Employee Privacy in Electronic Communications: New Threat to Employers?

Crafting and Enforcing Policies for Work Computers and Mobile Devices

Stengart, Quon and other recent decisions expand employee privacy rights

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, July 8, 2010

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for employment counsel to develop and enforce computer policies that protect confidential business information without violating employee privacy rights. The panel will review the broad implications for employers of the Stengart and Quon rulings.

Description

Recent and anticipated court rulings on employee privacy rights in their electronic communications have broad practical implications for private and public employers struggling to craft and enforce computer policies that protect business information and limit employee privacy expectations.

The New Jersey Supreme Court recently held in Stengart v. Loving Care Agency, Inc. that attorney-client privilege protected a former employee's email exchanges with her personal attorney sent from her personal email but stored on her work computer.

The U.S. Supreme Court should issue a decision soon in City of Ontario v. Quon, an employee text messaging case expected to have far-reaching implications for employers' rights to monitor and access data stored at third-party communication service providers under contract with the employer.

Listen as our authoritative panel of employment attorneys discusses the far-reaching implications of the Stengart and Quon cases and other recent privacy cases for employers. The panel will explain strategies for employers and their counsel for developing and enforcing computer policies that protect confidential business assets while respecting employee rights to privacy.

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Outline

  1. Review of Stengart, Quon and other recent privacy cases and their implications for employers
  2. Application of rulings to other social media
    1. Blogging
    2. Social networking
  3. Best practices for establishing and enforcing corporate computer policies
    1. Clearly define systems covered by policy
    2. Clearly explain company ownership and monitoring of personal communications
    3. Regularly audit policies
    4. Response strategies when sensitive information is compromised

Benefits

The panel will review these and other key questions:

  • How are courts ruling on the expectation of privacy by employees in personal emails, text messages and social networking communications created on corporate computers or mobile devices?
  • What impact will the new Stengart and Quon decisions have on employer business practices?
  • How can employers craft and enforce computer and mobile device policies to protect confidential business information without violating employees' free speech and privacy rights?

Faculty

Philip L. Gordon
Philip L. Gordon

Shareholder
Littler Mendelson

Mr. Gordon is the Chair of the firm's Privacy and Data Protection Practice Group. He has years of...  |  Read More

Nick Akerman
Nick Akerman

Partner
Dorsey & Whitney

He is co-chair of the firm's Computer Fraud and Abuse practice. He represents clients in trial and appellate courts and...  |  Read More

Lauren E. Schwartzreich
Lauren E. Schwartzreich

Outten & Golden

She represents employees in discrimination, retaliation and wage and hour cases, including individual cases and class...  |  Read More

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