Electronic Privacy in 2010
July 2010
Electronic Privacy in 2010: Text Messages, Personal E-Mail Accounts, Personal Smartphones, and “Friends Only” Social Media Pages
Program Description
Recent major decisions by the U.S. Supreme Court and the New Jersey Supreme Court address highly contentious and unsettled issues of electronic privacy and electronic monitoring in and related to the workplace. Employees are increasingly moving off the corporate e-mail server. They are conducting business and engaging in non-work-related activities, sometimes using employer-supplied equipment, through text messaging, personal e-mail accounts, personal smartphones, and “friends only” Facebook pages. In short, today's tech savvy workforce are using technology in ways that raise new privacy issues and that have rendered most electronic resources policies obsolete.
This presentation will provide the following insights and practical take-aways:
-The impact of the U.S. Supreme Court's recent decision in City of Ontario v. Quon
-The impact of the New Jersey Supreme Court's recent decision in Stengart v. Loving Care
-Employees' reasonable expectations of privacy
-Reasonable and lawful searches of employees' electronic communications
-Recommended policy language to address new technologies in the workplace
-Recommended strategies for lawful searches of communications off the corporate e-mail server
-How plaintiffs' counsel can protect their clients' privacy
Agenda
11:30 am - 12:00 pm
Registration
12:00 pm-1:00 pm
Program
Faculty
Philip L. Gordon, Esq.
Littler Mendelson, P.C.
Denver, CO
(303) 534-5100
Philip L. Gordon is a shareholder in the Denver office of Littler Mendelson, P.C., the nation's largest law firm representing only management in employment and labor law matters. Mr. Gordon chairs the Firm's Privacy and Data Protection Practice Group. He regularly counsels Fortune 500 companies, as well as medium-sized and small businesses, concerning compliance with the HIPAA Privacy and Security Rules, European data protection laws, and state data protection laws; security incident response and incident response planning; workplace monitoring of employee communications; background checks; and other privacy and information security issues. He also regularly defends employers in privacy-related litigation and in cases involving unfair competition and misappropriation of trade secrets.
Mr. Gordon speaks and writes extensively on the full range of workplace privacy and information security issues. He has given presentations to the International Association of Privacy Professionals (IAPP), the American Corporate Counsel Association, the National Retail Federation, the American Payroll Association, and the Ponemon Institute (a leading privacy “think tank”), among others. His articles have been published in a wide range of professional journals, including the Privacy and Security Law Report, World Data Protection Report, Employee Relations Law Journal, Executive Counsel, and Privacy Officers Advisor. His blog is located at www.workplaceprivacycounsel.com.
Mr. Gordon has taught privacy and information security law as an adjunct professor at the University of Colorado School of Law. He is a member of the Advisory Board of the Bureau of National Affair's Privacy and Security Law Report. He has served on the Educational Advisory Board and the Editorial Board of IAPP.
Mr. Gordon received his undergraduate degree from Princeton University and his law degree from the New York University School of Law. He served as a law clerk on the United States Court of Appeals for the Tenth Circuit.
Barry D. Roseman, Esq.
McNamara, Roseman, Martínez & Kazmierski LLP
Denver, CO
www.18thavelaw.com
Barry D. Roseman is a partner in the firm of McNamara, Roseman, Martínez & Kazmierski LLP, and has been representing plaintiffs in employment cases since 1975. He currently serves as a member of the National Employment Lawyers Association's Legislative Committee and as chair of its Judicial Oversight Committee. He served on NELA's Executive Board between the organization's founding in 1985 and 2007; is a former vice president of that organization; is one of the founders and is the chair of the executive board of NELA's Colorado affiliate, the Plaintiff Employment Lawyers Association; and chairs PELA's Legislative Committee. Mr. Roseman is the facilitator of NELA's private electronic bulletin board, NELANet. He is a fellow of the College of Labor and Employment Lawyers, has been listed in the Best Lawyers in America for more than 10 years, has been named one of the “best lawyers” in Colorado by Law Week Colorado, and has been listed as a “Super Lawyer” in Colorado for the last several years. He is a 1973 graduate of the University of Chicago Law School. He also is a fan of the Colorado Rockies, in both good times and bad.
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $69.00 |
| CBA | $59.00 |
- General Credits: 1.00
- Ethics Credits:
- EDI Credits:
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