Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Internet Law & StrategyKickerFeaturesTopicsCommercial LawLaw Firm ManagementLitigationRegulationTechnology Media and TelecomSectionsNewsLJN Newsletters

Navigating the Changing Technological Landscape

By Fernando M. Pinguelo and Keya C. Denner
August 30, 2010

In City of Ontario v. Quon, 560 U.S. ___ (2010), the U.S. Supreme Court held that a government employer's search of an employee's communications on an employer-issued pager was reasonable under the circumstances and, therefore, did not violate the Fourth Amendment of the United States Constitution. The Court's narrowly tailored decision underscores that cases in the area of employee privacy will continue to be highly fact-sensitive. (Internet Law & Strategy broke news of the ruling when it was issued. See, “Online Exclusive: Text Search Reasonable, Says Supreme Court,” available at www.ljnonline.com/issues/ljn_internetlaw/8_6/news/153860-1.html.) Even so, Quon offers useful guidance with respect to up-to-the-minute issues in this area, and reaffirms some preventative measures that forward-looking employers should already have in place.

The Case

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.