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No “publication” of IBM’s lost employee data, so no cyberinsurance coverage
  • Gardere Wynne Sewell LLP
  • USA
  • May 19 2015

The Connecticut Supreme Court ruled that IBM was not entitled to insurance for magnetic tapes that fell off a truck since there was "no evidence that


EEOC v. Freeman: another employer victory in EEOC’s enforcement efforts regarding employer use of background checks
  • Gardere Wynne Sewell LLP
  • USA
  • March 9 2015

Last summer, we wrote about the federal Fair Credit Reporting Act (“FCRA”) requirements in conjunction with the EEOC’s effort to sue employers who


LinkedIn allegedly violates federal law by making employment history available
  • Gardere Wynne Sewell LLP
  • USA
  • October 21 2014

A new class action lawsuit alleges that on LinkedIn "any potential employer can anonymously dig into the employment history of any LinkedIn member


BYOD ruling requires employers to reimburse for work-related calls
  • Gardere Wynne Sewell LLP
  • USA
  • August 22 2014

How will BYOD other than cell phones be impacted by a California court ruling that "when employees must use their personal cell phones for


President’s recess appointments exceed authority based on Supreme Court decision
  • Gardere Wynne Sewell LLP
  • USA
  • June 26 2014

After months of anticipation, the United States Supreme Court today issued its opinion in the Nat'l Lab. Relations Bd. V. Noel Canning case. No


The FCRA: a battle on two fronts for employers
  • Gardere Wynne Sewell LLP
  • USA
  • June 25 2014

As if employers were not already faced with enough headaches from employment-specific federal statutes, such as the Occupational Safety and Health


SEC brings first whistleblower retaliation action against hedge fund manager
  • Gardere Wynne Sewell LLP
  • USA
  • June 19 2014

On Monday of this week, the SEC charged hedge fund manager Paradigm Capital Management of Albany, New York with making improper principal trades and


Whistleblower protection for employees of public company contractors
  • Gardere Wynne Sewell LLP
  • USA
  • March 24 2014

For over a decade, the Department of Labor has interpreted Sarbanes-Oxley Act of 2002 as protecting employees of public company contractors. This was


Protecting internal investigations: a cautionary tale
  • Gardere Wynne Sewell LLP
  • USA
  • March 13 2014

A cringe-worthy order recently issued in a whistleblower case in the D.C. district court against Kellogg Brown & Root and related entities is worth


Supreme Court clarifies that whistleblower protection for public company employees also protects employees of contractors and subcontractors of public companies
  • Gardere Wynne Sewell LLP
  • USA
  • March 13 2014

To safeguard investors in public companies and restore trust in the financial markets following the collapse of Enron Corporation, Congress enacted