News & Analysis as of

Electronic Communications Employment Litigation

Fox Rothschild LLP

Preparing for a TikTok Ban: What Employers Should Do to Ensure Access to Crucial Information Before It Disappears

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In recent years, TikTok has become a widely used platform for communication and content sharing, boasting nearly 2 billion users globally and 170 million active users in the U.S. alone. And while other social media platforms...more

Kilpatrick

Blurred Lines: Personal Devices, Proportionality, and Piercing the Work Product Privilege

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In a fairly short opinion and order, the district court in Weston v. DocuSign, Inc. analyzed whether the parties were entitled to the production of text messages from former employees’ personal devices and potential piercing...more

Mayer Brown

When Is Client Contact Information Confidential?

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Confidentiality is a key consideration in any commercial endeavour. To retain a competitive edge in the market, a business will often do its utmost to maintain the confidentiality of client information and business...more

Spilman Thomas & Battle, PLLC

When Even Emojis are Evidence: The Importance of Clear Written Communication

People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are...more

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Ius Laboris

Can you be fired for sending private messages about colleagues?

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The German Federal Labour Court has clarified the rules on when an employee who makes offensive comments about colleagues in a private chat can be dismissed. According to a recent decision of the German Federal Labour...more

Poyner Spruill LLP

“It’s Not My Phone” May Be No Better an Excuse Than “My Dog Ate My Homework”

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Texting in the course and scope of business communications is almost ubiquitous.  If your company issued a phone to an employee, presumably your company has the ability to control and preserve text messages sent on it. ...more

Littler

Is an Emoji Worth a Thousand Words? The Impact of Emojis in the Workplace

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Work does not always occur within the physical confines of a workplace.  Indeed, due to the interconnectivity of today’s world, work often takes place in the digital space, where employees regularly use pictorial icons and...more

Parker Poe Adams & Bernstein LLP

Forensic Search of Employee's Work Computer Leads to Retaliation Claim

Companies are increasingly using sophisticated forensic tools to review employee computer use. These searches can reveal violations of company policies relating to computer use, confidential information disclosure, or...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sheppard Mullin Richter & Hampton LLP

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more

Parker Poe Adams & Bernstein LLP

Employer Prevails, But First Circuit Raises Questions Over Use of Screenshot Capturing Software

Most employers understand that with appropriate disclaimers, they have the right to monitor employee use of the company’s electronic communication systems. With that said, unhappy employees continue to attempt to use federal...more

Seyfarth Shaw LLP

Email Systems: GC Memorandum 18-02 Signals That The Trump Board May Review The Controversial Obama Board Changes Allowing...

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Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

Orrick, Herrington & Sutcliffe LLP

European Court Restricts Employer Access to Employee’s Private Communications

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Hogan Lovells

European Court Proposes Criteria for Assessing Employee Monitoring Activities

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On September 5, the European Court of Human Rights (ECHR) issued a ruling in the case of Barbulescu v. Romania that affirms employees’ right to privacy in the use of communications tools in the workplace. Although the ruling...more

Butler Snow LLP

What’s Mine is Mine, and What’s Yours is (Not) Mine . . .

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The Tennessee Business Court, now in Phase II of the Pilot Project continues to deal with interesting and contemporary issues. In Universal Strategy Group v. Halstead, Case No. 16-15-BC, Chancellor Lyle held, after a bench...more

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