People v. Klapper, — N.Y.S.2d —, 2010 WL 1704796 (N.Y.City Crim.Ct., April 28, 2010) Let’s hope that’s an overstatement. A recent case from a criminal court in New York dealt with whether an employer violated the state’s law prohibiting unauthorized use of a computer (Penal Law 156.05). Though the court probably came to the right [...]
Archive for the ‘Employment’ Category
Judge: the concept of internet privacy is a fallacy upon which no one should rely
May 4th, 2010
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Emails sent through Yahoo account using work computer protected under attorney-client privilege
March 31st, 2010
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The New Jersey supreme court has held that emails an employee sent to her lawyer using her company-issued computer and a personal Yahoo account are protected by the attorney-client privilege. Stengart v. Loving Care Agency, Inc., — A.2d —, 2010 WL 1189458 (N.J. March 30, 2010) The New Jersey courts have a reputation of being [...]
Probable cause existed to arrest employee for criminal data tampering
February 5th, 2009
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Deng v. Sears, Roebuck & Co., 552 F.3d 574 (7th Cir. January 5, 2009). Employee Deng got a bad review from his employer Sears, Roebuck & Co. Disaffected, he took disability leave but continued to come into the office. On one of these visits, he deleted a bunch of data relating to work he had [...]
No CFAA claim where no impairment of system or data
January 12th, 2009
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Andritz, Inc. v. Southern Maintenance Contractor, LLC, 2009 WL 48187 (M.D. Ga. January 7, 2008) When defendants Pettit and Harper worked for plaintiff Andritz, Inc., they had company-issued laptops with which they accessed proprietary information. After defendants resigned, they allegedly took that proprietary information and gave it to defendant-competitor SMC. Andritz sued in federal court, [...]
North Carolina supreme court reverses employee hard drive removal decision
June 15th, 2008
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Removal of hard drive and false claim of copyright ownership in company website and catalogs were misconduct sufficient to disqualify former employee from receiving unemployment benefits. Binney v. Banner Therapy Products, Inc., — S.E.2d —-, 2008 WL 2370887 (N.C. June 12, 2008) I covered this case back in 2006 after the appellate court’s decision. Now [...]
Be careful with email because your employer is “looking over your shoulder”
November 15th, 2007
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Workplace email policy destroyed attorney-client privilege Scott v. Beth Israel Medical Center, — N.Y.S.2d —-, 2007 WL 3053351 (N.Y. Sup. October 17, 2007). Dr. Scott, who used to work for Beth Israel Medical Center in New York, sued his former employer for breach of contract and a number of other different things. Before he was [...]
Employer immune under Section 230 in suit over employee conduct
December 19th, 2006
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Employee fired for claiming copyright in website can get unemployment benefits
August 3rd, 2006
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Update: This decision was reversed by the North Carolina Supreme Court at Binney v. Banner Therapy Products, Inc., — S.E.2d —-, 2008 WL 2370887 (N.C., June 12, 2008). Christina Binney was one of the founders of Banner Therapy Products, and worked as the company’s treasurer. She was also responsible for Banner’s computers, and designed its [...]
Secretary fired for accessing boss’s private e-mail gets unemployment benefits
March 10th, 2006
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