Electronic Devices

News & Analysis as of

Restrictions on Personal Electronic Devices, including Laptops, on Flights from 10 Airports

No personal electronic devices (PEDs) larger than a cellphone or smartphone, such as a laptop computer or e-reader, can be carried into the cabin of airplanes flying directly to the U.S. from 10 airports in the Middle East,...more

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more

Crossing the Border with Electronics - Helpful Tips and Pitfalls to Avoid

International travelers have been reporting that cell phones, computers, and other communication devices are being seized by Officers of the U.S. Customs and Border Protection (“USCBP”) branch of the U.S. Department of...more

California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones...more

E-Communications on Private Accounts May Be Subject to Disclosure Under the California Public Records Act

The California Supreme Court has finally decided a question that has, for years, vexed courts, public officials, the media and citizen watchdogs: Are electronic communications — emails, voicemails and texts — on private...more

California Supreme Court Rules that Public Business Conducted on Personal Devices Result in Public Records

In a major development impacting all public entities subject to the California Public Records Act (Gov. Code § 6250 et seq., hereafter “CPRA”), on March 2, 2017, the California Supreme Court unanimously held that public...more

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

Investigatory Powers Act 2016: How to Prepare For A Digital Age

The Investigatory Powers Act 2016 (the “Act”) received Royal Assent on 29 November 2016. It comes into force in part in January 2017. Its main provisions include granting powers to ministers to issue warrants for intrusive...more

DOL Punts on Portable Device Regulations, For Now

“I wish the U.S. Department of Labor could issue more workplace regulations before Inauguration Day,” – said no employer anywhere ever. Questions about the new overtime regulations aside, there might just be another...more

Commercial Trucking Goes Green for Safer Streets

A new federal mandate requires most commercial truck drivers to “go green” by trading in their old paper logs for electronic logging devices (ELDs) by December 18, 2017. Thought to affect roughly 3.5 million truck drivers,...more

The Power of Autowrong in Life and Employment Litigation

Are you tired of people refusing to take accountability for their actions? Tired of excuse after excuse for potentially offensive words? Sick of folks blaming grammar lunacy on their iPhones? If you answered “yes” to all...more

In Order to Avoid Liability, Employers Need to Reevaluate Employee Cell Phone Usage Policies

Employers have long understood that what their employees do on company time is directly linked to the company’s own potential liabilities. When employees using mobile electronic devices cause harm, their carelessness isn’t...more

Corning v. PPC Broadband: Technological Context Informs Claim Construction; Preambles Do Not

In a recent PTAB ruling, Corning Gilbert, Inc. v. PPC Broadband, Inc., No. IPR2013-00342, Paper 57 (PTAB Oct. 12, 2016),[1] the PTAB reversed itself on remand from the Federal Circuit. The Corning series of decisions is...more

“Rather Broad” Discovery Request Is Nonetheless Proportional to Case

First Niagara Risk Mgmt., Inc. v. Folino, No. 16-1779 (E.D. Pa. Aug. 11, 2016). The court concluded that the plaintiff’s requested scope of discovery from the defendant’s electronic devices, while “rather broad,” was...more

Privacy Tip: Cover Your Computer Camera and Microphone

Someone may be using your laptop or your desktop web camera to watch and listen to you without your knowledge. It happens, and yes, it’s downright creepy. And to think that someone may be spying on your kids that way is...more

FTC Weighs-in on Telehealth, Comments on Delaware’s Occupational Therapy Practice Rule

On August 3, 2016, the Federal Trade Commission (FTC) staff submitted public comments regarding the Delaware Board of Occupational Therapy Practice’s proposed regulation for the provision of occupational therapy services via...more

Five Tips for Handling Pokémon Go in the Workplace

In the past several weeks, Pokémon Go has taken the world, and many workplaces, by storm. If you’re concerned about reducing the negative impact that this game may be having on your employees’ productivity – and, more...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

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

NOVITÀ IN MATERIA DI DIRITTO DEL LAVORO

Il presente alert viene redatto al fine di fornire prime indicazioni relative alle ultime novità in materia di Diritto del Lavoro, con particolare riferimento alla disciplina dei controlli a distanza, delle dimissioni e del...more

Banning Employee E-Mailing?

“Everything in moderation,” I’m always saying. Exercise, TV, French fries. Well, I tend to moderate my exercise a tad more than my French fries, but I digress. What about technology? Social media? Those who know me know that...more

Protecting GUI Designs in Australia: More Questions than Answers

Many countries allow graphical user interface (GUI) features to be protected by registered designs. The current position in Australia is not clear. The position of the Australian Designs Office, which is responsible...more

Divisional Court Confirms Lawfulness of SFO Procedures for Isolating Privileged Material

On 27 January, the Divisional Court in R (McKenzie) v Director of the Serious Fraud Office [2016] EWHC 102 (Admin) confirmed the lawfulness of the SFO’s procedures for dealing with material potentially subject to legal...more

The Perils of BYOD Policies

Over the holidays, many employees are out of the office on family vacations or otherwise using their time off. Many employers rely on employees' use of their own personal electronic devices to keep up with what is going on in...more

Historic FMCSA E-Logging Rule Met With Immediate Challenge in the Seventh Circuit

In an action immediately challenged in court, the Federal Motor Carrier Safety Administration (FMCSA) finalized a long-anticipated rule (the “ELD Rule”) to require use of electronic logging devices (ELDs) by all drivers...more

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Cybersecurity

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