Attorney-client privilege, and how to ensure that advice and counsel to their clients is covered by the privilege, is always a top-of-mind issue for in-house counsel, particularly with respect to compliance questions. The privacy office does not always report into the legal department in all companies. Therefore, when it comes to data breach compliance and privacy advice, privacy… Continue Reading
Tag Archives: Attorney-Client Privilege
Court issues written opinion explaining decision regarding applicability of Red Flags Rule to attorneys
Posted in LegislationAs we first blogged here, hours before the last Red Flags enforcement deadline, a federal court judge in the D.C. Circuit ruled from the bench that attorneys would not be subject to the Red Flags Rule. The court released Judge Walton’s written opinion was released on December 1, 2009, which provides clarification of his comments… Continue Reading
What is “reasonable expectation of privacy” in an employment context?
Posted in Employee PrivacyWritten by Cynthia and Jennifer A recent decision by the Maine Supreme Court highlights the tension between an employee’s reasonable expectation of privacy in conducting personal business through a company’s computer system and the individual’s right to prevent the company’s publishing of such material. In Fiber Materials, Inc. v. Subilia, the Maine Supreme Court dismissed… Continue Reading
