Employee Theft in the Electronic Age
Why Attend?
Based on recent polls and studies in the United States and the United Kingdom, fully two-thirds of white collar employees take proprietary electronically stored information (ESI) with them when they leave their place of employment. As "innocent" data theft can look a lot like malevolent data theft to the untrained observer, it's imperative to be able to tell the difference. And how should employers handle damage control in relation to electronic data theft, so as to avoid undue cost and disruption? Furthermore, in whistleblower situations, how can employers balance the need to furnish internal information to an employee's counsel against the employer's right to control dissemination of data? Is there (or should there be) a qualified right for employees to take electronic data in violation of company policy when they have cause to believe that the employer will hide or destroy same? This issue causes significant tension, as whistleblowers may ultimately lose their case because they took electronically stored information to make their case! In addition, should computer forensics be used to investigate and defend against allegations of ESI data theft?
What You Will Learn
Whether you are an experienced employment law practitioner or you have a different area of specialization, knowing about how to prevent, pursue and otherwise deal with the theft of electronic records and other electronic material by employees is relevant to your practice—and your clients. Taught by a group of employment law experts, this audio-only program will examine:
Prevention
Policies and exit procedures
Investigations, monitoring and privacy issues
Surveillance (routine and situation-specific)
Public sector searches (Quon v. Arch Wireless Operating Co., 529 F.3d 892 (9th Cir. 2008))
Computer Fraud and Abuse Act issues
Endpoint devices - thumb drives - how to thwart theft using these devices
Filters
When is theft protected activity (e.g., Niswander v. The Cincinnati Ins. Co., 529 F.3d 714 (6th Cir. 2008))
After-acquired evidence
Ethical issues
The co-chairs of this teleseminar are a seasoned team of ALI-ABA presenters: Robert B. Fitzpatrick of Robert B. Fitzpatrick, PLLC, and Frank C. Morris, Jr. of Epstein Becker & Green, PC, both of Washington, D.C.
Invest just 90 minutes at your home or office to learn about issues relating to employee data privacy and how to prevent, pursue and otherwise deal with the theft of electronically-stored information by employees. This teleseminar comes to you live on Wednesday, September 30th, 2009, 1:00-2:30 pm EDT, via your phone or your computer. Its format will allow for questions to be submitted to the panel via email during the program. Corresponding course material may be downloaded or viewed online, but they may not necessarily be followed during the presentation.
Planning Chairs
Robert B. Fitzpatrick, Esquire, Robert B. Fitzpatrick, PLLC, Washington, D.C.
Frank C. Morris, Jr., Esquire, Epstein Becker & Green, PC, Washington, D.C.
Faculty
Craig D. Ball, Esquire, Law Offices of Craig D. Ball, P.C., Austin, TX
David J. Marshall, Esquire, Katz, Marshall & Banks, Washington, D.C.
Jeffrey M. Tanenbaum, Esquire, Nixon Peabody LLP, San Francisco, CA
For group tuition discounts, click on the Registration link at top and register online at the discounted rates, or go to the Group Webcast Page or email groupregistration@ali-aba.org for assistance.
Program Schedule
(All Times Eastern Daylight)
1:00 pm Employee Theft in the Electronic Age
--Panel discussion
2:15 pm Audience Questions
2:30 pm Adjournment
Total 60-minute hours of instruction: 1.5; Total 50-minute hours of instruction: 1.8
Suggested Prerequisite: Experience in employment law and litigation, and familiarity with issues relating to the maintenance and security of electronically-stored information.
Educational Objective: To learn about current issues relating to employee data privacy, and how to prevent, pursue and otherwise deal with the theft of electronically-stored information and other electronic records by employees.
Level of Instruction: Intermediate
Times
Eastern: 1:00 pm - 2:30 pm
Central: 12:00 noon - 1:30 pm
Mountain: 11:00 am - 12:30 pm
Pacific & Arizona: 10:00 am - 11:30 am
Alaska: 9:00 am - 10:30 am
Hawaii: 7:00 am - 8:30 am
