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Illinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad

The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

San Francisco Bans the Box for Private Sector Employers

San Francisco is the most recent U.S. jurisdiction to adopt a “ban the box” ordinance restricting private sector employers’ rights to seek information about an applicant’s criminal history. The San Francisco Fair Chance...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

Employers With International Operations Must Take Care to Protect Employee Data

When is the last time your company reviewed its data protection policies? If your company employs any international employees, it may have obligations under foreign laws to have specific safeguards in place....more

Protecting Personal Data in China

This advisory is one of a series prepared by Pillsbury's China Practice on questions frequently asked by our clients doing business in China. In June 2012, we published an advisory on personal data protection in China in...more

New Jersey's Medical Marijuana Law Impacts Employers

The New Jersey Compassionate Use Medical Marijuana Act raises a slew of issues for employers that have yet to be fully explored and resolved in litigation. New Jersey employers must have an ongoing relationship with an...more

Fourth Circuit Affirms Marital Privilege Does Not Apply To Emails Exchanged Using Employer’s Computer

On December 13, the U.S. Court of Appeals for the Fourth Circuit held that the marital privilege does not protect information included in emails exchanged via a spouse’s employer-owned computer and network. United States v....more

New Michigan Law Prohibits Employers From Asking Applicants And Employees For Access To Personal Internet Accounts

The apparent practice by employers of requesting access to employees’ and applicants’ social media accounts, such as Facebook and Twitter, has led the state of Michigan to pass the Internet Privacy Protection Act (PA 478 of...more

Michigan's New "Internet Privacy Protection Act" Sets Limitations for Employers and Employees

On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an...more

Michigan -- The Latest State to Ban Employers From Accessing Password Protected Social Media Accounts

On Friday, December 28, 2012, Michigan became the fourth state to ban employers from accessing password protected social media accounts....more

Michigan’s Internet Privacy Protection Act

On December 13, 2012, the Michigan Legislature passed House Bill 5523, known as the Internet Privacy Protection Act (IPPA), which if signed by Governor Rick Snyder, will become effective immediately....more

Labour Notes - November 2012

In This Issue: - Workplace Confidential? Supreme Court Rules That Employees Have Right To Privacy Over Their Work Computer - Q & A . . .2 - Progress of Legislation ..Federal . . . 3 ..Ontario ....more

Records of Potential Off-the-Clock Work Violations: GPS Tracking Devices

Along with the ubiquitous nature of smart phones, employers are increasingly using GPS technology to track company vehicles to determine if employees working on remote job sites are where they are supposed to be and to locate...more

Supreme Court of Canada Decision Demonstrates the Importance of Workplace Computer Policies

In R. v. Cole, 2012 SCC 53, the majority of the Supreme Court of Canada ruled that it was unconstitutional for the police to search the workplace computer of a high school teacher without a warrant. The Supreme Court held...more

Hack Attack: US Financial Institutions in the Cross-Hairs

Last week the FBI released a fraud alert warning financial institutions that cyber criminals have been using tactics such as spam and phishing emails to obtain employee log-in credentials. After obtaining the credentials the...more

Massachusetts Criminal Record Regulations Finalized

The Massachusetts Department of Criminal Justice Information Services (DCJIS) recently issued final regulations to accompany the Massachusetts Criminal Offender Record Information (CORI) law. The law, which was passed in...more

Cybercrimes and the Workplace

This article discusses that, in addition to civil liability that employment lawyers tend to be alert for in departing employee scenarios, departing employees can also be criminally liable for theft, misappropriation, or other...more

Company computer policies risk becoming obsolete -- Policies must reflect new laws and court decisions on data theft, social...

Have your client companies’ policies kept pace with changes in the law affecting computer technology? New statutes and court decisions relating to computer technology affect every business. Many companies overlook...more

Criminal Background Checks

In an increasingly competitive business environment, it is perhaps more important than ever for employers to exercise prudence and caution in hiring and maintaining their workforce. Background checks, whether criminal...more

Drawing Lines In The Virtual Sand: A Consideration Of R. V. Cole And Tips You Can Use For Developing Effective Computer Use...

Although a criminal case, the Ontario Court of Appeal’s recent decision in R. v. Cole, 2011 ONCA 218 [Cole] has significant implications for employers with respect to establishing expectations of privacy in the workplace in...more

Suing Employees for Computer Fraud Gets Easier

Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act (CFAA) as a tool to...more

Unauthorized Access of President Obama's Student Loan Data Ends in Computer Fraud Conviction

The proof at trial was wholly circumstantial, but, as the court found, was sufficient for the jury to convict. As the court explained, “the government introduced evidence establishing that on August 27, 2008, Teague's...more

Child Porn Found In the Workplace: Affirmative Duty to Report

Misbehaving by sending inappropriate text messages, or by striking up inappropriate internet relationships is not limited just to politicians. A hazard of our ever-present connection to the internet is the flood of...more

Where Are the Lines in Employee Surveillance?

A reader asks: I have had theft of trade secrets in my office. Can I install video cameras or other surveillance measures to view the activities of my employees? Answer: While spying on your employees happens all the...more

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