The First Steps to a Paperless Law Office: Austin Lawyer D. Todd Smith
For eDiscovery and digital forensics experts, there are some frequently occurring actions we’ve seen that can hamper our ability to perform thorough and effective forensics investigations. This blog is designed to give a...more
An employee in Luxembourg was fired when another employee inadvertently found sexually explicit photos stored on a work computer. The Luxembourg Court of Appeal has now provided guidance employers should bear in mind when...more
Offboarding employees after they've resigned or been terminated is largely a routine process; they turn in their devices, which can then be imaged and archived. But are you routinely investigating their computer activity...more
Employee data theft happens frequently, and especially in current times where employees are leaving or being terminated. Some may be due to layoffs while others may leave for personal or other reasons. However, there is...more
The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more
Computer technology in the workplace is, in many ways, a double-edged sword. It allows for increased efficiency, instant communication, worldwide collaboration, vast data storage, and information security. These real,...more
We all have them. Old computers sitting around in storage, never to be used again. Broken servers that have passed their prime. Laptops abandoned for their newer, shinier versions. And what do you do with them? If these...more
This newsletter summarises four significant judicial decisions over recent months. 1. The purpose of a probation period is for the employee’s skills to be assessed. Therefore an employee’s absence would extend the...more
Report on Patient Privacy 20, no. 1 (January 2020) - ? A cybersecurity breach temporarily halted cancer radiation treatment services at the Cancer Center of Hawaii on Oahu,[1] the center said. The center, which provides...more
It’s that time of the year again. Cyber Monday — the first work day following the Thanksgiving break — is expected break online shopping records. In 2018, retailers saw a 20% increase in Cyber Monday revenue as consumers...more
Two Recent Cases Highlight the Spoliation Thresholds in Rule 37(e) - With the 2015 FRCP amendments quickly nearing a half-decade in existence, case-law continues to define how these rules are upheld in court, especially...more
Can an employee bring a claim against an employer if the employer bases an employment-related decision on information obtained from a personal data storage device?...more
The arrival of the new year is a bittersweet time for the Commercial Division as it bids farewell to two of its most senior judges: Justice Charles E. Ramos and Justice Eileen Bransten. Notably, both will be staying on to...more
This year’s Cyber Monday—the first work day back after the Thanksgiving break—is once again expected to be the largest online shopping day in history. Last year, 81 million American consumers spent over $6.5 billion on...more
The U.S. Court of Appeals for the Fifth Circuit affirmed the Computer Fraud and Abuse Act conviction of an IT worker who sabotaged his employer’s network, rejecting the argument that an IT worker’s authorized access to...more
It is increasingly common that there are disputes with employees at the end of employment about whether or not they have taken or retained an employer’s confidential information. Most employers have a provision relating to...more
In Miller v. Zara USA Inc., (2017 N.Y. Slip Op. 04407, 1st Department June 6th, 2017), the First Department held that where, as here, a company’s written employment guidelines clearly provide that employees have no reasonable...more
On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more
Having just celebrated its one-year anniversary, the Defend Trade Secrets Act (DTSA) triggered an uptick in federal litigation concerning the fight to protect corporate trade secrets. Though no court has issued the elusive ex...more
As the use of computers and computer activity becomes more pervasive in the workplace, employers are facing new challenges. Generally speaking, greater network connectivity should be welcomed by employers. However, the use of...more
Recently I shared the podium with an FBI agent who was asked what frustrated him the most when trying to help businesses with trade secret theft. His answer was a surprise: they fire the guy too fast! He explained that when...more
This Monday after Thanksgiving – also known as Cyber Monday – is expected to be the largest online shopping day in history. Last year, an estimated 52% of Americans participated in Cyber Monday and spent over $3.1 billion,...more
Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more
Not exactly. A divided Ninth Circuit panel recently affirmed the conviction of a former employee under the Computer Fraud and Abuse Act (“CFAA”), holding that “[u]nequivocal revocation of computer access closes both the front...more
Danny Defendant, employed by Acme Widget Co., quits. Acme, of course, disables the password that Danny had used to access the Acme computer system. Danny then asks a friend, who still works at Acme, for her password. She...more