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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

Use Good Sense to Avoid Making Bad Law

Lawyers often say that bad facts lead to bad law. Cases with outrageous fact patterns can drive a judge or jury to stretch the law and make outcome-based decisions in order to provide relief to a sympathetic party. Lawyers...more

Another Piece of the Puzzle: Social Media Concerns (Just) Outside the Employment Relationship

This blog has focused heavily on social media-related issues that arise in the employer/employee relationship and that have been a continual challenge for employers over the last decade. Employment-related social media issues...more

A Legal Guide To The Use Of Social Media In The Workplace

In This Issue: - Introduction - Social Media And The Employment Relationship - Wage And Hour Considerations - Discrimination Laws - Protected Activity Laws - Applicant Screening...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

Survey Of West Virginia Employment Privacy Law

GENERAL COMMENTS West Virginia has a two-tiered court system consisting of circuit courts at the trial level with only discretionary appeal to the West Virginia Supreme Court of Appeals. There is no intermediate court 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

McGhee V. Pathmark Stores, Inc.

Atlantic County, New Jersey Trial Judge grants protective order to racial harassment plaintiffs barring defense psychiatric...

Please see attached unpublished Trial Court opinion by Judge Kane in Atlantic County in McGhee V. Pathmark Stores, Inc. This is a LAD racial harassment case where four African American plaintiffs claim emotional distress...more

Discovering Unburied Treasure on Social Networking Web Sites

Article discusses discoverability of information posted on social networking web sites, including Facebook and MySpace, and analyzes how discovery disputes and potential admissibility at trial of this information may be...more

ASSET PROTECTION 101

Asset Protection basics that every attorney, advisor and CPA should know. Written as an educational piece for both advsiors and thier clients....more

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