Personal Injury Privacy Labor & Employment

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Employees Who Suffer Only Economic Losses From a Data Breach Cannot Sustain a Negligence Claim Against Their Employer

Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more

Pennsylvania Court Dismisses Data Breach Claims

In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social...more

Paul Watler Speaks: Save the Plane – Or Save Yourself From a Libel Suit?

Fear of liability may match fear of flying for many Americans. We all know that commercial aviation is one of the safest forms of modern transportation. But it only takes a gut-wrenching drop of an aircraft in the...more

Summary of California Appellate Decisions - March 2015

HOW TO USE THIS CASE SERVICE - When you receive your summaries, each page will have an alphabetical letter located in the upper right-hand corner. Each alphabetical letter corresponds to a separate subject matter...more

Wearable Tech in the Workplace, Version 2.0

Wearable technology or wearable tech is the latest craze in personal electronics. The phrase encompasses anything electronic that is worn by a user. It took center stage at the 2014 Consumer Electronics Show, and since then,...more

Cullen & Dykman Sees Colleges Calling for Title IX Help v [Video]

Jan. 27, 2015 (Mimesis Law) -- Jim Ryan talks with Lee Pacchia about how the rise in reported on-campus sexual assaults and the pressures on colleges and universities to do something about the problem has translated into a...more

The Sony Pictures Entertainment, Inc. Scandal Serves as a Warning to Employers About Computer Security

In recent days, the scandal with Sony Pictures Entertainment, Inc. went from an embarrassing tabloid scandal to a possible terrorist threat. The breach also has impacted thousands of current and former employees....more

Indiana Appeals Court Upholds Jury Verdict For Pharmacist’s Wrongful Use Of Patient Information

A recent decision by the Court of Appeals of Indiana reinforces the peril faced by health care employers when employees authorized to access confidential information do so for improper purposes. In Walgreen Co. v. Hinchy, the...more

Employer Must Defend Against A Wrongful Death Lawsuit For Not Monitoring Employee Computer Use

An Illinois Appellate Court recently held that an employer must defend against a wrongful death lawsuit alleging that it was negligent in failing to investigate death threats that its employee had emailed to his family from...more

Stolen Customer Data Results in Ontario's First Certified Privacy Class Action

Businesses that collect personal information have an added incentive to monitor employees handling customer data – Ontario's first class action arising from the new tort of "intrusion upon seclusion" was certified last week....more

Fenwick Employment Brief: Verbal Disclosure Of Private Facts Actionable

A California appellate court expanded the basis for a public disclosure of private facts claim in Ignat v. Yum! Brands, Inc....more

Fenwick Employment Brief: Employee Social Media Account Ownership Still Uncertain

Who owns an employee's social media account when it is used to promote the employer's business? This is a hot-button topic and developing area of employment law, and a Pennsylvania federal court recently shed more light on...more

Weekly Law Resume - April 12, 2013: Common Law Right of Privacy – No Requirement of Written “Publication”

Ignat v. Yum! Brands, Inc - Court of Appeal, Fourth District (March 18, 2013) - Traditionally, a common law right of privacy based on the disclosure of private facts required that there be a written “publication” of...more

Public Disclosure of Private Facts: California Court of Appeal Holds that Spoken Words Do Not Disappear Into Thin Air

In a decision surprising only because it has taken so long, on March 18, 2013, the California Court of Appeal in Ignat v. Yum! Brands, Inc., No. G046343 held that the privacy-based tort of public disclosure of private facts...more

Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…

In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case out of Pennsylvania where the issue who owned a LinkedIn page and contacts (the employee vs. the employer)...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

Court’s Official Recognition of Tort of Intrusion Upon Seclusion Reaffirms Privacy Rights of Illinois Employees

In Lawlor v. North American Corporation of Illinois, the Illinois Supreme Court formally recognized “intrusion upon seclusion,” a form of invasion of privacy, as a valid claim under state common law. ...more

Illinois Supreme Court Recognizes Privacy Tort and Holds Employer Liable Under Agency Law

On October 18, 2012, the Illinois Supreme Court delivered a very important decision for Illinois employers in Lawlor v. North American Corporation of Illinois, Case No. 112530 (Oct. 18, 2012). The court not only confirmed...more

Illinois Supreme Court Adopts Tort of Intrusion Upon Seclusion

It's not often that you see a trial end in verdicts for both plaintiff and defendant, with both sides receiving awards of not only compensatory but punitive damages against the other. The Illinois Supreme Court heard such a...more

Theft of Employee Data from Third-Party Vendor Exposes Employer and Vendor to Privacy Class Action

A recently-filed class action lawsuit asserts claims against the Winn-Dixie supermarket chain and a third-party vendor, Purchasing Power, LLC, in connection with the alleged theft of employee data provided to Purchasing Power...more

Top Employer Questions on Employee Social Media Conduct Answered

Employers are now on full alert that employee’s online activity in the office and in the home has a direct, often beneficial/often detrimental impact, on the bottom line. And with each day’s headlines new complications and...more

Pregnancy Harassment Claim Was Properly Dismissed, And Employee Waived Attorney-Client Privilege By Using Employer's Computer

Holmes v. Petrovich Dev. Co., 191 Cal. App. 4th 1047 (2011) Gina Holmes sued her employer for harassment based on pregnancy, retaliation, constructive discharge, violation of the right to privacy and intentional...more

LEGAL UPDATE: Impact on Companies of the PRC Tort Liability Law - November 2010

The PRC Tort Liability Law (the “Tort Law”) finally came into effect on 1st July 2010, following several years of debate. It is considered to have a significant role in developing the legal framework for the protection of...more

McGhee v. Pathmark Stores, Inc.

New Jersey Appellate Division denies defendants' motion for leave to Appeal Order Denying Compelled Psychiatric Evaluations of...

New Jersey Appellate Division denies defendants' motion for leave to file an Interlocutory appeal of Trial Court's Order Denying Compelled Psychiatric Evaluations and Psychological Testing of Racial Harassment Plaintiffs...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

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