To say that Facebook and social media have complicated the relationship between employer and employee and, specifically, what an employee can say or do with respect to his/her work, is an understatement. Social media has added a new dimension to analyzing the intersection between employee speech and protected activity under the National Labor Relations Act (the “NLRA”), and the level of protected activity has reached a new low.A new line has been drawn in the sand, and the “outer-bounds of protected, union-related” activity has been reestablished by the United States Court of Appeals for the Second Circuit. In National Labor Relations Board v. Pier Sixty, LLC, the Second Circuit was tasked with the challenge of determining to what extent the NLRA protects an employee’s comments on social media and the point at which an employee’s conduct is so “opprobrious” (i.e. abusive, pejorative, obscene, libelous) as to … [Read more...] about Say What? Second Circuit Establishes New Outer-Bounds Limit to Protected Employee Speech
Iphone says no service
There’s no denying the competition in smartphones is hot. With new phones, operating systems and a slew of task-specific apps, it’s hard not to be tempted—and confused.So the ABA Journal asked two tech-savvy lawyers, Finis R. Price III and Ryan C. McKeen, to state the case for two of the hottest brands: Price extols the virtues of Apple’s iPhone and McKeen talks up the Droid, one of the phones using Google’s Android OS. Neither is forgetting about the legal practice leader, RIM’s ubiquitous BlackBerry. But their goal is to convince a jury of their peers that their choice of smartphone is the best of the bunch.OPENING STATEMENTSMcKeen: The Droid is a you phone. The Android platform is a you platform. If you don’t like your phone’s background, that’s easy to change. If you don’t like the browser it comes with, you can find one you do like.I focus on the Motorola Droid, but the Android platform is where it’s at for … [Read more...] about Droid v. iPhone
Some lawyers are giving up their BlackBerrys for iPhones, preferring the latter gadget’s big screen and slick interface. Others are holding on to their BlackBerrys because they offer greater e-mail capabilities. And some, like Weil Gotshal associate Amber Taylor, are using both.Taylor told the Industry Standard that she uses her BlackBerry for office e-mail because it runs on LotusNotes and is not supported by the iPhone. But she likes the iPhone for online legal research and personal e-mail. “I was really anticipating the switch from two devices to one, but I just bought a Kindle 2, so at this point my purse is going to be full of electronics no matter what,” she told the Standard.The American Lawyer reports that several large law firms are supporting iPhones. About 160 lawyers at Chapman and Cutler use iPhones instead of BlackBerry or Treo devices. Sonnenschein Nath & Rosenthal’s chief information officer says the firm has “a couple of … [Read more...] about Some Big Firm Lawyers Give Up BlackBerrys for iPhones
Should you trust that Apple protects your privacy in its new iPhone and iPad update? Probably not, according to the bloggers at GottaBeMobile.As ABA Techshow speakers pointed out in March, lawyers must be especially vigilant about securing their mobile devices to guard any potentially sensitive client data. Here are some things you can do to protect yourself after downloading iOS 8 or purchasing an iPhone 6.The post mentions “Diagnostics & Usage Data,” which can be found in the “Settings” icon, under “Privacy.” If you don’t check off the “Don’t Send” option, “pretty much everything you do on your iPhone or iPad” is tracked by Apple, according to the article. Apple says that it’s sent anonymously, and used to improve users’ iOS experiences, “but we all know that’s kind of bologna,” GottaBeMobile opines.Turning off the camera app’s location services, which shows exactly where … [Read more...] about How can you protect your privacy following recent iPhone updates?
The Apple vs. federal government face-off has a new wrinkle. The iPhone of San Bernardino shooter Syed Farook, who killed 14 people in a killing rampage in December, may have been the trigger to unleash a “cyber pathogen,” according to a court filing by county prosecutors.Michael Ramos, the San Bernardino County district attorney, told a federal judge late Thursday that Apple must assist in the decryption, or unlocking, of Farook’s cell phone because it was a work phone. Now, let’s not forget, Farook was an environmental health services inspector for the county’s Public Health Department. This means that Farook’s iPhone was issued as part of the ISIS-aligned killer’s official Health Department duties.In the court filing, Ramos said, “the iPhone is a county owned telephone that may have connected to the San Bernardino County computer network. The seized iPhone may contain evidence that can only be found on the seized … [Read more...] about San Bernardino DA: Shooter’s iPhone May Be Trigger to ‘Cyber Pathogen’