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Friend (or Foe) Requests: Using Social Media In Employment Litigation

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

Smartphone blunders in the workplace

In a world where smart phones and apps are evolving faster than you have time to update them, it’s important to take a moment to reflect on the potential for inadvertent disclosure and self-sabotage in the workplace....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

Lyft Wins Background Check Class Action Claim

Apparently, even a “no decision” decision by the U.S. Supreme Court can still establish precedent. Relying on a Spring 2016 SCOTUS decision, a federal magistrate judge in California dismissed a proposed class action...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

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

California Federal Judge Certifies Class in S2Verify FCRA Class Action Using Spokeo Concreteness Test

Last week, the decision in the Spokeo case influenced a California court’s decision to certify a class in a Fair Credit Reporting Act (FCRA) case. The class of applicants who claim that S2Verify, a background check company,...more

Your Confidential Employment Information Is Safe Under Tennessee's Uniform Fiduciary Access to Digital Assets Act

On July 1, 2016, Tennessee’s Revised Uniform Fiduciary Access to Digital Assets Act went into effect.  The Act grants fiduciaries authority to access a decedent’s digital assets.  As a result, executors, trustees, powers of...more

Can Using Social Media Lead to a Lawsuit?

In an era where technology is not only constantly evolving, but prevalent in nearly every aspect of our lives, it is only fitting to discuss the legal implications of social media. This includes everything from defamation...more

Déjà Vu Not All Over Again: Ninth Circuit Strengthens CFAA In Nosal II

On July 5, 2016, the Ninth Circuit Court of Appeals issued its highly anticipated decision in the most recent chapter of United States v. Nosal, holding that an individual acts "without authorization" as used in the Computer...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

On the Move and At Risk: Safeguards for Mitigating Mobile Device Vulnerabilities While Traveling Overseas

Employees use their smartphones as a key tool for accessing information during a work day – especially when outside the office and traveling on business. While smartphones, tablets, laptops and other devices may increase...more

Ninth Circuit Vastly Expands Scope of Criminal, Civil Liability for Computer Fraud

In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more

Retail and Consumer Products Law Roundup - June 2016

President Signs Legislation Modernizing Federal Chemical Regulation Law - Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers. ...more

Privacy Tip #39 – Be Wary of IRS Phone Scams

Although the IRS has warned taxpayers on multiple occasions about IRS phone scams, consumers continue to be victims. A lucrative scam for years, which according to the IRS, has cost victims more than $26 million since 2013,...more

Let’s be “Friends” – Should I “Friend” My Employees? And Other Questions Raised by the Internet Privacy Protection Act

On the last day of the 2016 Regular Session, the West Virginia Legislature passed a bill that will require all West Virginia employers to evaluate their social media policies and practices. HB 4364, known as the Internet...more

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights - European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for...more

Employee Error Accounts for Most Security Breaches

A recent study by a well-known information security company captures one of the most common information security fallacies: that information security is a technology problem. Most businesses view mitigating information...more

W-2 Phishing Scams: Don’t Take the Bait

In recent weeks, hundreds of businesses around the country have been hit by an email “phishing” scam that is both brilliant in its exploitation of workplace power dynamics and potentially devastating in its effects. This...more

Health Care Employees at the Frontline in The Battle Against Ransomware

As recent noteworthy attacks have shown, no health care organization or provider is safe from ransomware threats, and the results of an attack can be devastating. Ransomware is a virus which limits or eliminates access to...more

Germany Issues Privacy Guidelines for Employer Access to Employee Email and Internet Use

Can employers look at the company email accounts of employees, such as when they do not show up to work? Can employers monitor employee Internet use during working hours? Can employers read employee emails if they use the...more

LinkedIn admits that 2012 data breach in fact affected 117 million users’ data

A LinkedIn data breach in 2012 supposedly exposed 6.5 million LinkedIn users’ hashed passwords. LinkedIn announced yesterday (May 18, 2016) that in fact, it impacted more than 177 million user accounts, and that the...more

No Expectation of Privacy in Relation to Workplace Emails and Evidence Seized by the Police in the UK

In the recent case of Garamukanwa v Solent NHS Trust the UK Employment Appeal Tribunal ("EAT") held that the Claimant, Mr Garamukanwa, had no reasonable expectation of privacy in respect of emails sent to a work colleague...more

Employers Face Exposure for Cyberbreaches

A newly filed lawsuit in California and a recent decision from the U.S. Court of Appeals for the Seventh Circuit serve as reminders to employers that the protection of sensitive employee information from cyberthreats remains...more

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