It is a truth universally acknowledged that even the most well-written agreement never covers all potential issues that may arise in the future, and that when the rubber hits the road, the parties to the agreement never interpret its terms the same way.
It begins with a name ' perhaps an employee alleged to have been involved in misconduct or a suspected whistleblower. Regardless of the origin of identity, if the person is relevant to a company's internal investigation, whatever information that can be provided is power for the company, the power to make informed decisions.
In recent years, federal legislation has encouraged attorneys to become whistleblowers. These rules are in tension with the lawyer's duties of confidentiality and avoiding conflicts predicated on attorney self-interest because they allow disclosure of client confidential information more broadly than do applicable ethics rules.
Earlier this year, President Obama addressed the nation to outline steps he will take to rein in the surveillance activities of the National Security Agency. Obama noted that "challenges to our privacy do not come from government alone." The President's remarks were the culmination of a year in which consumer privacy issues have roared into the public narrative, and they underscore a theme that privacy lawyers had already sensed about their practice by the end of 2013: The tide is changing.
Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled.
Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in "sweat equity." The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.
It is (high) time to rewrite and modernize the law that regulates access to our private communications and to the detailed information those communications automatically create.
President Barack Obama's administration on Feb. 12 released its much-anticipated voluntary cybersecurity framework, giving U.S. companies a common handbook on how they can try to fend off hackers.
As of Jan. 1, 2015, the ACA begins to impose certain health coverage requirements on employers who have at least 50 employees. Even though its implications are almost a year away, it is not too soon for employers to prepare for the Employer Mandate. Employers would be wise to figure out if the mandate applies to them, understand the potential penalties that can be imposed on them and, taking into account all of the various considerations, decide if they want to pay or play.
Hoping the third time will be the charm, the FCC announced on Feb. 19 that it will craft new rules for net neutrality that will pass muster with the courts.
