A number of recent cases across the country have addressed the lines between employer property and employee privacy when it comes to employee computer use. More and more, employees are using their company-issued computers to communicate on personal matters (i.e. protected health information, attorney-client exchanges), and to receive, prepare, and/or store personal documents. In addition, and perhaps obviously, a great many employees use their work computers to access and post on Facebook, Twitter, Match, personal blogs, and other social media and networking sites. These issues have spawned lawsuits across the country about employees' privacy rights on their work computers, as well as unauthorized use or disclosure of company intellectual property while socially networking.
Along the same lines, courts across the country are irreconcilably split on whether district attorneys and employers may prosecute or sue employees under the federal "Computer Fraud and Abuse Act," 18 U.S.C. 1030 et seq., for employees' misuse of company computers and computer files. Many courts say "Yes" - employees may be sued or prosecuted under the CFAA for such misconduct. Many other courts say "No" - the CFAA was not written or intended to apply to employee misuse of employer computers. Congress and the Supreme Court have yet to weigh in.
You are invited to participate in Seyfarth Shaw's first 2012 Trade Secrets Group webinar, which will be co-hosted by Gary Glaser, a Seyfarth partner in its New York office; Brian Roche, a partner in the Chicago office, and Scott Schaefers, a senior associate in the Chicago office. These attorneys devote at least a significant part of their practices to litigating and counseling on trade secrets, restrictive covenants, and employee mobility issues. They will address the privacy, social networking, and CFAA issues described above, and will field online questions from the audience.
CLE credit will be available to participants.*
If you have any questions, please contact firstname.lastname@example.org.
Seyfarth has applied for CLE credit in IL, NY, and CA. If you would like us to pursue CLE credit in any additional states, please email email@example.com. Please note that in order to receive full credit for attending this webinar, the registrant must be present for the entire session. This program is appropriate for both newly admitted and experienced attorneys.