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Report Link Avoiding Social-Networking Snafus.Fisher & Phillips, LLP - November 05, 2009 On September 15, 2009, Facebook announced that it served 300 million users worldwide. By comparison, on October 1, 2009, the United States Census Bureau's website indicated that the population of the United States was approximately 307.5 million. Report Link Worker Fired For Violating Computer Policy Gets No Sympathy.Ogletree Deakins - November 03, 2009 A federal appellate court recently rejected a lawsuit brought by a worker who was fired after his employer discovered that his password was used to access pornographic websites from a shared workplace computer. Finding that the trial judge correctly determined that the worker had failed to establish a genuine issue of material fact that would call into question his employer's legitimate, nondiscriminatory reason for the discharge, the Fifth Circuit Court of Appeals rejected the worker's age discrimination claim. Report Link Employee Who E-Mailed Company Documents to Home Computer Did Not Violate Computer Hacker Laws.Ford & Harrison LLP - October 29, 2009 The Ninth Circuit recently issued an opinion that demonstrates the importance of implementing clear computer access policies and ensuring that former employees' passwords are deactivated after their employment ends. In LVRC Holdings v. Brekka (9th Cir. Sept. 15. 2009), the court held that an employee who e-mailed company documents to his home computer did not violate the Computer Fraud and Abuse Act (CFAA). Report Link Social Media Reality Demands Management Attention.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 23, 2009 Virtually everyone has a camera phone these days, making it easy for bored or disgruntled employees to film what they perceive to be humorous pranks and disseminate the video for the world to see in a matter of a few minutes or even seconds. Unfortunately, what one person considers a harmless prank can cause a disastrous amount of damage for brand owners, wiping out the benefit of millions of dollars in brand advertising and years of goodwill. Report Link Employers Should Be Aware of the Results of Social-Media Survey.Young Conaway Stargatt & Taylor, LLP - October 22, 2009 There are more than 300 million Americans are Facebook users. Facebook users who are looking for work are having their profiles searched by the 45% of employers who are hiring as part of their background-search process. Report Link Use Facebook, Get Arrested. Use Twitter, Get Fired.Young Conaway Stargatt & Taylor, LLP - October 19, 2009 Social networking is a phenomenon that has taken over with shocking speed. The growth in popularity of sites like Facebook and microblogging application, Twitter, has exploded. (Facebook reported that it has 300 million users as of last month!) The problem with anything that grows so fast, though, is the growing pains that come with it. Report Link Computer Security: Employer Fails In Attempt To Use Federal Law Against Data-Stealing Employee.Barker Olmsted & Barnier - October 05, 2009 Most of the articles in our Legal Update report on cases involving employees suing employers, but sometimes the roles are reversed. LVRC Holdings, LLC (LVRC) was an employer that went on the offensive against two former employees. In a case titled LVRC Holdings v. Brekka, the employer filed a lawsuit in federal district court against its former employee, Christopher Brekka. Report Link Drafting An Effective Social-Media Policy.Fisher & Phillips, LLP - October 02, 2009 From Facebook to LinkedIn to Twitter, it seems that internet-based communications are everywhere. Some argue that Web 2.0 technologies, such as blogging, micro-blogging, photo-sharing, video-sharing, life-casting and networking, help companies meet their customers' needs and that social media supports the democratization of knowledge, news and even professional sports. But there are risks associated with employee social media use; risks that you can manage with a clearly defined policy regarding media use. Report Link Available All the Time: Etiquette for the Social Networking Age.Knowledge@Wharton (Reg Required) - October 01, 2009 After a long day at the office, imagine logging onto Facebook to see what your friends have been up to, only to have your boss or colleague message you about an urgent work matter. Aside from the fact that you are officially off duty, is it appropriate for your co-worker to reach out to you through a social networking forum? Was it wise to accept a colleague or higher-up as a "friend" to begin with? And -- perhaps more importantly -- in this day and age, when people are seemingly available around the clock because of smartphones and our endless appetite for all things online, is anyone ever really "off duty?" Report Link Micah Heilbrun Lays Boundaries Around Disciplinary Actions Against Employees for Online Activities (pdf).Littler Mendelson, P.C. - September 21, 2009 In this attorney-authored article, Micah Heilbrun of Littler's Houston office explains the potential risks that employers must consider when deciding whether to take disciplinary action against employees who post criticism or negative comments on social networking sites about their company. Key aspects that must be examined are: privacy issues; the potential coercion of employees by the employer to access the online content; and cost-benefit analyses. Report Link Remember That Post You Wrote About Me on MySpace? You're Fired.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 28, 2009 Employee gossip about workplace supervisors is as ancient as chatter around the water cooler. But the dynamics of workplace gossip have gone through massive changes since online social networking sites like MySpace and Facebook found their way into the workplace. In the case of Pietrylo v. Hillstone Restaurant Group, a federal jury in the United States District court for the District of New Jersey, Case No. 06-5754, sent a stern message to employers regarding social networking and its effect on the workplace. Report Link Missouri Court Paves the Way for Federal Jurisdiction for Claims of Misappropriation of Electronic Information by Departing Employees.Littler Mendelson, P.C. - June 03, 2009 A federal judge in the United States District Court for the Eastern District of Missouri issued a ruling affecting the remedies an employer may seek when a departing employee misappropriates information stored electronically in Lasco Foods, Inc. v. Hall and Shaw Sales, Marketing, & Consulting, LLC.1 The court broadly interpreted the Computer Fraud and Abuse Act (CFAA),2 paving the way for a federal remedy for employers whose former employees delete and/or steal company