the Freedom of Information Act [“FOIA”], here are more nuggets from the Freedom of Information Commission [“FOIC”]. Today, we focus on written notes and calendar...more

Help Yourself: Mass. Court Approves Employee’s Self-Help Discovery in Discrimination Case

The Massachusetts Supreme Court has ruled that an attorney’s search for confidential firm documents in an effort to prove a discrimination claim against her employer may constitute protected activity. The Court, in Verdrager...more

Clarifying Irving: Can an Alberta Employer Implement a Random Drug and Alcohol Testing Policy in a Safety Sensitive Workplace?

Despite a new decision on the issue from the Alberta Court of Queen’s Bench (the “Court”) on May 18, 2016, the answer to this question remains “maybe.” The Court has, however, provided us with a measure of clarity concerning...more

Right to Privacy in Disciplinary Proceedings

In Garamukanwa v Solent NHS Trust UKEAT/0245/15, the Employment Appeal Tribunal (EAT) considered whether an employee had a reasonable expectation of privacy in respect of material on his mobile phone during disciplinary...more

Supreme Court Punts On Issue Of "Standing" To Pursue Class Action Claims

Earlier this week, by a 6-2 vote, the Supreme Court issued a “no decision” decision on an issue important to employers facing class action litigation. The Court decided that the 9th Circuit Court of Appeals needed to review...more

Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May...more

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