Labor & Employment Law | JD Supra Legal News, Updates, Analysis, & Information

The “Bring Your Own Device” To Work Movement: Engineering Practical Employment and Labor Law Compliance Solutions - May 2012

by Littler on 5/11/2012

Introduction Two different, but interrelated, phenomena have been occurring over the last decade that are radically reshaping the work environment at many companies. The first is commonly referred to as the...more

SNOPA - Preventing Employer and University Access to Social Media Passwords

by Tyson B. Snow on 5/10/2012

A new bill introduced in the United States House of Representatives would make it illegal for employers to require applicants and employees to turn over their social media passwords. The bill, styled: Social Networking...more

Expert Guide -- Labour & Employment Law: Negotiating U.S. Executive Employment Agreements

by Thompson Coburn LLP on 5/3/2012

Originally published in www.corporatelivewire.com, Expert Guide - Labour & Employment Law - April 2012. While few U.S. employees have employment agreements, they are often necessary for recruiting and retaining key...more

Governor O'Malley Signs Maryland Law Prohibiting Employers From Seeking Access to Personal Social Media Information; Other States...

by Heather Pruger on 5/2/2012

On May 2, 2012, Governor O'Malley signed legislation making Maryland the first state to ban employers from requiring employees or job applicants to provide access to their personal social media and other Internet-based...more

The Second Circuit Reverses Conviction of Computer Programmer and Holds that Theft of Intellectual Property Is Not Necessarily...

by Pullman & Comley, LLC on 5/1/2012

Earlier this month, the U.S. Court of Appeals for the Second Circuit seemingly stripped federal prosecutors of the use of two statutes used to combat the theft of intellectual property, critical technologies and other...more

Facebook, Twitter and Employment Law

by Abrams Fensterman Fensterman Eisman Formato... on 4/30/2012

What do Facebook, Twitter and Employment Law have in common? The answer is that these types of social media are raising new issues for employers and employees alike. No one could miss the headlines castigating employers...more

Lock Down Your IP From Employee Theft Texas-Style: Non-Competes and Business Secrets

by Alan Bush on 4/26/2012

Businesses flock to Texas for many reasons. One reason: the strong tools available here to protect your intellectual property, or "IP," from employee theft. Patent and copyright are fundamental, but what about IP that...more

Is Computer Fraud and Abuse Act for Hackers Only? Ninth Circuit Says Yes, and Supreme Court May Have to Make Final Call

by Constangy, Brooks & Smith, LLP on 4/23/2012

Employers looking to hold employees liable for misappropriation of trade secrets or violations of company computer policies under the Computer Fraud and Abuse Act may have to find another avenue for relief. At least that's...more

Do Your Social Media Accounts Belong To Your Business? Why Worry When There Are Safeguards You Can Take Now

by Michelle Sherman on 4/20/2012

The world is closely watching a federal case in the Northern District of California where a mobile news and reviews resource company, Phonedog, is suing a former employee Noah Kravitz (or independent contractor, depending on...more

The Ninth Circuit Weighs In on the Scope of Liability Under the CFAA

by K&L Gates LLP on 4/18/2012

On April 10, 2012, the United States Court of Appeals for the Ninth Circuit issued its decision en banc in United States of America v. David Nosal, rejecting the notion that employees who breach their employers’ computer use...more

Former Employee Cannot Be Charged Criminally For Violating Company Computer Policy

by Proskauer - California Employment Law on 4/17/2012

On April 10, 2012, the Ninth Circuit filed its opinion in United States v. Nosal, holding that a former employee cannot be held criminally liable under federal law for receiving confidential company data and information from...more

United States v. Nosal No. 10-10038 (9th Cir. April 10, 2012)

by McKenna Long & Aldridge LLP on 4/17/2012

On April 10, 2012, an en banc panel of the Ninth Circuit Court of Appeals limited the application of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, to violations of restrictions in accessing information, i.e....more

Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First...

by Proskauer - New Media & Technology on 4/16/2012

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the...more

Noncompete News: Ninth Circuit Holds Employee Data Theft is Not Punishable Under the CFAA After All

by Ford & Harrison LLP on 4/16/2012

Executive Summary: In its much anticipated en banc decision, the Ninth Circuit refused to extend the Computer Fraud and Abuse Act ("CFAA") to employee data theft in United States v. Nosal. The Court declined to "transform the...more

En Banc Ninth Circuit Decision Could Send CFAA to Supreme Court for Review

by Lewis and Roca LLP on 4/16/2012

Employers and website hosts cannot, by contractually limiting how individuals may use information stored on their networks, define acceptable limits of access ‘‘authorization’’ under the Computer Fraud and Abuse Act, the U.S....more

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Labor & Employment Law – May 23, 2012

Narrowed by: Intellectual Property