Labor & Employment Communications & Media Privacy

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Top 5 Legal Issues You Need to Consider When Implementing an Enterprise Social Network

The clue is in the names – Jive, Chatter, Yammer. Enterprise social networks (ESNs) are designed to help employees communicate and share information and ideas. ESNs have been around for a number of years, but are becoming...more

How to Mitigate Compliance Risks with BYOD - EndNotes February 2015

I?f you have ever left your mobile phone on an airplane, in a restaurant or somewhere other than in your possession, you know it’s frightening enough to think of losing the device itself, which costs a premium, as well as...more

Who’s your role model for EU privacy notices? The latest Google Undertaking

When small and mid-size companies start expanding their apps or web presence into Europe, they need to start thinking about EU data protection laws. It’s tempting to take a look at what one or two of the “big guys” do about...more

NIST Releases Guidelines for Vetting the Security of Mobile Applications Used by Businesses and Their Employees

Companies and their employees are increasingly using mobile devices and mobile applications (apps) to improve connectivity, communication and productivity. Unfortunately, these same companies may be unintentionally exposing...more

Amendments to Illinois Eavesdropping Statute Signed Into Law

On December 30, 2014, former Illinois Governor Pat Quinn signed into law a revised version of an eavesdropping statute that the Illinois Supreme Court had struck down as unconstitutionally overbroad last March. Under the...more

Sacking UK Employee for Inappropriate Tweets May be a “Fair” Dismissal Under UK Law

In the recent case of Game Retail Limited v Laws, the UK Employment Appeal Tribunal (or “EAT“) considered the fairness of an employee’s dismissal for offensive tweets. This is the first time this issue has been considered at...more

Cybersecurity in the Workplace: Obama's Proposals and More

In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more

It’s Data Privacy Day 2015

Use the Opportunity - Data Privacy Day is another opportunity to push out a note to employees regarding their own privacy and security — and how that can help the company. Emails with articles and reminders are...more

Facebooker–Good Citizen or Fired?

Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and...more

Business Law Newsletter - January 2015

In This Issue: - FirstPay Decision: IRS Bests Trustee in Local Tax Case - Privacy Policies for Mobile Apps: One Size Does Not Fit All - Trademark Fees are Decreasing - Excerpt from Trademark Fees are...more

In with the New: 2015 Privacy, Advertising and Digital Media Predictions – Part II

More predictions about privacy, advertising and digital media trends making headlines in 2015 from Of Digital Interest editor Bridget O’Connell and predictions from our London office by Rob Lister...more

Employee Class Actions Mounting against Sony after “The Interview” Hacking Attack

Since December 15, 2014, six putative class actions have been filed against Sony Pictures Entertainment, Inc., asserting claims by current and former employees whose personal information was allegedly stolen during the...more

Tennessee’s New Social Media Law Gives Employers Dos and Don’ts Regarding Employee Privacy

All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites,...more

Bernstein Shur Business and Commercial Litigation Newsletter #47

We are pleased to present the 47th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a case that addresses claims against Facebook based on the U.S. Wiretap Act, a case...more

Employer Wins Dismissal of Federal Claims for Wiping Data from Terminated Employee’s Smart Phone

In one of the first reported cases of its kind, a federal district court in Texas recently dismissed federal claims brought under the Electronic Communications Privacy Act (“ECPA”) and the Consumer Fraud & Abuse Act (“CFAA”)...more

ITALY: More liberal approach on monitoring of employees

It is possible to collect location data relating to employees through smartphone Apps if used in order to optimize the usage of resources and improve their management, coordination and timing provided that this practice...more

Privacy Tuesday – November 2014 – Five Things to Start Your Week

Welcome to Privacy Tuesday – here are five privacy & security bits and bytes to start your week: 1) California AG’s Data Breach Report: Who Is Handling Your Patients’ Confidential Health Information? - The...more

iSpy: Tracking Employees with GPS Technology on Mobile Devices

More than 90 percent of the 322 million cellular phones in use in the United States contain global positioning system (GPS) tracking devices that allow wireless carriers to obtain continuous, highly accurate information...more

Lawsuit against LinkedIn Latest in Battle over Use of Big Data in Employment

Following up on a topic discussed recently in this space, a class action filed last month against LinkedIn represents just the latest development in the burgeoning battle over defining the permissible and impermissible uses...more

Northern District of Illinois Declines To Restrict Defense Counsel’s Communications With Putative Class Members

The Northern District of Illinois refused to restrict a defense counsel’s communications with putative class members, reasoning that the communications were not misleading or coercive. The case arose when a “romantic...more

Businesses Encouraged to Adopt Social Media Policies

Many business owners, particularly those with a limited marketing budget or no marketing plan, view access to social media as free marketing. What could be better? Ask paid employees to get out the “buzz” as an assignment....more

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

Oklahoma to Prohibit Employer Access to Private Social Media

On November 1, 2014, Oklahoma will join a number of other jurisdictions that prohibit employers from gaining access to passwords to employee or applicant social media accounts or from viewing non-public information maintained...more

Social Media Password Protection: Where are we now?

In just two years, social media password protection has gone from a privacy advocate’s dream to an employer’s harsh reality in many states. Maryland became the first state (in 2012) to enact legislation that prevented...more

2014 Louisiana Legislative Update

The Louisiana 2014 Regular Legislative Session closed on June 9, 2014. In the subsequent weeks, Governor Bobby Jindal signed into law several bills that affect employers. These new laws, which are summarized below, became...more

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