Smartphones

News & Analysis as of

Employment Law Blog: Going Viral - Why You Need to Add a No-Recording Policy to Your Handbook

It's not just the Millennials who are obsessed with documenting every aspect of their lives. Everyone does it. Smart phones make it incredibly easy to snap pics, video, slo-mo, or time lapse every minute of our lives. ...more

Employer Wins Dismissal of Federal Claims for Wiping Data from Terminated Employee’s Smart Phone

In one of the first reported cases of its kind, a federal district court in Texas recently dismissed federal claims brought under the Electronic Communications Privacy Act (“ECPA”) and the Consumer Fraud & Abuse Act (“CFAA”)...more

Location of employees can be monitored with privacy restrictions

It is possible to collect location data relating to employees through smartphone Apps if used in order to optimize the usage of resources and improve their management, coordination and timing provided that this practice...more

Searching Student Smart Phones in The Wake of Riley V. California

In the recent, landmark case of Riley v. California, the United States Supreme Court held that the police may not search digital data on the cell phone of an arrestee without a warrant, reasoning that smart phones not only...more

Mobile Health Apps are in a Boom Phase – Why is it so Hard for Pharmaceutical Companies to Find Users?

Mobile medical and health applications have been in a boom phase for the past few years, but despite this trend, one group of entities has had trouble breaking into the mobile medical app sphere, pharmaceutical (i.e., pharma)...more

Say Cheese… Snap… The Most Damning Evidence in Employment Law

Before smartphones, emails, text messages and other forms of electronic communications, I would ask alleged sexual harassers whether they had any pictures or video from holiday parties, or if they kept hallmark cards that...more

New (and Improved)?

Another week of technology overload: A new car and upgraded phones have made me long to live in a lighthouse....more

Cybersecurity Litigation Monthly Newsletter

As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases,...more

S.B 962: Disabling smartphones or enabling uncertain enforcement?

On August 25, 2014, Senate Bill No. 962, “[a]n act to add Section 22761 to the Business and Professions Code, relating to mobile communications devices,” was approved by Governor Brown and filed with Secretary of State Bowen....more

China Launches Massive Cross-Platform Cyber Attack

The very tool (cell phones) that has allowed millions of previously disconnected people to coordinate large civil protests in numerous countries is now being used to quash dissent in Hong Kong. If recent reports are proven...more

Smartphones, Maps, and Distracted Driving

What? Is texting and driving now legal in California? Not quite… But the California Court of Appeals has recently ruled that it is permissible to view maps on smartphones while driving....more

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information?

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information? In this digital age, smartphone technology has become essential and ubiquitous to business operations. But the...more

Why It’s Time Employers Revisit Their Cell Phone Reimbursement Policy

What happens when your employees use their personal smartphones to check or respond to work email? It may be a question that you hadn’t given much thought to. Presumably, if an employee makes a work-related call, email or...more

Federal Trade Commission Checks Out Mobile Shopping Apps

In August, the Federal Trade Commission (“FTC”) released a staff report concerning mobile shopping applications (“apps”). FTC staff reviewed some of the most popular apps consumers utilize to comparison shop, collect and...more

California Enacts Smartphone Kill Switch Law to Promote Data Security

This week California enacted into law Senate Bill 962, which requires a “kill switch” on all smartphones that would render the device inoperable. The law applies to all smartphones manufactured after July 1, 2015 and sold in...more

Week in Review

Businesses that support the sharing economy continue to grow, as evidenced by this week's news headlines. Airbnb announced it is partnering with Concur, a commonly used expense account management software. This partnership,...more

What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a...more

Worn on the Sleeve

Watches that monitor sleep quality. Skullcaps that gauge head injury. An infant bodysuit that sends temperature and breathing updates to a mobile device. Ear buds that track your heart rate. These are just some of the...more

Status Updates - July 2014 #9

..According to a current study by Bank of America, Americans are very closely attached to their smartphones. Of those surveyed, 85 percent said they check their phone at least a few times a day and 35 percent say they check...more

Status Updates - July 2014 #8

..The average millennial checks his or her smartphone 45 times a day and learns about news online primarily through Facebook and Twitter, according to a new survey. Search engines and email, the “more traditional” venues,...more

Week in Review

Some high profile companies, including two technology giants, made headlines this week after former employees filed lawsuits against them alleging discrimination and harassment. The case against Yahoo is likely to be...more

CFPB Holds Field Hearing on Mobile Financial Services

Yesterday, at the historic Old U.S. Mint in New Orleans, Louisiana, the Consumer Financial Protection Bureau (“CFPB”) held a field hearing on mobile financial services in connection with its newly released formal Request for...more

An Overview of the BlackBerry v. Typo Products Case

Many consumers today, plagued by embarrassing typographical errors when using their touch-screen smartphones, own a second smartphone with a keyboard, such as a BlackBerry phone, for their professional correspondence. To...more

Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages...more

May 2014: Trial Practice Update: Courts, Lawmakers, and Other Groups Grapple with Juror Misuse of Social Media and the Internet

Jurors are expected to decide cases based on evidence they see and hear in the courtroom, after deliberating while sequestered from outside influences. For decades, courts have enforced rules and practices designed to make...more

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