What's the Tea in L&E? Can You Share An Employee's Medical Info?
The new flexible work environment created in the post-pandemic years poses unique challenges for companies and individuals who work outside a traditional office. The SEC knows this and is actively enforcing the securities...more
I just came across a decision issued in the District of Massachusetts, Logue v. The Rand Corporation, and it reminded me of some key aspects of the attorney-client privilege related to in-house counsel about which I have...more
Text messaging is convenient. It is an informal and instant mode of communication now available through numerous apps, which allow an individual to use their synced phone, tablet, and computer to quickly fire off messages. ...more
Thanks to multiple means of electronic communication that are available these days, employees communicate with each other more quickly and easily—and as a result, more frequently—than ever before. Email and other electronic...more
Electronic communications exacerbate judges' already difficult task of determining if employees copying lawyers on their communications with fellow employees are implicitly seeking legal advice – and thus deserve privilege...more
With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more
Experienced practitioners know that the purpose of the attorney-client privilege is to protect the confidentiality of client communications. Thus, as company policies that allow monitoring of emails or provide third party...more
In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more