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Results: 1-10 of 19

Federal court finds plaintiff states valid claims against ex-employer that hacked LinkedIn account, but fails to award damages

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 2 2013

The Eastern District of Pennsylvania recently ruled that an employee properly pled several state law causes of action against her previous employer

Stored Communications Act prevents email service providers from complying with subpoenas for content of emails

  • Arnold & Porter LLP
  • -
  • USA
  • -
  • March 29 2013

A recent Northern District of California decision has restricted the right of litigants to obtain certain information from third-party email service

Work emails to spouses may not be protected by marital privilege

  • Debevoise & Plimpton LLP
  • -
  • USA
  • -
  • December 14 2012

Yesterday in a criminal case, United States v. Hamilton, 2012 WL 6000731, the U.S. Court of Appeals for the Fourth Circuit held that emails the defendant sent to his wife over his employer’s email system were properly admitted as evidence against him

eDiscovery Advantage, Volume 2, Issue 4 - 21112012

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • November 21 2012

Since the last edition of eDiscovery Advantage, predictive coding has again been the focus of judicial decisions, the International Trade Commission and the Federal Trade Commission have worked on streamlining eDiscovery through amendments to their internal rules, and New Jersey has passed legislation limiting an employer’s ability to gain access to employees’ social media accounts

No invasion of privacy when employer fires EMT for posting derogatory comments about patient on a fellow employee’s Facebook page

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 5 2012

When an employee posts derogatory comments about her employer or its patients on a fellow worker's Facebook page, the employee has no reasonable expectation of privacy and cannot complain of an invasion of privacy when she is fired because of the post and her defiant response to counseling about the post

Dispute over ownership of ex-employee's LinkedIn account highlights significance of robust social media policies

  • Duane Morris LLP
  • -
  • USA
  • -
  • November 1 2012

On October 4, 2012, the U.S. District Court for the Eastern District of Pennsylvania in Eagle v. Morgan granted in part and denied in part an employer's motion for summary judgment on an ex-employee's federal claims under the Computer Fraud and Abuse Act and the Lanham Act and Pennsylvania state laws for invasion of privacy by unauthorized use of her name, invasion of privacy by misappropriation of her identity, misappropriation of publicity, identity theft, conversion, tortious interference with contract, civil conspiracy, and civil aiding and abetting in an action related to ownership of her LinkedIn account

Employer may be liable for accessing employee’s LinkedIn account

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • October 16 2012

A Pennsylvania court recently found that a plaintiff who alleged her employer unlawfully took control of her LinkedIn account could not proceed on claims under the Computer Fraud and Abuse Act and the Lanham Act, although the court did find that the former employee could proceed on her state law claims for invasion of privacy, identity theft, conversion, and tortuous interference

Hacking and reading someone's online email just got easier in South Carolina

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • October 12 2012

Earlier this week the South Carolina Supreme Court ruled that accessing another person’s online (personal) email is not a violation of the federal Stored Communications Act

Keep your social media discovery targeted!

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • October 10 2012

We previously posted about the threshold issue of relevance in social media discovery in the context of EEOC v. Simply Storage, in which the Southern District of Indiana limited broad requests for social media to those relevant to the claimant’s mental and emotional health specifically, those communications, photographs, and videos that would “reveal, refer, or relate to events that could reasonably be expected to produce a significant emotion, feeling, or mental state.”

Losing the expectation of privacy bit by bit, byte by byte

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • July 17 2012

For a generation that has become exceedingly facile with electronic gadgetry and desensitized to the massive amounts of data this gadgetry produces, it perhaps comes as no surprise that video surveillance and on-line monitoring by employers of present and potential employees' electronic profiles and fingerprints have become the norm