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Workplace Data: Law and Litigation

Workplace Data: Law and Litigation large


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2013/875 pp. Hardcover/ISBN 978-1-61746-346-4/ABAWEB2346

Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today’s discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues and a guide to data protection privacy laws in North America, Europe, Asia and Oceania.

Workplace Data addresses relevant issues such as:

  • Workplace-related e-discovery
  • Discovery issues associated with ESI from an employment law perspective, including preservation, spoliation, attorney-client privilege and working with IT professionals
  • A comprehensive analysis of data retention requirements in federal labor and employment law statutes
  • Privacy and discovery issues associated with social media and devices owned by either the employer or employee
  • International workplace-related privacy laws

The treatise introduces the elements of ESI—its evolution, components and its relation to the workplace—presenting a comprehensive analysis of workplace-related ESI and its associated e-discovery challenges. It provides a compilation of data retention statutes and enabling regulations covering more than 20 federal laws. Although many laws relate directly to employment (e.g., ADA, FMLA, OSHA, Title VII), various “non-employment” statutes and regulations that can impact workplace data retention (e.g., tax laws, Sarbanes-Oxley) also are included.

Workplace Data covers in depth emerging issues involving social media and electronic devices in the workplace, including employee privacy and monitoring, focusing on sources of protection for employees and sources of potential liability for employers when it comes to the use of technology both inside and outside the workplace. The treatise also focuses on the ever-expanding globalization of business and increasing intercountry transfer of employee personal data, providing an overview of privacy laws in 24 North American, European, Asian and Oceanic countries and regions. Some of these countries have data privacy laws that directly conflict with U.S. discovery rules, requiring practitioners to be aware of the basic differences among nations’ privacy laws. 


Supplement Information  

2014/875 pp. Softcover/ISBN 9781617464263/ABAWEB2426

The 2014 Supplement serves as a valuable update in the following ways: 

Updating and supplementing current legal developments related to workplace data; 

  • Analyzing proportionality relative to ESI under Federal Rule of Civil Procedure 26(b)(2)(C)(iii);
  • Addressing discovery standards before the National Labor Relations Board; and
  • Providing a detailed discussion of social media discovery issues.

About the Editor-in-Chief
Robert Sprague is an Associate Professor of Legal Studies at the University of Wyoming College of Business and a member of the editorial board of the American Business Law Journal.

Committee on Technology in the Practice and Workplace, ABA Section of Labor and Employment Law