Polsinelli Podcast - Avoiding Professional Liability
Can an employer be liable for wrongful death by failing to investigate an employee's email threats to murder his family? The Illinois Appellate Court recently ruled that the answer may be "yes" based on the employer's...more
Adding its voice to the growing body of cases illustrating the importance of electronic communications policies, a federal court in Virginia ruled earlier this year that an employee had no reasonable expectation of privacy in...more
On May 1, 2014, the National Labor Relations Board (the "Board") issued an announcement inviting interested parties to submit briefs on the question of whether employees who are permitted to use their employer's email systems...more
In a recent Maine case, McClare v. Rocha, the state’s highest court taught us how dangerous email exchanges can be. This case brought to light an issue: whether an exchange of emails between lawyers can create a contract for...more
The blended use of technology for both professional and personal communication has had a significant impact on workplace privacy. Gone are the days when all an employer knew about an employee was what could be observed during...more
Given the rarity of a granted Motion for Additional Discovery, it is worth noting the circumstances of the Board’s decision in Apple Inc. v. Achates Reference Pub., Inc., IPR2013-00080; -00081 (Paper 58), wherein an exchange...more
Cheng v. Romo, 2013 WL 6814691 (D. Mass. Dec. 20, 2013).
In this action, the plaintiff sued defendant for accessing the plaintiff’s web-based emails without authorization under the Stored Communications Act (SCA). The...more
On June 14, Texas enacted HB 2268, which amends current state law relating to “search warrants issued in [that] state and other states for certain customer data, communications, and other related information held in...more
This past weekend I saw the remaining members of The Who perform in their Quadrophenia Tour. While I had seen Roger Daltry perform the rock opera Tommy, I had never seen Pete Townsend in concert. To say I was blown away would...more
Imagine walking past a conversation between your supervisor and another manager in which you hear the supervisor say “it’s really terrible” and the manager replies “yeah, we really need to cut back, but it’s going to be...more
Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions.
What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more
The California General Corporation Law authorizes board action by written consent. Cal. Corp. Law § 307(b). Sometimes, I’ve been asked about signing an email consent. Section 17 of the Corporations Code (which governs, but is...more
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