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Employer Liability Issues Stored Communications Act

Foley & Lardner LLP

Reminder — New York Social Media Privacy Protections Go into Effect March 12, 2024

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As we reported at the end of 2023, New York will soon join California, Colorado, Illinois, and a number of other states that protect employees’ and job applicants’ social media privacy. These protections are part of a bill...more

Winstead PC

It’s Time for Employers to Revisit Their Employment Policies to Be Ready to Address Political Disputes Among Coworkers

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With political division in the United States on full display in the midst of a pandemic, Americans are faced with deepening rifts that touch not only their social circles and family units, but also their work lives. It...more

Constangy, Brooks, Smith & Prophete, LLP

Data Privacy Legislation: Part 1

As state, federal, and international laws protecting consumer data multiply, employers need to know about the applicable restrictions and obligations related to employee data. Part 1 of this miniseries will cover the Stored...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

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Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Foley & Lardner LLP

Resist the Urge to Access: the Impact of the Stored Communications Act on Employer Self-Help Tactics

Foley & Lardner LLP on

As an employer or manager, have you ever collected a resigning employee’s employer-owned laptop or cellphone and discovered that the employee left a personal email account automatically logged in? Did you have the urge to...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

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Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Jaburg Wilk

Monitoring Employee Electronic Communications

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A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate...more

Parker Poe Adams & Bernstein LLP

Get Consent to Access Personal Devices Employees Use for Work

By now, most employers are familiar with “Bring Your Own Device to Work” policies. These policies allow employees to access company information through their own computers, smartphones, tablets, etc. ...more

Mintz - Employment Viewpoints

Employer’s Accessing of Employee’s Personal Email Account from Company Mobile Phone May Have Violated Stored Communications Act

In Levin v. ImpactOffice LLC, the federal court in Maryland ruled that a former employee’s claim survived a motion to dismiss where she alleged that her former employer violated the Stored Communications Act (“SCA”) when it...more

Saul Ewing LLP

PA Appellate Court Finds No Common Law Duty For Employer Handling Of Employee Info After Data Breach

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The Pennsylvania Superior Court held yesterday in Dittman v. UPMC et al. that an employer owes no common law duty under a negligence theory to use reasonable care in the collection and storage of employee information and...more

Parker Poe Adams & Bernstein LLP

Mobile Device Privacy Considerations for Employers

The use of mobile devices in the workplace, including cell phones, tablets, and other devices, has generated significant risks for employers, both in terms of data security and of litigation strategy. Access to these devices...more

Laner Muchin, Ltd.

Plaintiff Taps Into Anti-Hacker Law To Bring Claims Against Employer Who Posted On Plaintiff's Social Media Accounts

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The Fast Laner has previously addressed the headaches accessing employees’ social media accounts can create for employers, and a recent Northern District of Illinois case suggests those fears are well-founded. In Maremont v....more

Troutman Pepper

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately PPT Presentation

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A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

Troutman Pepper

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately

Troutman Pepper on

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

Ballard Spahr LLP

New Jersey’s New Social Media Privacy Law Takes Effect

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New Jersey is now among a growing number of states with social media privacy laws to protect personal social media accounts of current employees and applicants. On August 29, 2013, Governor Chris Christie signed a bill that...more

Cozen O'Connor

Post Summer Part 3 of 5 - Passive Recipient or Active Trickery?

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Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 3 today: If an employee’s Facebook post can reasonably support an adverse...more

Troutman Pepper

Liability Lessons From Lazette Case For Employers With BYOD Policies

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On June 5, a U.S. District Court for the Northern District of Ohio, in Lazette v. Kulmatycki, held that a supervisor, using a company-owned BlackBerry mobile device to access a former employee’s personal e-mail, was not...more

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