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Federal Law Allows Employer Search of Stored Worker e-Mail, Court Says
An employer does not violate the Electronic Communications Privacy Act by digging through an employee's e-mails in computer storage, since the law bans an “interception” only if it occurs at the time of transmission, the Third U.S. Circuit Court of Appeals ruled.
The judges held, in Fraser v. Nationwide Mutual Insurance Co., 2003 U.S. App. LEXIS 24856 (No. 01-2921), that since Richard Fraser's e-mails were stored on Nationwide's system, any search by the company was authorized by a provision in the ECPA that expressly exempts owners of e-mail systems from claims alleging illegal “seizure” of stored e-mails.
The unanimous three-judge panel also rejected Fraser's claim that he was wrongfully discharged in retaliation for his lodging complaints against Nationwide with state authorities and his efforts to get legislation passed that would have protected agents like himself from being fired for anything less than just cause.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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Legal Possession: What Does It Mean?
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The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.