By Robert Milligan, Jessica Mendelson, and Joshua Salinas

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 Neglect of Cloud Computing Policies In Workplace Can Provide Perfect Storm for Trade Secret Theft

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 Computer Fraud And Abuse Act Violated By Bundling Facebook And Other Social Networking Accounts Without Authorization

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 District Court of New Jersey Continues Growing National Trend Permitting Employers to View “Publicly” Available Social Media Posts

Big Brother can’t ask for access to your “personal” social media accounts in the public hiring and employment setting except in certain narrow circumstances if Governor Jerry Brown signs a new social media privacy bill recently passed by the California legislature.

The California Senate passed a bill to extend California’s social media privacy law to public employers last week.

The
Continue Reading California Legislature Passes Bill To Extend Social Media Privacy Laws To Public Employers

In dismissing a claim for violation of Fourth Amendment rights, the United States District Court for the District of Nevada in Rosario v. Clark County School District, No. 2:13-CV-362, 2013 U.S. Dist. LEXIS 93963 (Nev. Jul. 3, 2013) recently became the latest court to hold there is no reasonable expectation of privacy in Twitter tweets.

This case arises
Continue Reading Nevada District Court Finds No Reasonable Expectation of Privacy in Private Twitter Posts

On Wednesday, July 24, 2013 at 12:00 p.m. Central time, Seyfarth attorneys Robert Milligan, John Tomaszewski, and Joshua Salinas, along with Anthony Wong, a renowned IP and IT expert from AGW Consulting in Australia, will present the seventh installment in Seyfarth’s 2013 Trade Secrets webinar series. They will discuss how the Big Data Revolution has created a new
Continue Reading Upcoming Complimentary Webinar: The Big Data Revolution – How Big Data Impacts Trade Secret, Computer Fraud and Privacy Law

Nevada and Colorado recently passed employee social networking privacy laws. Both laws prohibit employers from requiring disclosure of employees’ or applicants’ personal social-networking account login information, and from retaliating against them for refusing to provide that information.  But one or both of these statutes are somewhat different from other states’ social networking laws in that:

  1. The Colorado law does not


Continue Reading Nevada and Colorado Pass Employee Social Networking Privacy Laws

Following up on my recent posts on lawmakers working to implement social media password laws in Oregon, Washington and Vermont, I had the opportunity to speak with Colin O’Keefe of LXBN. In the brief interview, I explain that the laws are very similar to what we’ve seen elsewhere in the country and, like those, that there are loopholes employers
Continue Reading Video Interview: Discussing Social Media Password Laws with LXBN TV

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog post by digital forensics experts James Whitehead and Arnold Garcia with iDiscovery Solutions. -Editor Robert Milligan  

By James Whitehead and Arnold Garcia

Smartphones, tablets and other “Smart” mobile devices are becoming a mainstay within the corporate landscape. Today’s mobile devices
Continue Reading Mobile Device Forensics – Are You in the Know?