information. Report Link P2P File Sharing Networks – Unintended Gateway to Trade Secrets, Employee Sensitive Information.Jackson Lewis LLP - October 07, 2008 The same software that allows you and your children to share music and movie files may be placing your company at grave risk. Commonly referred to as “peer-to-peer” or “P2P” networks, file sharing technology is being used by millions to share electronic files with one another. Absent due care, however, this technology can cause a range of problems for any organization by making sensitive corporate financial information, trade secrets, and other corporate information, as well as personal employee and/or customer information, readily available to anyone on the P2P network. This article discusses some of the risks of P2P, as well as preventive strategies to protect valuable company assets and reputation. Report Link Where Technology and the Workplace Collide: An Analysis of the Intersection Between Employment Law and Workplace Technology (pdf).Fredrikson & Byron, P.A. - June 04, 2008 The authors look at a host of workplace technology issues, including
employee use and abuse of the Internet, e-mail, IM, cell phones, and
blogs, as well as an employer’s right to monitor and control an employee’s
use of technology in the workplace. The authors then focus on how
these issues intersect with employment laws, affect employers on a practical
basis, and land employers in litigation. Report Link Cyber Policies: Social Networking Sites Could Jeopardize Employment (pdf).Jones Walker - May 19, 2008 Unlike Vegas, what happens in cyberspace doesn't always stay in cyberspace. Report Link More States Enact Data Security/Breach Notification Legislation.Jackson Lewis LLP - April 29, 2008 Breaches of personal data continue to affect millions of individuals in the United States and internationally. To help protect their residents, state legislatures in the U.S. continue to pass laws aimed at protecting this data and requiring certain holders of data to provide notification in the case of a breach. While bills continue to be mulled in states such as Missouri, Alabama and Iowa, this article discusses briefly some recent developments in states that have enacted or are likely to enact data security legislation. As repositories for information subject to these laws, employers need to be aware of new mandates and be prepared to deal with the new notification requirements should a breach occur. Report Link Unmasking Illegal On-Line Activity.Shaw Valenza LLP - April 24, 2008 Most employers now have some web presence, through their own internet sites and also as an internet portal for employees who use the internet at work. Used illegally to spread defamatory statements or publish trade secrets, the internet has to potential to do significant damage to a business. Employers need to consider two related subjects: how to respond if defamatory or privacy-protected information about the organization is released on-line; and how to manage their own internet resources to avoid liability. Report Link Technological Advances - A Double-Edged Sword.Jackson Lewis LLP - January 25, 2008 To say that technology is changing daily is an understatement. In the business world, we take for granted many of the technological advancements that have allowed us do our jobs more quickly and efficiently than workers twenty - or even ten - years ago. However, the same technology that has increased productivity also has created new threats and challenges for employers. Report Link Responding to a Breach of Company Electronic Personal Information.Jackson Lewis LLP - October 03, 2006 Instances of identity theft, stolen laptops, unauthorized entries into electronic data bases and similar attacks on company-held personal data are on the rise, becoming more frequent and affecting more individuals. As a result of such security breaches, many people have had the unfortunate task of rebuilding their credit rating while their financial life is put on hold. The good news is that nearly all states have enacted laws to help individuals protect their personal information and avoid falling victim to identity theft. These measures range from codifying the crime of identity theft and increasing civil and criminal penalties to requiring specific protections for certain types of information, such as social security numbers. Report Link Erasing Computer Data on a Company Computer May Violate Federal Law (pdf).Buchanan Ingersoll & Rooney PC - May 19, 2006 On March 8, 2006, the United
States Court of Appeals for the
Seventh Circuit held that an
employee violated the Computer
Fraud and Abuse Act (CFAA) when
he used a secure erasure program
to delete data on a company
computer. Report Link "Deleting Data" Proves Costly For Employee (pdf).Ogletree Deakins - May 10, 2006 A federal appellate court recently
reinstated a lawsuit brought by an employer
against a former employee who
deleted all the data on his companyissued
computer following his resignation.
The court ruled that the employee
could be held liable under federal law
for loading software on the computer
which made recovering business files
impossible. International Airport Centers,
L.L.C. v. Citrin, No. 05-1522, Seventh
Circuit Court of Appeals (March 8,
2006). Report Link Employee's Deletion of Computer Files May Violate Hacker Law.Elarbee, Thompson, Sapp & Wilson, LLP. - May 04, 2006 Employees who destroy their employer's computer files on their way out the door may face liability under the federal Computer Fraud and Abuse Act ("CFAA"). Report Link Employees Who Delete Computer Data w/o Auth. Risk Prosecution under Computer Fraud & Abuse Act (pdf).Vedder Price - April 07, 2006 The U.S. Court of Appeals for the Seventh Circuit has
ruled that employers may pursue charges under the
Computer Fraud and Abuse Act, 18 U.S.C. §§ 1030 et
seq. (“CFAA”), against employees who permanently
delete information from company-provided computers
without authorization. Report Link Employers May Have a Remedy Under Federal Law Against Ex-Employees who Commit Computer Sabotage.Ford & Harrison LLP - March 29, 2006 The Seventh U.S. Circuit Court of Appeals has held that an employer can pursue its claims under the Computer Fraud and Abuse Act (CFAA) against an employee who permanently deleted files on an employer-provided computer before he quit to start his own competing business. See International Airport Centers, L.L.C. v. Citrin (7th Cir. March 8, 2006). The Seventh Circuit reversed a lower court's dismissal of the employer's claim against the employee and remanded the case for trial.
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November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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