Until December 11, employers thought that they owned their email systems and could limit their use to company business. On that day, a divided National Labor Relations Board (“NLRB”) ruled “not so.” In Purple Communications, 361 NLRB No. 126 (Dec. 11, 2014), the NLRB ruled that employees who have access to an employer’s email system as part of their job … Continue Reading
A company faced with a security breach has a lengthy “to do” list, things to accomplish with respect to its incident response plan. It must, among other things, determine the root cause of the vulnerability or breach, investigate and eliminate the vulnerability or breach, determine the full nature and extent of the breach, determine who to notify and finalize the … Continue Reading
This week, the Connecticut Supreme Court issued an opinion which upheld a state common law negligence action against a healthcare provider for violation of privacy and confidentiality laws and regulations using as evidence of the standard of care the Health Information Portability and Accountability Act (HIPAA) and its accompanying regulations. The court denied defense arguments that HIPAA, which expressly does … Continue Reading
The IP Institute brings together preeminent speakers from leading companies and law firms to share tips “from the trenches.” The Institute covers a great array of topics affecting our clients, such as trademarks, copyrights, licensing, litigation, … Continue Reading
On October 1, 2014, Michael D. Wexler and Robert B. Milligan, partners and co-chairs of Seyfarth Shaw’s Trade Secrets, Computer Fraud & Non-Competes practice group participated in a Q&A mini-roundtable from Corporate Disputes Magazine on current trends in trade secret disputes and the steps companies can take to reduce these disputes. Below are fielded questions from the Seyfarth Shaw Reprint … Continue Reading
Ever since the first laws on the 35-hour week were enacted over fifteen years ago, monitoring working time has been a headache for employers in France. With the introduction of new technology and mobile devices, the situation has worsened. The French approach to flexible working is to reaffirm that employees have the right to … Continue Reading
While the Supreme Court has taken some heat in the past for seeming to misunderstand technology and how it impacts the normal person’s life, with Riley v. California the Court demonstrated not only an unexpected fluency with how mobile phone technology has evolved, but also with how it has caused our daily sphere of privacy expectations to evolve. Just like … Continue Reading
Not as widely covered as a bill currently pending before the Massachusetts legislature that would ban employee non-competes in the Commonwealth is a lesser known bill, entitled “An Act Relative to Social Media Privacy Protection” (S.2118), that would prohibit employers from requiring employees or applicants to hand over their social media log-in information, or requiring employees to accept … Continue Reading
The commercial and personal use of drones are becoming increasingly more prevalent. Indeed, there were allegations during the ongoing World Cup that a drone was purportedly used to spy on a team’s practices by an opponent who was looking to gain a competitive advantage. Josh Salinas weighs in on the potential threat drones may pose to the protection of trade … Continue Reading
On Thursday, June 19, 2014 at 12:00 p.m. Central, Laura Maechtlen and Michele Haydel Gehrke will present the webinar Bring Your Own Device Policies. As employees have widely adopted personal mobile devices such as smartphones and tablets, there has been a parallel trend of employers allowing (or requiring) their employees to use their own personal mobile devices at work. This … Continue Reading
Cross Posted from Global Privacy Watch
The White House released a set of reports this month on Big Data and the privacy implications of Big Data. While a number of folks have been discussing the President’s Council of Advisors on Science & Technology (“PCAST”) report, I would offer that the Office of Science and Technology Policy (“OSTP”) report needs … Continue Reading
On Wednesday, May 28, 2014 at 12:00 p.m. Central, Seyfarth attorneys Bart A. Lazar, Robert B. Milligan and John P. Tomaszewski will present the third installment of its 2014 Trade Secrets and Data Protection Webinar series. Please join us for a high level discussion as we take a closer look at avoidance and mitigation techniques for data breaches, including where … Continue Reading
There is no denying that social media is an ever-present issue in the workplace and in our personal lives. Since April 2012, a growing number of states have passed some form of social media privacy legislation. Nearly all other state legislatures, as well as Congress, considered, … Continue Reading
On April 16th, Scott Schaefers spoke with LexBlog’s Colin O’Keefe in a live online interview about what employers need to know about the social networking privacy legislation passed by thirteen states in the last two years. Scott discussed Seyfarth’s soon-to-be-published survey of that legislation, as well as some ideas of what employers can do to protect its proprietary assets. Those … Continue Reading
Significant recent developments in Illinois and other states, as well as Congress, have changed the landscape of trade secret and restrictive covenant enforcement and protection. Understanding the impact of these changes, and the tools now available to employers for trade secret and restrictive covenant enforcement and protection, will help a company safeguard its most valuable assets and maintain its competitive … Continue Reading
Cross-Posted from The Global Privacy Watch
With all the high-profile cybersecurity breaches that seem to be in the news lately, there is a plethora of “guidance” on cybersecurity. The Attorney General of California has decided to add to this library of guidance with her “Cybersecurity in the Golden State” offering. Cybersecurity is a pretty mature knowledge domain, … Continue Reading
As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry about the big data and IP business strategy by technology lawyer and IP strategist Joren De Wachter. Joren serves as a Co Chair with me on the ITechLaw Intellectual Property Law Committee and has an excellent blog of his … Continue Reading
As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all … Continue Reading
Throughout 2013, Seyfarth Shaw LLP’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever changing area of law.
The series consisted of twelve webinars:
Last month, the Occupational Safety and Health Review Commission (“OSHRC”) refused to release SeaWorld’s new safety protocols for trainers interacting with killer whales, despite a recent court ruling that such protocols do not qualify for trade secret protection. The new protocols include new safety measures taken by SeaWorld in the wake of the death of trainer Dawn Brancheau, who was … Continue Reading
The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released its draft of a voluntary cybersecurity framework last Tuesday that provides a means to better evaluate cyber risk, and prepare better defenses against ever-increasing online attacks.
Prudent employers are often looking for areas in their business where valuable company data may not be adequately protected.
Enter the growing prevalence of third party online data storage for professional and personal use in the workplace, coupled with the increasing accessibility provided by employers to access company data remotely.
While … Continue Reading
A California federal court recently issued a substantial monetary award in favor of Facebook and permanent injunction against a website that enabled its users to aggregate their data in social networking sites and messaging services.
Summary of the case. Power Ventures, Inc. (PVI) operates a website called power.com which integrates multiple social networking accounts. In late 2008, PVI began permitting … Continue Reading
Following a growing recent national trend, Judge Martini of the District Court of New Jersey issued summary judgment to Defendants Monmouth-Ocean Hospital Service Corporation (“MONOC”) and two of its senior management employees on August 20, 2013, in a claim brought by a former nurse and EMT, Deborah Ehling, who accused MONOC of retaliation and other claims.
Ehling’s claims, in part, … Continue Reading