Lawyers from BakerHostetler’s Privacy and Data Protection team, recognized as “Privacy Practice Group of the Year” for both 2014 and 2013 by Law360, hosted an informative webinar providing an in-depth discussion of the issues raised in our recent blog post on “FAQs by Employers Regarding the Anthem Data Breach,” included: Legal Obligations Under HIPAA The Duty to Notify … Continue Reading
Wednesday, February 11, 2015 | 1:00 p.m. – 2:00 p.m. EST | Register Now >> The recently disclosed Anthem data breach may affect as many as 80 million current and former members and has significant implications for employers. Depending on the nature of the contractual relationship with Anthem, employers may have legal obligations, particularly regarding … Continue Reading
Editor’s Note: This post is a joint submission to BakerHostetler’s Discovery Advocate blog. Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the administration of justice which the privilege entails.” But marital communications to … Continue Reading
Since June 2011, the Acting General Counsel (GC) of the National Labor Relations Board has issued three reports outlining the position of his office on the applicability of the National Labor Relations Act (NLRA) to employee policies that set rules for permissible social media use. The positions taken by the GC were considered by some … Continue Reading
With the law of privacy in social media communications evolving, the one constant take-away from court cases looking at social media use and monitoring in the workplace is a reliance on fact-dependent judicial decision making. Even through there is not yet a clear legal standard upon which to judge an employer’s actions, or even a … Continue Reading
Authorship Credit: Ellen J. Shadur The advent of social media and the prevalence of mobile communications devices challenge employers seeking to prevent unlawful conduct in the workplace. Employees are no longer constrained by the need for physical proximity, or lack of access to a bulletin board, a telephone landline, or a fax machine. Bullying and … Continue Reading
Authorship Credit: Tarsha Luke The recent termination of a top executive of a publicly traded company is another example of some of the perils of mixing personal and workplace social media. The chief financial officer for a women’s clothing retailer, Francesca’s Holdings, was dismissed for disseminating non-public corporate information to his Twitter followers. After a … Continue Reading
Baker Hostetler Partner Dan Guttman published “What Can Management Do to Protect the Organization from Inappropriate Use of Social Media?” in the winter 2012 issue of OHPELRA Update, the labor and employee relations trade publication covering all Ohio’s public employers. In the article, Mr. Guttman notes that although social media outlets, including Facebook and LinkedIn, provide … Continue Reading