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Lost in the Cloud: Dropbox, Data “Insecurity,” and Employee Shenanigans

For the uninitiated, Dropbox and other similar tools—such as SkyDrive, Google Drive, or Cubby—allow a user to log in to an account, upload documents or files to the cloud, and then access or download them from any device,...more

Court Denies the Use of a Software Agreement as a Shield from Discovery (Tennessee)

Pero v. Norfolk S. Ry., Co., 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014). In this employment law case, the plaintiff filed a motion to compel the production of a video that the plaintiff claimed demonstrated the setting...more

Bring Your Own Challenges

From reliable surveys and less dependable anecdotes in most major markets, including the UK and the US, opinions point to the almost inevitable expansion of BYOD – Bring Your Own Device – as a cost-saving model for employers....more

How is the Venture Community Affected by the Criminalization of Trade Secret Law Under the Economic Espionage Act?

It's a commonplace occurrence in Silicon Valley for skilled employees to move from one company to another, followed quickly by a civil trade secret lawsuit alleging that the employee stole trade secrets from his prior...more

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

Are you—or someone you love—a content hoarder?

Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with...more

Brown v. Tellermate: Cloud-based Data and E-discovery

According to PC Magazine, “[i]n the simplest terms, cloud computing means storing and accessing data and programs over the Internet instead of your computer’s hard drive.” Cloud-based computing has become a very popular tool...more

Week in Review - January 16, 2014

This week's headlines charged employers with preserving and protecting data in the workplace. This advice is timely given that this week is “Tax Identity Theft Awareness Week,” a time when employers are reminded to safeguard...more

Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more

BYOD: Party Essentials for Corporations and Employees

The need to stay connected these days applies not only to our social universe, but also to our business universe. The result is a trend known as “bring your own device” or “BYOD.” BYOD is the practice where employees use...more

Risky Business: "Bring-Your-Own-Device" And Your Company

Smartphones and tablets are everywhere. Largely prompted by Apple, Samsung, and Google’s consumer-centric marketing strategies, people are spending more and more money on the latest and fastest mobile devices, upgrading them...more

Top 5 Ediscovery Case Summaries – August 2013: Pennsylvania - Proportionality Must Be Considered for Spoliation Sanctions

PTSI, Inc. v. Haley, 2013 WL 2285109 (Pa. Super. Ct. May 24, 2013). In this employment law case, the plaintiff appealed a trial court’s denial of motion for sanctions against the defendants who allegedly erased...more

Top 5 Ediscovery Case Summaries – August 2013: Ohio - Stored Communications Act Can Block Employer Access to Personal Data on...

Lazette v. Kulmatycki, 2013 WL 2455937 (N.D. Ohio June 5, 2013). In this employment law case, the federal district court held that the Stored Communications Act (SCA) can apply if an employer reads personal emails from...more

Top 5 Ediscovery Case Summaries – July 2013: New York - Minimal Court Oversight Required for Predictive Coding Protocol

Gordon v. Kaleida Health, 2013 WL 2250579 (W.D.N.Y. May 21, 2013). In this action brought under the Fair Labor Standards Act, the plaintiffs motioned for a court order requiring the parties to meet and confer on the...more

Top 5 Ediscovery Case Summaries – April 2013: Tennessee - Court Denies Motion to Compel Social Media Data

Potts v. Dollar Tree Stores, Inc., 2013 WL 1176504 (M.D. Tenn. March 20, 2013). In this employment dispute, the defendant filed a motion to compel discovery of the plaintiff’s personal computer and any “Facebook and/or...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

The Challenge of Young Employees and Technology

Cisco’s 2011 Connected World Technology Report found that 70% of young professional employees disregard their employer’s technology policies on a regular basis. This presents significant litigation and public relations risks...more

Obtaining and Using Social Media in Litigation: Tips for the Employment Practitioner

Tips for obtaining social media during litigation, and using for your client's advantage....more

Socially Aware: The Social Media Law Update - Vol. 2, Issue 5 - October 2011

In this issue: NLRB Report Provides Guidance to Employers on Social Media Issues; Rough Waters: Repeat Infringer Policies and the DMCA Safe Harbors; What Every Company Should Know About E Discovery and Social Media; CDA...more

Using Social Media in Pre-Litigation Investigation

Pre-litigation practice pointers for locating, obtaining, and protecting the wealth of often-overlooked information that is voluntarily disclosed via social and other electronic media content. Published in the September 2011...more

Social Media: Too Powerful To Ignore (FBA-MD Newsletter)

This article, published in the June 2011 issue of the newsletter of the Maryland Chapter of the Federal Bar Association, discusses the powerful tool that social media has become. Social media is too difficult to ignore and...more

Your Workplace Computer Is A Lonely Public Roadway

According to the third district appellate court in Holmes v. Petrovich, 2011 DJDAR 671, your office privacy is a lonely public roadway. And where the limits are clearly posted, you had better obey—no matter what kind of...more

The Cat's Paw: How Social Media Can Lead You Astray

The pen has become even mightier since Facebook and its kin stepped into the courtroom. Today, courts consider social media posts to be beyond the purview of the right of privacy - and fully admissible in court. Now, with...more

Online and email risks at work

A quick checklist...more

An Overview of Electronic Discovery in Employment Law

This short 15 slide presentation provides the framework for developing and discussing Electronic Discovery in Employment Law. ...more

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