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The Brave New World of e-Workplace Privacy Policies
Embodying some of the aspects of Big Brother is not a new role for an employer. Traditional concerns for employers have included: loss of information sensitive to the employer or to employees; harassing, discriminatory, or other conduct potentially leading to liability to third parties; forbidden fraternizing; misappropriation of trade secrets to form a competing venture; criminal activity; and “frolic and detour” or other slacking. In the past 15 years, however, workplaces have become increasingly digitized as electronic information has come to dominate all aspects of modern life. See generally, Robert D. Brownstone, Workplace Privacy Policies (Aug. 2009) (“Brownstone eWorkplace”), at 1-3, available at www.fenwick.com/docstore/publications/EIM/eWorkplace_Policies_Materials_Public_Sector_EEO_8-28-09.pdf#page=7. With the advent of Web 2.0 and User-Generated-Content (“UGC”) ' blogs, wikis and social-networking sites (such as Facebook, LinkedIn, MySpace and Twitter) ' there are heightened concerns surrounding employees' digital activity.
Part One of this article examines the potential liability for employers involved with social media and e-mail use. Part Two, next month, discusses implementing compliant and defensible workplace policies.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.