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Labor & Employment Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Court Of Appeal Provides Further Guidance For Data Controllers On Handling Subject Access Requests

by Dentons on

In the first April edition of our employment law round-up we considered the Court of Appeal's decision in Dawson–Damer v. Taylor Wessing LLP [2017] EWCA Civ 74, which (amongst other things) concerned the relevance of an...more

Security Breach Notification Becomes More Complex For Employers

by Littler on

With new and sophisticated schemes perpetrated by hackers and scammers, and sensitive personal information becoming increasingly accessible to numerous insiders, it is only a matter of time before most employers will be...more

Defending Against Social Engineering Attacks

by Fisher Phillips on

The term “social engineering” used to conjure up images of social scientists with Ph.D’s brainstorming ways to improve race relations or provide lower income groups with greater access to education and employment...more

Plaintiffs’ Counsel Garner $15 Million Attorneys’ Fee Award For Largest TCPA Settlement In History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In what is being billed as the “largest and strongest TCPA settlement in history,” Judge Kennelly of the U.S. District Court for the Northern District of Illinois recently granted Plaintiffs’ counsel a...more

What Retirement Plan Sponsors and Employers Need to Know About Cybersecurity Risk and Liabilities

by Winstead PC on

Many employers historically were only concerned with privacy and security for health plans under the Health Insurance Portability and Accountability Act (HIPAA)1 and state laws; however, there are other references to...more

Employment Law Navigator – Week in Review: April 2017

by Zelle LLP on

There was a lot of discrimination law action last week, including the announcement of a $12 million settlement to be paid by Texas Roadhouse. The EEOC brought an age discrimination suit against the Louisville, Kentucky-based...more

Employer Defeats Novel TCPA Class Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a first-of-its kind ruling, an employer recently secured the dismissal with prejudice of what is believed to be one of the first Telephone Consumer Protection Act class actions ever brought against a...more

Workplace Investigations and Privacy of Electronic Communications

by PretiFlaherty on

The situation is common enough: an employee is alleged to have engaged in misconduct and, as part of its investigation, the employer decides to search the employee’s company-issued computer for any relevant documents and...more

California Supreme Court: Government Communications on Private Accounts Are Public

by Latham & Watkins LLP on

Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency. Key Points: ..California Supreme Court rules that emails and text messages sent...more

Federal Computer Hacking Laws Apply to Executive's Unauthorized Access to Coworkers' Emails

The federal Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) were enacted to protect U.S. businesses and individuals from computer hacking and industrial espionage. In recent years, employers and...more

California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

by Allen Matkins on

The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones...more

It's W-2 Phishing Season: How to Stop, and Respond to, Tax-Related Identity Fraud Aimed at Your Organization's Employees

by Littler on

HR and payroll professionals nationwide have been, and will continue to be, targeted with e-mails apparently sent by a senior executive but actually sent by scammers who ask for a prompt reply with the 2016 W-2s for all of...more

Is a Private Email a Public Record? Context Matters!

by Best Best & Krieger LLP on

In deciding last week that communications on public agency employees’ private devices may be subject to disclosure under the Public Records Act, the California Supreme Court included some direction to help make the...more

Phishing Scams Targeting HR and Payroll Are on the Rise this Tax Season

by Fox Rothschild LLP on

It starts with an e-mail from upper management asking for employee data or payroll records. Wanting to demonstrate that he’s diligent and responsive, a well-meaning HR or payroll person promptly sends off the requested...more

Monitoring Employees’ Email and Internet Use Raises Legal Considerations

by Bryan Cave on

Retailers should be aware that federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and...more

W2 Phishing Scam Hits Citizens Memorial Hospital

We continue to see all industries hit with W2 phishing scams, including the health care industry. Citizens Memorial Hospital, located in Bolivar, Missouri, was hit with the scam when one of its employees believed that an...more

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

Hong Kong Email Wire Fraud Epidemic - How to retrieve funds and prevent wire fraud

by Dorsey & Whitney LLP on

Over the Lunar New Year period, we observed a spate of email wire frauds (or ‘business email scams’) which involve funds being wired internationally to bank accounts in Hong Kong. The amounts transferred vary from a few...more

IRS Issues Warning of “Dangerous W2 Phishing Scam”

We always see a surge in W2 email phishing schemes this time of year, as it is tax time, and many individuals are filing their tax returns in order to get a quick refund. So are criminals and cyber-hackers. ...more

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

by Taylor English Duma LLP on

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

Data Privacy and Security: A Practical Guide for In-House Counsel, 2017 Edition

by Bryan Cave on

Boulder Partner David Zetoony published the 2017 edition of his handbook, Data Privacy and Security: A Practical Guide for In-House Counsel, on Jan. 28 – Data Privacy Day. The guide provides an overview of laws relevant to a...more

2016 was the Year of the Data Breach

Although every year we lament about the significance of data breaches in the past year, 2016 was by far the worst. Data breaches were rampant, victimizing every industry and numbing consumers in the process. It was so bad...more

Privacy Tip #66 - False IRS Phone Scams Defraud Victims of More than $50 Million

We have previously warned consumers about IRS phone scams that defraud consumers. Basically, the fraudsters call unsuspecting victims over the telephone impersonating an IRS official, and intimidate the recipient of the...more

Police Arrest Videos Not Considered Confidential

by Best Best & Krieger LLP on

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

New Privacy Developments in France

DataGuidance spoke with Cécile Martin, Special International Counsel at Proskauer Rose LLP, at the International Association of Privacy Professionals’ Conference in Brussels in November 2016. Ce´cile discussed the passing of...more

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