What's the Tea in L&E? Employee Devices: What is #NSFW?
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
Three recent federal court decisions address whether materials created using public generative AI platforms are protected by the attorney-client privilege or work product doctrine. The rulings also raise important questions...more
In today’s society, the temptation is to take photos and videos of everything and then post on social media to share your experiences with a broad audience. When it comes to parties involved in divorce, that temptation to...more
A recent federal court decision from California in In re Apple Data Privacy Litigation reflects an evolving judicial approach to how courts will define the boundaries of privacy in a platform-driven world. The January 20...more
In United States v. Mendoza (2026 WL 61591), the Third Circuit held that a hotel guest does not retain a reasonable expectation of privacy in a hotel room five hours after checkout time, affirming the denial of a motion to...more
A recent Pennsylvania Supreme Court ruling could have broad implications for internet privacy, and employers should take note. The state’s high court ruled in December that individuals do not have a reasonable expectation of...more
In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more
As the privacy litigation landscape continues to take shape, search bars have quietly become a Trojan horse in online data collection, carrying new legal theories into the California Invasion of Privacy Act (CIPA) arena. The...more
What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan discuss what content is...more
Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more
In an age of digital transformation, the legal industry is increasingly thinking about using AI and Large Language Models (LLMs) like GPT for document review, legal research, and even writing legal briefs. Yet, in our...more
In 1963, the Pennsylvania Supreme Court determined that there is no expectation of privacy when a private investigator follows an individual and photographs her on the street subsequent to her claiming personal injuries...more
You are in a contentious custody case. You and the other parent argue. Sometimes you are on the “giving” end, but most of the time you are the one receiving an unwarranted and unnecessary earful. While you know better than to...more
In Jinxin Inc v Aser Media PTE Ltd & Others, the High Court of England and Wales determined that directors’ personal emails and documents on a company’s computer system were confidential, despite the company’s ability to...more
We are observing growing regulatory scrutiny of advanced employee monitoring practices, particularly from the European Union. Here are the key takeaways... ...more
In a case brought against Cleveland State University, a federal court has ruled that it is unconstitutional for a state university to require a student to allow a virtual camera scan of their home testing area during a remote...more
Email communications can be a trap for unwary independent directors. The December 2020 In re WeWork Litigation decision illustrates the point, as discussed in this earlier blog. Specifically, directors who often use corporate...more
A recent federal case in New York cautions against failing to pay arbitration awards if the party wishes to keep an arbitration decision out of the public eye. ...more
Delaware Rule of Evidence 502(b) codifies the attorney-client privilege and insulates from discovery “confidential communications made for the purpose of facilitating the rendition of professional legal services to the...more
Citing new deposition testimony, actor Justin Theroux in a recent motion asked the New York Supreme Court to reconsider its December 2020 denial of Theroux’s motion to compel production of emails that his neighbor, Norman...more
In Silversmith v State Farm Insurance Company, 2021 W.L. 2910240 (Fla. 4th DCA July 7, 2021), Florida’s Fourth District Court of Appeal ruled that policyholders may openly videotape an inspection by the insurance company...more
In the recent decision of Commonwealth v. Mason, the Pennsylvania Supreme Court held that a nanny did not have a reasonable expectation of privacy while working inside the home of her employer. Thus, the employer’s decision...more
New York City apartment living can spawn interesting legal disputes when neighbors fail to resolve their grievances amicably and resort to the courts. Sometimes these disputes bring fanfare as well as opportunities to...more
Update: The First Circuit has granted en banc review of Moore-Bush. In doing so, the court has withdrawn the opinion detailed below. The full court will now consider whether the Fourth Amendment requires a warrant for placing...more
In ancient European lore, vampires cannot enter a home without being invited in. Once invited, they are free to pass at will, feasting on the inhabitants. Of course, this legend had a practical purpose – to teach the young...more
On Wednesday, Florida’s Fourth District Court of Appeal affirmed a lower court decision excluding video evidence that Florida prosecutors sought to use in their case against hundreds of men who allegedly patronized the...more