Fifth Circuit holds that employer’s access to data stored on employee’s personal cell phone not shielded by Stored Communications Act *

USA - January 24 2013
The intersection of individual employee privacy and the proliferation of the use of hand-held devices and smart phones for business purposes…

Co-authors: John Nadolenco, Andrew S. Rosenman, Bridget P. Kessler, Anthony J. Diana, Therese Craparo.

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The backlash to employers requesting applicants’ Facebook passwords *

USA - April 26 2012
Social media has come to play an increasingly important role in how businesses operate.

Co-authors: Richard E. Nowak, Andrew S. Rosenman, Robert P. Davis.

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New California law raises liability risk for misclassifying employees as independent contractors *

USA - November 10 2011
Many employers think they can save money by classifying their workers as independent contractors.

Co-authors: John Nadolenco, Jerome M. Jauffret, Lori A. Zahalka , Maritoni D. Kane.

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Second Circuit holds that “presumption of prudence” applies in ERISA stock drop litigation *

USA - October 20 2011
On October 19, 2011, a divided panel of the US Court of Appeals for the Second Circuit issued two long-awaited opinions addressing the legal standard governing breach of fiduciary duty claims brought against administrators of defined-contribution retirement plans in so-called “stock drop” cases.

Co-authors: Reginald R. Goeke, Robert P. Davis, Brian J. Wong.

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Continued impact of Dukes on class actions: Ninth Circuit cases on gender discrimination and wage and hour *

USA - October 11 2011
The decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) continues to have a profound impact on employment class actions across the country.

Co-authors: Lisa Walgenbach Cornehl, Lori A. Zahalka , Christopher S. Comstock , Robert P. Davis.

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