Header graphic for print
The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Privacy & Data Security

Subscribe to Privacy & Data Security RSS Feed

Your Trade Secrets May Be Vulnerable to “Legal” Theft

Posted in Compliance, Policies & Notices, Noncompetition & Other Restrictive Covenants, Privacy & Data Security

As in-house counsel, how would you like to tell your CEO: “While our customer lists, pricing information, and business processes are trade secrets, we can’t sue the independent contractor who stole them because we did not do enough to protect those trade secrets.”  Sound contrived?  Well, that is exactly the ruling one Massachusetts Superior Court… Continue Reading

5 Steps for Employer Use of Criminal Records: Part 3

Posted in Compliance, Policies & Notices, Confidentiality and Non-Disparagement, Discrimination, Hiring, Miscellaneous Employment, Privacy & Data Security

In Part 1 and Part 2 I discussed four steps that I recommend employers follow in using criminal records.  Here in Part 3 and the last part of this series, I address the process of the handling of the documents.  Step 5:  Handling Documents with CORI Criminal records information obtained from any source is confidential, and employers… Continue Reading

5 Steps for Employer Use of Criminal Records: Part 2

Posted in Compliance, Policies & Notices, Confidentiality and Non-Disparagement, Discrimination, Hiring, Miscellaneous Employment, Privacy & Data Security

In my prior blog post, I provided the first two steps for an employer to obtain and use CORI in Massachusetts based on the new CORI regulations issued on May 25, 2012.  This post addresses the next two steps in this process. These blog posts also address when an employer conducts its own CORI checks. … Continue Reading

In-House Counsel and the Attorney-Client Privilege

Posted in Attorney-Client Privilege, Privacy & Data Security

Because the role of most in-house counsel goes well beyond that of providing legal advice, whether communications with in-house counsel are privileged is a much more nuanced issue than it is with respect to communications with outside counsel. General Principles Applicable to all Claims of the Privilege 1.  Not all communications with attorneys are privileged; only communications for the purpose… Continue Reading

A Company’s Obligation to Preserve Electronically Stored Information

Posted in Discovery, Miscellaneous, Privacy & Data Security

While non-lawyers may not have heard of the term “spoliation,” most people intuitively know that destroying evidence related to an ongoing litigation is a bad thing to do.  Conversely, even many lawyers do not know the breadth of a company’s obligation to preserve evidence, particularly electronically stored information (which is quaintly referred to as “ESI”). … Continue Reading