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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

The “Bring Your Own Device” Boon Comes at the Expense of Security. How Can You Protect Your Business?

Bring your own device policies in the workplace aren’t novel. Companies have experimented and implemented policies requiring employees to use their own personal phones, computers and tablets in the scope of their employment...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

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

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