News & Analysis as of

Litigation Hold Employer Liability Issues

BakerHostetler

Businesses Must Contemplate Employees' Use of Messaging Apps on Personal Devices

BakerHostetler on

An investment management company was recently hit with $200 million in fines for failing to track employees’ use of personal messaging apps, which resulted in the loss of communications that were subject to regulatory...more

Epiq

Best Practices for Tackling Internal Investigations in the Era of Remote Work

Epiq on

In a time where it seems like everyone is working remote, at least to some degree, it is more challenging to navigate internal investigations. When the pandemic struck, many organizations did not have time to create a...more

Proskauer - Labor Relations Update

Employer’s Litigation Hold Not Unlawful, NLRB Division of Advice Concludes

Last year about this time, the NLRB changed the standard for reviewing handbook rules. The new standard takes into consideration the fact there are many other interests other than the NLRA at play in a workplace, and seems to...more

Kilpatrick

BYOD (Bring Your Own Device) Policies and Best Practices

Kilpatrick on

Some of us may remember a time when companies were not as concerned about where their information was maintained, as most of it was kept in some form or fashion in file cabinets or individual desks, or perhaps stored offsite...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

Morgan Lewis

Fifth Circuit Finds SOX Violation in Disclosure of Whistleblower’s Identity

Morgan Lewis on

The Fifth Circuit affirms the DOL Administrative Review Board’s decision that employer disclosure of a whistleblower’s identity in a document retention notice constitutes an adverse action....more

Proskauer - Whistleblowing & Retaliation

5th Circuit: Outing Whistleblower Equals Adverse Action

On November 12, 2014, in Halliburton, Inc. v. Admin. Review Bd., 5th Cir. No. 13-cv-60323, the Fifth Circuit affirmed an ARB’s decision that disclosing the identity of a whistleblower may constitute an “adverse action” under...more

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