We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express Policy
Militello v. VFARM 1509, 89 Cal. App. 5th 602 (2023)
Shauneen Militello brought a 22-count complaint against fellow co-owners of a cannabis manufacturing and distribution company, including Ann Lawrence. Lawrence moved to disqualify Militello’s counsel, arguing that Militello had improperly provided to her counsel private emails between Lawrence and her husband that were sent on the company’s email network, which Militello’s attorney attempted to use
Police Officer Had Reasonable Expectation Of Privacy In Text Messages Sent And Received On Pager
Quon v. Arch Wireless Operating Co., 529 F.3d 892 (9th Cir. 2008)
Arch Wireless contracted to provide wireless text-messaging services for the City of Ontario, including its police department. Pursuant to the city’s general Computer Usage, Internet and E-mail Policy, the use of the city’s computers and other electronic equipment, networks, etc., was limited to city-related business, access was not confidential and “users should
Former CEO Violated Federal And State Law By Taking And Deleting Company’s Documents And Data
ViChip Corp. v. Lee, 438 F. Supp. 2d 1087 (N.D. Cal. 2006)
ViChip sued Dr. Tsu-Chang Lee, the company’s former CEO, president, secretary, CFO and sole director, for breach of contract, breach of fiduciary duty, trade secret misappropriation, violation of the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, and conversion. Lee asserted counterclaims against ViChip, alleging misappropriation, unjust enrichment, intentional