Featured Articles

Ninth Circuit Provides Some Relief for Employers and Executives Anonymously Trashed on the Web

July 23, 2010 15:23

Anonymous Internet posts attacking employers and executives have become all too common. Until the Ninth Circuit Court of Appeals’ decision last week in Anonymous Online Speakers v. United States District Court for the District of Nevada Reno, courts have relied on the First Amendment right to...

Recent Articles

Finding the Messages to Employers in $1.5M HIPAA Settlement

Privacy and Data Protection Practice Group
March 14, 2012 20:11

By Philip L. Gordon Yesterday’s $1.5M “Resolution Agreement” between Blue Cross Blue Shield of Tennessee (“BCBST”) and the U.S. Department of Health and Human Services (“HHS”), the agency responsible for enforcing HIPAA, is the fourth major settlement...

New Obligations for Massachusetts Employers Conducting Criminal Background Checks

Privacy and Data Protection Practice Group
March 08, 2012 23:28

Effective May 4, 2012, the Massachusetts Criminal Offender Record Information ("CORI") Reform Act (the Act), which was enacted in August 2010 with the controversial "ban the box" legislation, will significantly change the way employers access, use and maintain information...

NLRB Report Challenges Validity of Many Commonly Used Social Media Policies

Privacy and Data Protection Practice Group
January 27, 2012 23:29

By Philip Gordon In its most recent effort to draw lines on the self-described “hot topic” of the “lawfulness of employers’ social media policies and rules,” the National Labor Relations Board’s (NLRB) Office of General Counsel has taken the position that many...

What Does The Supreme Court's "GPS Decision" Mean For Private Employers?

Privacy and Data Protection Practice Group
January 24, 2012 19:48

By Philip L. Gordon The Supreme Court ruled unanimously yesterday that law enforcement must obtain a search warrant before placing a Global Positioning System (GPS) device on a suspect’s vehicle for purposes of tracking the vehicle’s location. The decision effectively overturned Antoine...

Is It Legal for an Employer to Secretly Track an Employee's Personal Vehicle 24/7 for One Month? Perhaps!

Privacy and Data Protection Practice Group
January 20, 2012 22:05

By Philip L. Gordon A recent decision by a New York appellate court is one of the first cases to address the surreptitious use of location tracking for employment purposes. The 3-2 split decision highlights the on-going disagreement among judges over the lawful use of Global Positioning Systems...

Upcoming Privacy Events

Privacy and Data Protection Practice Group
December 20, 2011 18:10

Philip Gordon will be speaking on a range of privacy and data protection issues at the following upcoming events: Date: January 11, 2012 Conference: BNA Location: Webinar Topic: Phil Gordon and Michael McGuire, Shareholder and Chief Information Security Officer at Littler, will co-present...

New Littler Blog: Employee Benefits Counsel

Privacy and Data Protection Practice Group
December 01, 2011 01:04

We are pleased to announce a new addition to Littler's blogroll: Employee Benefits Counsel Brought to you by Littler's Employee Benefits, ERISA and Benefit Plan Litigation, and Executive Compensation practice groups, this blog covers: Legislative and regulatory developments in the employee...

EEOC Advisory Opinion on Employer Use of Arrest & Conviction Records During Hiring Process

Privacy and Data Protection Practice Group
October 25, 2011 23:37

The Equal Employment Opportunity Commission's Office of Legal Counsel released an advisory opinion on employer use of arrest and conviction records during the hiring process. The non-binding letter provides some insight into the Commission's current enforcement position and suggests the Commission:...

California Restricts Employer Use of Credit Reports

Privacy and Data Protection Practice Group
October 10, 2011 17:53

On October 10, 2011, the Office of California Governor Jerry Brown announced that Governor Brown had signed AB 22, legislation that adds a new provision to the California Labor Code and amends the state's Consumer Credit Reporting Agencies Act to restrict the discretion that private and public...