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Total Articles: 11

Why Your Company Should Be Using Email Enterprise Vaults, Anti-Deletion Programming and Key Stroke Surveillance Software in the Face of Growing Cyber Threats and Trade Secrets Theft

Twenty-five years ago most companies’ greatest fear of espionage was employee theft at the photocopy machine at 2 in the morning. The company playbook could not be forwarded in an email or put on a thumb drive in a matter of moments and removed from company premises with no one noticing ready to be delivered by a disgruntled employee into the hands of a competitor.

Employers Have An Obligation To Provide Meaningful Direction To Employees In Email Searches, But Employers Can’t Be Compelled To Recover Company Emails Stored On Personal Accounts Of Employees

A recent case from the Northern District of California raises the importance of actively engaging with employees to coordinate the search for documents and electronically-stored information to comply with the employer’s discovery obligations. At the same time, the Court ruled that an employer cannot be compelled to produce business-related emails from the personal email accounts of its employees.

Public and Private E-mails Don’t Mix

Hillary Clinton recently made headlines for using her personal email account for business purposes during her tenure as Secretary of State. This high profile example provides us with an opportunity to reflect upon what is commonplace for some. It can be tempting for employees to use personal email accounts to conduct corporate business, particularly when working remotely. However, the highly sensitive nature of Clinton’s job raised questions over the security of using a non-work email account to transmit information. Depending on the nature of your job or the emails that you send, there are risks when mixing personal and business e-mails.

Supremes Leave PAGA Representative Claims Intact

Executive Summary: On January 20, 2015, the U.S. Supreme Court denied review of CLS Transportation Los Angeles, LLC v. Iskanian ("Iskanian"), a case which would have determined whether employees in California could continue to bring representative claims, despite the existence of arbitration agreements with mandatory class/representative action waivers. Companies operating in California may now need to rethink their use of arbitration agreements in light of the U.S. Supreme Court's ruling.

Does the Private E-mail Exist?

Innovations in technology have blurred the lines between work and private life. Many professionals regularly utilize personal devices, such as smart phones and tablets, while in the office, and can likewise access company files electronically through work-issued computers while at home. Given the lack of a bright-line distinction between that which is work and that which is private, employees may be tempted to engage in conduct on personal accounts or devices that would otherwise be clearly prohibited in the office.

Supreme Court Rules that Public Employee's Testimony Is Protected by First Amendment

Executive Summary: The U.S. Supreme Court recently held that a public employee's truthful sworn testimony, under subpoena, which was not part of his ordinary job duties, was entitled to First Amendment protection. See Lane v. Franks (June 19, 2014).

Auto-Forwarding Employee E-mails Presents Risk Under Federal Wiretap Act.

Employers’ ability to monitor e-mails sent by employees at work is a hot topic in privacy law and is being addressed by a growing number of courts around the country as the law works to catch up with technology. In Chicago, the Seventh Circuit Court of Appeals gave reason to view this issue from a different perspective, finding that an IRS agent violated the Wiretap Act by secretly setting up his boss’s e-mail account to forward all received e-mail messages to his own account.

Are Employees' Personal Emails On Work Computers Private? "Sometimes" Rules N.J. Supreme Court.

Until last week, most employers believed that they had the right to review -- and in fact owned -- any electronic information stored on company computers. In a recent decision, the New Jersey Supreme Court carved out an exception to this rule. When an employee exchanges emails with her attorney through a personal web-based email account using a company computer, that email is attorney-client privileged even though the computer may automatically create a viewable copy of the email's text in temporary internet files on the company computer. In addition to ratifying, once again, the sanctity courts grant to the attorney-client privilege, the case highlights the importance of well-drafted company policies to enforce workplace rules and protect employer rights. Although the precedent applies only in New Jersey, the decision is significant for all employers.

Regulating Employee Email.

Considering the widespread availability of computers and email to employees, it's hardly surprising that union organizers and pro-union employees now look to an employer's email system as a prime means of organizing. Here, in the context of an important new legal decision, we discuss options for lawful and effective management and control of your e-systems, including in particular your email systems.

Employees Blogging.

If it sometimes seems that everyone in the U.S. has a blog, there's a reason for it. Technorati, a website that covers the blogosphere, says it is tracking 112.8 million blogs currently, with 175,000 new blogs coming on line...each day. People blog about politics, entertainment, food and wine, and every intimate detail of their lives. They also blog about their employment – and their employers.

Venting Online: How To Deal With Employee Blogs.

Blogs (electronic internet diaries or postings) are booming. Employees are now using blogs to broadcast information and opinions worldwide. Inevitably, some of those employees will post negative, harassing, hostile, false, or confidential information and opinions about their employers and co-employees.
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