LexisNexis® Legal Newsroom
Disturbing Study About the (Mis)Use of Employers’ Confidential Information

Here's the good news: According to a recent survey conducted by FileTrek , 79% of Americans believe that removing confidential files from the office is grounds for termination. Here's the bad news: 90% think that employees do it anyway. What is the most popular method of removing information...

Terminated CFO Illustrates the Confidentiality Risks Social Media Pose

According to a recent survey by Intel (h/t: Lifehacker ), 85% of American adults share information about themselves online, while 90% think others are sharing too much. Maybe the former CFO of Francesca's Holdings Corp., Gene Morphis, should have heeded the latter and shared less about his company's...

Confidential workplace investigations are under attack … by the EEOC?

Earlier this month, I took the NLRB to task for its holding in Banner Estrella Medical Center that an employer's request to employees not to discuss a workplace investigation with their coworkers while the investigation was ongoing violated the employees' rights to engage in protected concerted...

Is the NLRB In Need of a Dictionary?

A recent decision by the NLRB has many employers (and their lawyers) up in arms. It has left me wondering whether maybe the Board needs a dictionary. In Banner Health Systems , 358 NLRB 93 (2012), the Board held that an employer's instruction to employees to keep information confidential during...

NLRB "Advice" Concerning Employer Investigations

In Verso Paper , the Division of Advice reviewed an employer's confidentiality rule and found it to be unlawfully overbroad. The rule was overbroad because it did not provided for confidentiality on a case by case basis consistent with the Board's ruling in Banner Health System , 358 NLRB...

A Perk of BYOD Policies at Work

Employers face a serious challenge when trying to prevent employees from taking confidential and proprietary information with them when they leave to join a new employer—particularly when the new employer is a competitor. When an employer becomes suspicious about an ex-employee’s activities...

Three Tips for Protecting Your Electronically Stored Confidential Information

Employers, do you know what apps your employees are using? That’s the question posed by a recent article in the WSJ. ( See Companies Don’t Know What Apps Their Employees Are Using ). My guess is that the answer to this important question is, “No.” Here are my top tips for how...