Labor & Employment Science, Computers & Technology Administrative Agency

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Federal Appeals Court Rejects False Claims Act Suit Based on Drug Packaging cGMP Violations

Last Friday, the U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of a False Claims Act (“FCA”) case brought against Omnicare. United States ex rel. Rostholder v. Omnicare, Inc., No. 12-2431, 2014 WL 661351...more

Structuring Compensation Programs – Interview with David Lagasse, Member, Mintz Levin [Video]

Attorney David Lagasse, Member of Mintz Levin's Employment, Labor & Benefits Practice, talks about potential pitfalls that start-ups should be aware of when designing their compensation programs....more

Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin [Video]

Mitch Danzig, Member of Mintz Levin's Employment, Labor & Benefits Practice, discusses the importance of having a social media policy that is structured in accordance with the recent NLRB rulings. ...more

Legislative Update Report - Apr 12, 2013

Federal Government Regulations: Canada Gazette, Part II, March 27, 2013: Contraventions Act - SOR/2013-41 Regulations Amending the Application of Provincial Laws Regulations. Farm Products...more

Random Border Searches of Electronic Devices - Is an End in Sight?

Since 2008, if you or your employees are traveling into the United States with a laptop, tablet or other electronic device, that device may be searched by border crossing agents, without cause or justification for suspicion....more

Second of a series: Privacy and Security Issues for 2013

Our series over the next 10 days will highlight the top issues, as we see them, in privacy and security for 2013. Yesterday, we looked at the increase in cybcersecurity disclosure by public companies, triggered by the...more

Fifth Circuit Holds Data On Personal Cell Phone Not Protected By Stored Communications Act

On December 12, the U.S. Court of Appeals for the Fifth Circuit held that the Stored Communications Act (SCA) does not apply to data stored in a personal cell phone and affirmed a district court’s grant of summary judgment to...more

Integrating Employees’ Smart Devices Into the Workplace

Originally published in The New York Law Journal on December 10, 2012. Companies are increasingly permitting employees to BYOD, or bring (and use) their own smart devices. Being able to use the latest, fastest,...more

Noncompete News: Former Employee Can't Sue Employer Under Computer Fraud and Abuse Act Over The Ownership Of Employee's Social...

Executive Summary: A District Court in Pennsylvania entered judgment in favor of the employer on a former employee's Computer Fraud and Abuse Act ("CFAA") claim in a dispute over the ownership of the employee's LinkedIn...more

Salary Requirement for California Computer Professionals to Increase to $83,132.93 on January 1, 2013

Today, the Director’s Office of Policy, Research, and Legislation (OPRL) at the California Department of Industrial Relations (DIR) announced that the minimum compensation required to qualify for the state's...more

Analysts’ Financial Disclosures on Facebook Lead to Fine and Termination

In my talks about technology, one of the things I try to emphasize is that there is no “one size fits all” to your social media and technology policy. As an example, I often talk about how financial industries have...more

UK Information Commissioner issues guidance on deleting personal data and the use of cloud computing

The UK Data Protection Act 1998 (“DPA”) imposes various restrictions on “data controllers”, such as employers, when “processing” personal data relating to individuals. In particular, employers must comply with eight data...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

Drawing the Line Online: Employers’ Rights to Employees’ Social Media Accounts

With the unprecedented popularity of social media, employees have increasingly used LinkedIn and other online forums to network for business and social purposes. When the line between personal and business use is blurred,...more

Another Social Media Battleground: Employee LinkedIn Accounts - "It's Mine" - "No It's Not"

In PhoneDog v. Kravitz, an employer and former employee battled over who owns a company-sponsored Twitter account. Now, LinkedIn joins Twitter, as it tries to claim title to the LinkedIn account of a former employee....more

What rights do employers have over employees’ social media accounts in light of LinkedIn/CFAA ruling?

Earlier this month, a federal judge ruled that when a company took over a departing employee’s LinkedIn account, the company did not violate the Computer Fraud and Abuse Act in the case of Eagle v. Edcomm....more

Circuit Split: How Does the CFAA Apply to Employment Cases?

Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against the rogue employee?...more

Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy

The NLRB has received a lot of attention for its actions the last couple years. One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings. More to the point, employers were...more

A Widening Circuit Split in the Interpretation of the Computer Fraud and Abuse Act

Introduction - The Computer Fraud and Abuse Act (CFAA) criminalizes unauthorized access to a private computer system and allows for individuals suffering harm from such conduct to bring private civil actions for relief....more

ICO Guidance on Deleting Personal Data Under the Data Protection Act

New guidance defines when electronically held personal data is "beyond use" once deleted. As part of its mission to assist companies to understand and fulfil their obligations under the UK's Data Protection Act 1998...more

You Cannot Use the CFAA to Rein in Rogue Employees

Employers in North Carolina, Virginia, Maryland, West Virginia and South Carolina have lost a potentially powerful method of protecting their electronic secrets from disgruntled employees who download sensitive material and...more

Computer Abuse and Use: How Protected Are You?

If your company policies don’t adequately define employee parameters of computer access as well as usage, then your company may find itself losing to disgruntled employees who take or misuse company data. Several cases...more

Employment Litigation in Review #6 (The Summer 2012 Edition)

In This Issue: - U.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt from Overtime Pay - USCIS Announces Employers Must Continue to Use the Current Form I-9 for Employment Eligibility...more

TO THE DEFENSE: U.S. Supreme Court gives employers two interesting defenses in FLSA cases

The United States Supreme Court has recently armed employers with two new defenses while settling an issue that may otherwise have been of fairly limited direct interest to most employers. The Court resolved a recent circuit...more

Fourth Circuit Joins Courts Limiting Employers' Use of the Computer Fraud and Abuse Act to Prosecute Disloyal Employees

The federal Computer Fraud and Abuse Act (CFAA) allows an employer to bring a civil action against an employee who accesses the employer's computers "without authorization" or in a manner that "exceeds authorized access."...more

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