Tag Archives: employee

IRS Warns of “Surge” in Tax Season Phishing Scams

tax iconTax season ‘tis the season to be phishing, according to the IRS.  The IRS has issued a warning to payroll and human resources professionals about a “surge” in phishing emails seen this year.  One of the preferred tactics of identity thieves this year appears to be impersonating CEOs and sending emails to company payroll and human resources departments asking for employee W-2s. … More

U.S. District Court Narrowly Construes Computer Fraud and Abuse Act

In the following article from Massachusetts Lawyers Weekly (reprinted with permission), Brian Bialas comments on the latest Computer Fraud and Abuse Act case, and the resultant split in the District of Massachusett on how to interpret the CFAA: 

Ex-employees sued over computer use
Judge narrowly construes CFAA

By Eric T. Berkman

A technology company could not sue former employees for downloading proprietary information onto personal storage devices before they joined a competitor without showing that the employees had physically accessed the information through fraudulent or unlawful means,… More

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

In a post from earlier today, my colleagues, Lyndsey Kruzer and Mike Rosen, discuss the NLRB’s conclusion that social media comments can be protected activity:

The National Labor Relations Board (NLRB) recently issued a significant decision – solidifying the position it has staked out over the past 18 months – that an employee’s posts on social media may be entitled to protection under the National Labor Relations Act (NLRA),… More

Another Big HIPAA Settlement: The UCLA Health System Settles for $865,000

In another sign that OCR is continuing to seek significant penalties for HIPAA violations, it announced on July 7 that the UCLA Health System ("UCLAHS") has agreed to settle potential violations of the HIPAA Privacy and Security Rules for $865,500 and has committed to a corrective action plan aimed at remedying gaps in its compliance with those rules.  This follows on the heels of Massachusetts General Hospital’s $1 million settlement with OCR.… More

Some Tips for Protecting Your Data when Dealing with Vendors

I recently attended the 10th Annual Legal and Compliance Forum on Privacy & Security of Consumer and Employee Information in Washington, DC. It featured a particularly lively panel on “Oversight of Third-Parties and Vendors: Managing and Controlling Relationships Through Effective Due Diligence and Contract Negotiation.” Below are some  key points the panelists discussed; some may seem obvious, but they are nevertheless important measures to consider as part of your vendor relationships:

  • Be able to terminate the relationship without cause.  …
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Restricting Employees’ Internet Conduct May Violate Federal Labor Law

The following post was drafted by my colleagues Rob Fisher and Brian Bialas; although their focus is on the employment law aspects of this issue, the implications for corporate security/privacy policies are significant.  In particular, they note that such policies must not prohibit employees from criticizing their employer.  Time to check your existing policies on this point.

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The rise of social media websites has created a host of challenges for employers.… More

Departing Employees Are Increasingly Stealing Company Information

As discussed by Mike Rosen on Foley Hoag’s Noncompete Blog here, and reported by the Washington Post and CNN, a recently released report by Symantec Corp. and the Ponemon Institute (which can be found here) revealed that 59% of ex-employees who leave their employment are stealing company information, and 67% of those who admitted to stealing company information also admitted that they used that information to leverage a new job.… More