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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

New Requirements for Employers of STEM OPT Students — Seven Extra Months for Seven Extra Requirements

The new STEM Optional Practical Training (OPT) regulation extends the practical training for F-1 students with qualifying degrees from 17 months to 24 months. It also introduces an employer requirement to complete a training...more

Ninth Circuit Interprets “Without Authorization” under the Computer Fraud and Abuse Act

When we last left David Nosal, he had escaped liability under the Computer Fraud and Abuse Act after convincing some of his former colleagues at executive search firm Korn/Ferry to use their log-in credentials to download...more

Five Trending Challenges Facing Employers in the Technology, Media, and Telecommunications Industry

Employers in the technology, media, and telecommunications industry continue to face numerous workplace management and compliance challenges under changing laws. From evolving mandates regarding benefits and momentum toward...more

Uniform Approach Proposed to Protect Employee and Student Online Login Information

State legislatures are increasingly legislating in the area of employee and student online privacy. Privacy practitioners should be aware that there is now a proposed uniform law for the states to consider enacting. At its...more

Taking a Walk Back to a Kinder, Gentler Interpretation of the Computer Fraud and Abuse Act

We don’t usually talk about four-year-old court decisions in the first instance here. But the Ninth Circuit has issued a pair of noteworthy opinions interpreting the Computer Fraud and Abuse Act in the last few weeks. And...more

U.S. Court in Louisiana Remands Advance Stores Co. Data Breach Class Action to State Court

In a case with a familiar fact pattern, the United States District Court for the Eastern District of Louisiana refused to find that permitting Plaintiff to proceed in Louisiana state court was “futile” on Article III standing...more

Recent Decision Widens “Narrow” Door for Use of the Computer Fraud and Abuse Act against Corporate Insiders

Information security threats come from a variety of sources, including outside hackers and disloyal corporate insiders. One federal statute that may provide a powerful remedy when a company’s defenses are breached and data is...more

Employment Law Navigator – Week in Review: July 2016 #5

Pokemon Go has taken the world by storm. Last week, several blogs discussed what employers can do to limit the effect of the game on the workplace. HR Morning advised looking at information technology and social media...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

Password sharing and “head-slap hacks”: What employers can do

If you have ever wondered why your company’s data is not as secure as it should be, take a look in the mirror. A study by the Ponemon Institute, commissioned by Experian and released in May, found that the majority of...more

Pokémon Go in the Workplace: Oh Look There’s a Pikachu!

Did you know that the world is now inhabited by creatures called Pokémon? (Or maybe they’ve always been there?) Some run across the plains; others fly through the skies; and some live in the mountains….and some, yes, some,...more

Punching the Clock in the 21st Century: Could Your Bonuses and Promotions Be Determined By Wearable Tech?

From Apple Watches to Fitbits, the market for wearable technology has steadily increased over the years. In 2015, just under 50 million wearable devices were shipped. Additionally, the wearables market is expected to...more

Employees Behaving Badly – Ten Signs (S)He’s Just Not Into You

There are many computer behaviors which, in a certain light, might suggest that an employee is skimming the accounts, paying bribes, pushing deals to friends or relatives, or planning to steal company IP to compete with them....more

Employment Law Navigator – Week in Review: July 2016 #3

The combined topics of Facebook and race were in the news last week. A Pennsylvania judge ruled that an employee’s personal Facebook page laced with race-based stereotypes could be used to impeach her in her lawsuit, which...more

Pokémon NO: New App Creates Risks For Employers

Seyfarth Synopsis: Pokémon GO’s popularity is at a fever pitch. However, the game poses several risks for employers including software security, privacy and workplace safety concerns. Your employees may be on a quest...more

Employment Law This Week: Password Sharing, Organizing Mixed Units, Mental Health Accommodations, Privacy Shield [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...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

BDO’s 2016 Manufacturing Risk Factor Report

The 2016 BDO Manufacturing RiskFactor Report examines the risk factors in the most recent 10-K filings of the largest 100 publicly traded U.S. manufacturers across five sectors including fabricated metal, food processing,...more

CFAA Double Feature: Ninth Circuit Issues Two Important Decisions on the Scope of Liability Related to Data Scraping and...

This past week, the Ninth Circuit released two important decisions that clarify the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The Act was originally designed to target...more

I-9:  Ways to Avoid Identity Theft

Employers are increasingly being contacted by individuals, their insurance and payroll providers, the IRS and/or police about employees who are possibly involved in identity theft. If an employee steals a name and matching...more

The Defend Trade Secrets Act: Significant Recent Changes to Intellectual Property Law May Provide New Avenues for Protecting...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), marking one of largest changes to intellectual property law since the America Invents Act of 2011. This legislation will allow companies...more

Brexit: Some Potential Implications For Employers

On June 23, 2016, the people of the United Kingdom—(more precisely, the island of Great Britain, comprising England, Wales Scotland and Northern Ireland) voted, pursuant to a referendum called “Brexit,” to leave the European...more

EU Commission Adopts EU-U.S. Privacy Shield

On July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield to replace the previously invalidated Safe Harbor Framework as an adequate method of transferring personal data from the European Economic...more

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