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New York Court Of Appeal Rules: Laboratory Suable For False Positive Test Results

Last Thursday, the New York Court of Appeals ruled in a 4-3 decision that a man may bring a negligence claim against a drug testing company for a false positive drug test. At the time of the disputed test results, Eric...more

Use Good Sense to Avoid Making Bad Law

Lawyers often say that bad facts lead to bad law. Cases with outrageous fact patterns can drive a judge or jury to stretch the law and make outcome-based decisions in order to provide relief to a sympathetic party. Lawyers...more

Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.

In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm). At that time, the United States...more

Employees Have a Reasonable Expectation of Privacy in Work Computers: Supreme Court of Canada

In R. v. Cole, 2012 SCC 53 (October 19, 2012), the Supreme Court of Canada held that employees may reasonably expect privacy in the information stored on their work-issued computers — at least where personal use is permitted...more

A Multidisciplinary Approach To Trade Secret Protection in the Digital Age

Law and Business Between James Bond’s brand of espionage and the emotional reaction when someone trained and trusted leaves and goes to work in competition lie most fact situations that give rise to trade secret...more

Computer Fraud & Abuse Act: Eleventh Circuit Finds Employer’s Policy Defines Limits of Employee's Authorized Access

Time and time again, this blog has outlined the ongoing debate in the courts over whether the federal Computer Fraud & Abuse Act (“CFAA”) applies in the context of departing employees. Namely, federal courts differ over...more

Court Refuses to Dismiss Tort and Defamation Claims Against Authors and Publisher of Book About Cryonics Organization

On October 29, 2010, Justice James A. Yates refused to dismiss tort and defamation claims, among other claims, against the authors and the publisher of a book about Alcor Life Extension Foundation, Inc. (“Alcor”). Alcor Life...more

Socially Aware: The Social Media Law Update - Vol. 1, Issue 4 - October 2010

In This Issue: 2 Facebook Sued for Unauthorized Use of Minors’ Names and Likenesses; 2 YouTube Faces Damages and Injunction in Germany for Infringing User Uploads; 3 California Criminalizes Malicious Online Impersonation; 3...more

New System to Prevent Construction Site Trench & Soil Collapses

Geotechnical engineers at Loughborough University in England are working on a new way to prevent catastrophic soil collapses on construction sites as well as landslides that occur naturally but without warning. The sound...more

Distracted Driving Policies: Improve Safety and Limit Exposure

In this age of instant information gratification, it is easy to forget that the multitude of electronic devices we use for communication and entertainment (cell phones, mp3 players, and other multimedia devices) can have a...more

The New 9 to 5: Work in the iPhone Age

Ever-increasing connectivity has blurred the distinction between personal time and company time. Electronic communication has become routine at work and at home. For some it is now required. Employment and tort law have not...more

Discovering Unburied Treasure on Social Networking Web Sites

Article discusses discoverability of information posted on social networking web sites, including Facebook and MySpace, and analyzes how discovery disputes and potential admissibility at trial of this information may be...more

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