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California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones...more

W2 Phishing Scam Hits Citizens Memorial Hospital

We continue to see all industries hit with W2 phishing scams, including the health care industry. Citizens Memorial Hospital, located in Bolivar, Missouri, was hit with the scam when one of its employees believed that an...more

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

IRS Issues Warning of “Dangerous W2 Phishing Scam”

We always see a surge in W2 email phishing schemes this time of year, as it is tax time, and many individuals are filing their tax returns in order to get a quick refund. So are criminals and cyber-hackers. ...more

Your Daily Dose of Financial News

Snap Inc. filed its first public prospectus yesterday in advance of its fast-approaching offering date, playing up the strength of its ad revenue in just two short years as part of its pitch for big-time value....more

Data Privacy and Security: A Practical Guide for In-House Counsel, 2017 Edition

Boulder Partner David Zetoony published the 2017 edition of his handbook, Data Privacy and Security: A Practical Guide for In-House Counsel, on Jan. 28 – Data Privacy Day. The guide provides an overview of laws relevant to a...more

Intertwining allegations and information… the case of the misused password

In the case of Eiger Securities LLP v. Korshunova UKEAT/0149/16 the EAT considered what amounted to a protected disclosure when bringing a whistleblowing claim. ...more

2016 was the Year of the Data Breach

Although every year we lament about the significance of data breaches in the past year, 2016 was by far the worst. Data breaches were rampant, victimizing every industry and numbing consumers in the process. It was so bad...more

New Privacy Developments in France

DataGuidance spoke with Cécile Martin, Special International Counsel at Proskauer Rose LLP, at the International Association of Privacy Professionals’ Conference in Brussels in November 2016. Ce´cile discussed the passing of...more

Employment Law Navigator – Week in Review: November 2016 #4

Last week, a federal judge in Texas issued a preliminary injunction blocking implementation of the Department of Labor’s new rules on overtime, which would have extended overtime eligibility to approximately 4 million...more

Employment Law Navigator – Week in Review: November 2016 #2

Employment law commentators spent much of last week speculating about the impact of a Trump administration on workplace laws and regulations. HR Dive summarized the results of state minimum wage and marijuana initiatives and...more

Firing Employees For Private Facebook Posts: Employers Should Proceed With Caution

The recent filing of a lawsuit by a former television anchor against her former employer has magnified the need for employers to have a sound and meaningful social media policy. Former Pittsburgh, Pennsylvania news anchor,...more

Employment Law Navigator – Week in Review: November 2016

Last week, a Pennsylvania federal court held that Title VII protects lesbian, gay, and bisexual employees from sex discrimination. As we noted in last Thursday’s post, courts around the country have differing views about...more

"They Can't Do That To Our Pledges; Only We Can Do That To Our Pledges”: Admiral, Big Data, Privacy, and The Internet of Things

Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates. Admiral, a British insurer...more

Finding a Balance Between Cell Phone Access to Work Email and On-Call Pay

Long gone are the days where individuals required computer access in order to connect to the internet. Smartphones are everywhere, and the internet of things (IoT) means that common objects such as cars and phones can now...more

Why after-hours social media posts can still spell on-the-job trouble

Many people think that only teenagers and twentysomethings are using Facebook, Twitter, Instagram, Snapchat, Pinterest, LinkedIn and Google Plus to interact with others. Not so....more

Employment Law Navigator – Week in Review: October 2016 #3

Last week, the EEOC held a public meeting on the growing use of big data and predictive analytics in employment decision-making. A panel of industrial psychologists, attorneys, and labor economists told the EEOC that the use...more

Cell Phones at the Workplace: Protecting Employee Safety

Seyfarth Synopsis: As OSHA’s enforcement relating to employee cell phone use gains more notoriety, it can be expected that it will have a significant collateral impact on law enforcement at all levels to address this hazard....more

Inappropriate Social Media Activity Dooms Job Applicant’s Prospects

Being connected to not just your friends, but their friends and their friends’ friends (it’s all six degrees of separation, right?) means that it’s become increasingly hard to stay anonymous when using an online dating...more

Bring Your Own Device (BYOD) – Be Smart

At the dawn of portable electronic devices, they were primarily work-related productivity tools. Often, employers would purchase (or lease) devices and distribute them to their need-to-have employee base. It’s not so long...more

Employment Law Navigator – Week in Review: October 2016

Last week, California Governor Jerry Brown signed a law that requires employers to prove they are not paying workers differently because of their race or ethnicity. This new requirement builds on California’s Equal Pay Act,...more

Survey Shows Employees Top Security Risk for Companies

A recent survey conducted by Arlington Research for OneLogin in May 2016 of 1,022 respondents found what most of us already know: employees continue to be a high risk for employers when it comes to security risk. The...more

Snapchat in the workplace: where’s it app?

‘Snapchat is about sharing moments and having fun’ reads the tagline of the mega-app that has the fastest-growing social network in the world. But despite its phenomenal popularity, what potential impact might Snapchat have...more

Start-up, Joberate, Assigns Score to Employees to Determine their Job Search History

Most individuals seeking out new job opportunities use their personal e-mail address to correspond with a prospective employer, presumably keeping that job hunt secret from their current employer. However, now, Joberate, a...more

Sexual Harassment Goes Digital

News of the $20 million settlement reached in the FOX News sexual harassment suit has us—and other commentators—thinking about the current wave of sexual harassment claims. Sexual harassment remains a significant and...more

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