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

Baker & McKenzie: Pharmaceuticals & Healthcare Asia Pacific Newsletter - 1st Quarter 2012

by Baker & McKenzie Australia on 5/16/2012

Four Rules for Interacting with Healthcare Professionals in the Asia Pacific Facing legal sanctions and cultural gaffes is a reality when dealing with healthcare professionals in the Asia Pacific. In this...more

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

Good Company - Spring 2012

by Sheehan Phinney Bass + Green PA on 5/8/2012

In This Issue: - Keeping Track of Your Employees: Use of Electronic Monitoring May Be an Invasion of Privacy: Employers who use location-tracking devices such as a Global Positioning System (GPS) or smartphone may...more

Benefits Update - May 2012: HHS Begins HIPAA Privacy and Security Audits

by Fisher & Phillips LLP on 5/7/2012

As you may recall, the HITECH Act required Health and Human Services (HHS), the federal agency in charge of administering HIPAA, to affirmatively conduct periodic audits to ensure that covered entities and business associates...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

Benefits Update - May 2012, No. 2

by Fisher & Phillips LLP on 5/1/2012

In This Issue: - Guidance On MLR Rebates For Insured Plans By Callan Carter (San Francisco) One of the provisions in the recent healthcare reform law is the medical loss ratio (MLR) that requires insurance...more

What is Unauthorized Access Under the CFAA? Lessons Learned from United States v. Nosal

by Kilpatrick Townsend on 4/25/2012

On April 10, 2012, the Ninth Circuit en banc decision in United States v. Nosal was published, resolving the question of how a person “exceeds authorized access” under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §...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

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

Ninth Circuit Holds That Computer Fraud and Abuse Act Does Not Apply to Use of Information Obtained through Authorized Access

by Wilson Sonsini Goodrich & Rosati on 4/18/2012

In an opinion with significant implications for trade secret law, employee mobility, privacy, and Internet users broadly, the Ninth Circuit Court of Appeals on April 10 issued its decision in United States v. Nosal. Writing...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

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Labor & Employment Law – May 24, 2012

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