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See You in Court – February 2016

Mr. Superintendent knew that his news for the Nutmeg Board of Education would cause a stir – the Nutmeg Public Schools were looking at a deficit for 2015-2016 of around $1,000,000. While the warm weather had resulted in...more

Berkeley students sue Google for mining emails for ads through Apps for Education

Four students attending the University of California, Berkeley, sued Google last week alleging that it violated the Electronic Communications Privacy Act by scanning and mining their emails in order to create advertising...more

Court Issues Sanctions for Manipulation of Email Evidence, Addresses New FRCP 37(e) (New York)

CAT3 v. Black Lineage, 2016 WL 154116 (S.D.N.Y. Jan. 12, 2016) - In this trademark infringement case, the plaintiff asserted rights to a domain name to sell its clothing products, in addition to an online website and...more

International Employment Law Update: Private Emails on Professional Tools are no Longer Private

In a landmark decision on January 12, 2016, the CEDH (European Court of Human Rights), ruled that employers have the right to read their employees private emails sent during working hours, on condition that this surveillance...more

Monitoring of Employee Communications

In Barbulescu v Romania 61496/08 [2016] ECHR 61, the European Court of Human Rights (ECHR) considered whether an employer’s monitoring of an employee’s private communications had breached his right to privacy under the...more

Plaintiff Lacks Control of Employees’ Personal Accounts, Motion to Compel Denied (California)

Matthew Enter. v. Chrysler Grp., 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015) - In this case, the defendant moved to compel additional ESI, including emails from employees’ corporate Gmail accounts and financial documents....more

Managing FMLA Fraud: Avoid Negative Commentary

This last post in our three-part series on managing FMLA fraud is about how negative commentary – including emails with smiley face emoticons – can subvert an effort to show that a termination decision was based on an honest...more

Barbulescu – Employers' Rights to Access Employees’ Emails/Personal Internet Usage

The Press has given a lot of coverage to last Tuesday’s European Court of Human Rights (ECHR) decision in Barbulescu. See Times article, “Employers allowed to look at your private messages”. As often is the case,...more

Is the Internet expanding privacy expectations?

Is the Internet invading privacy, or expanding privacy? The conventional wisdom is that the Internet is eviscerating privacy. But in some ways a heightened focus on privacy in the digital era may be creating new and greater...more

Employers Can Read Employees’ Private Messages

The European Court of Human Rights (ECHR) has ruled in favor of the employer in a case concerning a Romanian sales engineer whose employment was terminated following discovery by his employer that he was sending private...more

Volkswagen refuses to share emails with the U.S. Investigators, citing privacy concerns

German auto manufacturer Volkswagen (VW) is reportedly using German privacy laws to resist turning over its top executives’ internal corporate emails and other communication materials to United States attorneys general and...more

Privacy Tip #18 – Beware of phishing expeditions

So I have been in the data privacy and security world for the past 16 years, and I am still amazed at how savvy hacksters are, and how vulnerable we are to their antics. And…how much havoc they can wreak personally and to our...more

Organization Tips for a Successful 2016

In a previous blog we outlined ways to make it through the busy last few months of the year without a drop in motivation or productivity. Now that the holiday bustle is over and 2016 has begun, it’s time to prepare for...more

Business Litigation Alert: "The Danger of Emails - A Cautionary Tale for the New Year"

Martin Shkreli was a lightning rod for controversy during the time he served as the CEO of Turing Pharmaceuticals, but it’s his actions from a previous company that are now landing him in serious legal hot water, and his own...more

Hacker of celebrity victims arrested

The U.S. Attorney in the Southern District of New York has announced that Alonzo Knowles, (aka Jeff Moxey) was arrested last week. He is alleged to have hacked into celebrity email accounts....more

Will The Floodgates Open As Consumer Backlash To Spam Unleashes?

Every e-mail user receives them, some days in numbers hitting the triple digit mark – those targeted, often annoying and unsolicited e-mails that clog our inboxes, originating from any of a multitude of establishments,...more

Phishing for Christmas

As the Wall Street Journal noted yesterday, banks are being deluged with phishing attacks. These attacks are especially fierce around the holiday season, when more personnel are absent and normal procedures are ignored or...more

Can I Print a Retraction: A Cautionary Tale of the Lingering Pitfalls of Memoranda and Email Correspondence

On December 3, 2015, a jury empaneled in the United States District Court for the Southern District of West Virginia convicted Donald L. Blankenship of conspiracy to violate federal safety standards, and although he will...more

City Not Liable For Chicago Police Officers' Blackberry Work Time

If a tree falls in the forest but there is no one around to hear, does it make a sound? If a non-exempt worker answers an e-mail message after hours on her Blackberry but fails to put in for overtime, has she performed...more

German Court: Google’s Gmail Is a Regulated Telecoms Service

For the past five years, Google and the German telecommunications regulator, the Federal Network Agency (Bundesnetzagentur – BNetzA), have been arguing whether Google’s email service Gmail qualifies as a telecommunications...more

Employment Law Navigator – Week in Review: November 30, 2015

Last week, a LinkedIn job posting caught the eye of The Huffington Post because it included the following language: “The position is for a receptionist, so female candidates are preferred.” This is exactly the type of...more

iPhone Tips and Tricks: Customizing and Time Saving Tips

With its sleek style and easy navigation it’s no wonder Apple’s iPhone is one of the most popular smartphones out there. With all the features it’s easy to get overwhelmed. But, there are some not-so-obvious features that...more

California Appellate Court Addresses Release of City Attorney’s Private E-mails

An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more

Digital Emotions: The Evidentiary Impact of Emoticons and Emojis

When computer science professor Scott Fahlman posted a sideways smiley face on an electronic message board at Carnegie Mellon University in 1982, he could not possibly have known that combination of dots and dashes would give...more

California Updates Privacy Rights with the Electronic Communications Privacy Act

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

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