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Exploring the Limits of Electronic Surveillance of the Workforce

Event | 11.10.23, 11:30 AM EST - 12:45 PM EST | CLE Offered

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The Westin Seattle
1900 5th Avenue
Seattle, Washington 98101

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Exploring the Limits of Electronic Surveillance of the Workforce at the 17th Annual Section of Labor & Employment Law Conference

Many employers beta test their new product or system on their workforce, developing and fine tuning the product by collecting large amounts of information from their employees about how they interact with the product. This practice, while potentially providing a form of cost savings in the short run, may create significant litigation risks for employees who take issue with the potential violation of their privacy rights. The mass collection of employee data for the purpose of product development may run afoul of the ECPA, or analogous state laws that restrict the covert collection of employee data to information gathered for a “valid business purpose.” This circumstance becomes even more complex when employers attempt to protect their intellectual property by covert surveillance of their employees. Panelists experts will explore the pitfalls and best practices in this changing environment.

Panelists: M. Nieves Bolaños, Potter Bolaños LLC, Chicago, IL Warrington Parker, Crowell & Moring LLP, San Francisco, CA Clement Tsao, Herzfeld, Suetholz, Gastel, Leniski & Wall, PLLC, Cincinnati, OH

For more information, please visit these areas: Labor and Employment

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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