The Privacy Insider Podcast Episode 16: Protecting Privacy at Every Walk of Life with France Bélanger and Donna Wertalik of Virginia Tech
The Privacy Insider Podcast Episode 11: Signal and Noise: The New Administration, Privacy, and Our Digital Rights with Cindy Cohn of Electronic Frontier Foundation
Law Brief®: Rich Schoenstein and Joshua Ritter Discuss Cameras in the Courts
Webinar Recording – Assessing the Surge in Wiretap Litigation
1984 in the Workplace — Is Employee Surveillance Trending?
Workers' Compensation Academy: 2020: A Unique Year in Many Ways Including Changes in New Jersey Workers’ Compensation
Workers' Compensation Academy: The Smoking Gun: Importance of Investigation in Insurance & Workers’ Compensation
I’ll be watching you: The ins and outs of employee monitoring
Is Edward Snowden a Whistleblower?
California is adapting to the prevalence of technology in the modern workplace – especially artificial intelligence – as these digital tools become more embedded in business infrastructure. ...more
California continues to police artificial intelligence (“AI”) in the workplace. Following proposed rulemaking on the use of AI for significant employment decisions, Assemblymember Isaac Bryan introduced Assembly Bill 1221...more
Employers that use tracking technology and artificial intelligence (AI) to monitor workers and make employment decisions may now have one more thing to worry about—the Fair Credit Reporting Act (FCRA)....more
2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more
On November 15, the U.S. Department of the Treasury published final regulations to implement its long-awaited “Outbound Investment” Security Program, which the Biden Administration originally introduced in August 2023 under...more
Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more
Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more
Employers that use artificial intelligence – and developers that create AI systems – could be subject to extensive new laws under several bills introduced by federal legislators. While much of the existing legal landscape on...more
Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more
The FTC has become big on the late December surprise. In late December 2022, the agency announced the health claims guidance, which was quite a big deal for advertisers. This December there were two late December...more
In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more
Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt” as well as worker...more
A U.S.-based employer faced legal consequences after it terminated a remote employee in the Netherlands who refused to keep his camera on for the whole nine-hour workday. The Dutch Court held that the dismissal of the...more
The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more
On October 20, 2022, the Federal Trade Commission (FTC) announced the launch of a new rulemaking process to address how fees are charged for goods or services, focusing on potentially “deceptive or unfair” fees that the FTC...more
There is new hope for companies that transfer data from Europe to the United States that the return of a less administratively burdensome mechanism is on the horizon...more
Earlier this week, the Federal Trade Commission (FTC) announced that it was initiating a rulemaking to “crack down on harmful commercial surveillance and lax data security.” More specifically, the agency issued an...more
On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more
With the rise of remote work, employers are increasingly considering measures to monitor employee’s work, whether for security purposes, or to monitor productivity. But employers take note: some states are starting to weigh...more
Case law recognizes that constant and continuous video surveillance of employees may constitute an unreasonable working condition, and thus violate section 46 of Québec’s Charter of Human Rights and Freedoms (“Charter”), when...more
A lawsuit filed in North Carolina claims that, under the First Amendment, surveyors cannot stop drone operators from selling photos taken from above and making maps....more
On October 6, 2020, the Court of Justice of the European Union (the “Court”) ruled that principles of EU law prevent Member States from requiring a provider of electronic communications services to indiscriminately retain...more
In one of the world’s first test cases regarding the legality of the use of automated facial recognition and biometric technology, on 11 August 2020 the English Court of Appeal handed down judgment in R (Bridges) v CC South...more
The Court of Justice of the European Union (CJEU) Invalidates the EU-U.S. Privacy Shield- On July 16, 2020, the CJEU invalidated the EU-U.S. Privacy Shield (the Privacy Shield) in its decision in Facebook Ireland v. Schrems...more
Washington state has joined the growing ranks of states considering data privacy legislation in the wake of the European General Data Privacy Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Senate Bill 5376,...more