With cybersecurity threats a top corporate concern implicating regulatory compliance and litigation risk, Hogan Lovells is proud to be one of the sponsors of the ABA National Institute on Cybersecurity, to be held at Fordham Law School in New York on Tuesday, February 23rd.
Employers have a right, and in some cases a duty, to monitor the e-mail communications of their employees that are sent from the employer’s e-mail system. As a general matter, employees have no expectation of privacy in e-mails sent through their workplace system. Since employees who communicate with their personal lawyers through their employer’s e-mail are subject to employer monitoring, the American Bar Association has issued a formal ethics opinion stating that lawyers have a duty to warn such employees that their e-mails may not be confidential.
FTC Chairman Leibowitz: “Congress needs to fix the unintended consequences of the legislation establishing the Red Flags Rule – and to fix the problem quickly.”