Foley & Lardner Labor and Employment Law Weekly Update (Week of September 5, 2011)

Employee Email - When Does an Employee Have a Right to Object to a Subpoena? By Andrew B. Serwin One of the more challenging questions regarding email is when it is appropriate to produce email content to a party in litigation. In many cases, entities that are public service providers, usually...

ABA Provides Guidance for Ethical and Legal Duties When Employer’s Lawyer Obtains Employee’s E-mails With the Employee’s Lawyer

Another in Our Series of Hinshaw Lawyers for the Profession® Alerts American Bar Association Formal Opinion 11-460 : Duty When Lawyer Receives Copies of Third Party's E-mail Communications With Counsel (August 4, 2011) Hinshaw's legal ethics and risk management team has analyzed...

Attorneys' Duties Regarding Employee Emails

According to new ABA opinion letters, and a new article from Corporate Counsel, attorneys in employment law owe a duty to warn employee-clients about email interception. In ABA Opinions Clarify Ethical Obligations in Email interception , Jeff Campolongo addresses this "trending" topic in "employment...

No Expectation of Privacy in Emails Sent Over Employer's Email Account, Massachusetts Court Decides

Does an employer invade an employee's privacy by accessing and reviewing the employee's email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth , answers "no." For a two year period, the town of Falmouth, Massachusetts, used Google...

Your Employees Are Stealing Your Data

Employee resigns. But before her last day of work, Employee copies thousands of emails and documents from Employer's computer. Off goes Employee into the sunset. How often is this scenario? I bet most employers think this never happens in their workplace. I'd be willing to bet that it...

Frankfurt Kurnit Klein & Selz: Monitoring Employee E-mails

E-mail can be powerful evidence in a dispute, and whether employers and criminal investigators may use employee e-mail in litigation proceedings is a hot topic. A recent New York federal court decision outlined the current law in this area. In United States v. Finazzo , 2013 U.S. Dist. LEXIS 22479...

Boss Hacks Personal Email Account of Employee. Emotional Distress Follows.

Another case involving employer access to an employee’s personal email account. And the bad things that follow. The plaintiff was an administrative assistant to the Athletic Director of a public school district in Tulsa, Oklahoma. In her complaint, she alleged that she had reported that the...

Is It Time to Reconsider Your Personal Email Policy?

The Heartbleed Internet-security flaw has compromised the security of an unknown number of web servers. This is just one story in a string of recent headlines involving the vulnerability of the Internet sites. But consumers aren’t the only ones affected. The companies whose websites have been attacked...