Technology is continuously shaping the workplace, and the digital workplace presents a unique challenge to employers. Companies must keep abreast of not only the shifting technological terrain, but also stay informed about the simultaneously shifting legal landscape in an age where technology is used for everything from recruiting to termination. Because companies use and exchange staggering amounts of sensitive information concerning employees, customers, and third parties, it is also more important than ever to learn how to keep your data safe and be prepared to respond in the event a data breach occurs. Additionally, while statutes and regulations have been created to address concerns that have arisen out of the digital workplace, many courts are still grappling with technology’s role in employee privacy, employee relations, and third-party contracts.
What Sets Us Apart
Our experienced attorneys can help employers navigate the digital workplace by combining legal acumen with technical knowledge. Our attorneys partner with employers to provide a cost-effective and strategic approach, guiding you through the technical jungle inherent in digital workplace issues. Our attorneys also have extensive experience handling employment-related matters before administrative agencies and in state and federal courts nationwide, including complex litigation actions such as collective and class actions. Constangy's Digital Workplace and Data Privacy attorneys work with a wide range of industries, from retail and manufacturing, to medical industries and transportation services.
Employers rely on Constangy's Digital Workplace and Data Privacy attorneys for practical advice and innovative solutions for the modern era. We can assist with all your digital workplace questions, including:
- Data security compliance counseling and risk assessment
- Social media
- Data transfer, security and management
- Gig economy challenges
- Data breach and incident response planning, investigation and litigation
- Website accessibility
- Bring-your-own-device programs
- Data privacy audits
- HIPAA compliance and audit responses
- Vendor management and agreements
- Online recruiting and screening
- Electronic signatures
- E-discovery and litigation holds
- The role of technology in litigation
- Compliance with state-specific privacy laws, including the California Consumer Privacy Act and the Illinois Biometric Information Privacy Act
- Electronic employee monitoring
Because we understand that timing is critical, Constangy’s team is here to help at a moment’s notice.
- Counseled national employers on electronic signature enforceability and onboarding processes as well as successfully enforcing electronically signed arbitration agreements.
- Advised employers on data breach liability in vendor contracts as well as proactive policies and training to avoid data breaches.
- Counseled national transportation company on provisions of Illinois Biometric Information Privacy Act.
- Advised employers on GDPR and the intersection between consumer and employee privacy laws.
- Counseled national manufacturer regarding implications of the gig economy in current and future operations.
- Counseled numerous companies regarding potential or actual data breaches, including those involving clients’ private personal information and data stored on cloud-based software.
- Counseled national employers on state-specific data breach laws and regulations.
- Advised international employer on vendor contracts to ensure GDPR compliance.
- Prepared social media policies and advised companies about employee discipline based on social media activity.
- Assisted national financial services company with regulatory compliance and cross-border data transfers.
- Advised international steel company concerning its vendors’ collection, storage, and use of employees’ personal and health information for the company’s internal purposes.
- Assisted numerous companies with data breach response plans, investigations and compliance with data breach laws, and defending against related regulatory actions.
News & Analysis
Newsletters & Bulletins
- Data theft and what’s “tangible”: New York Appellate Division reinstates conviction of former Goldman Sachs programmer Sergey Aleynikov1.31.17
- Court upholds conviction of ex-employee for conspiring to access company data through “shared” password7.14.16
- Webinar, 1.16.20
- Quarterly Birmingham Lunch & Learn - Hackers Are Turning to Small to Midsize Companies: What You Need to Know About CybersecurityBriefings & Seminars, 10.9.19
- Briefings & Seminars, Nashville Bar Association, 10.27.17
- Briefings & Seminars, 7.20.16
- Webinar - Not a LOL Matter: Workplace Policy Tips on BYOD, Social Media, and Data Security EssentialsWebinar, 10.14.15
- Briefings & Seminars, 3.31.15
- St. Louis e-Law Workshop - Bits, Bytes and Tweets: Decoding the legal and ethical implications of the electronic workplaceBriefings & Seminars, 6.19.14
- The Wall Street Journal, 3.28.19
- Information Management, 9.10.18
- California Snapshot , 10.23.19
- Employment & Labor Insider, 7.12.19
- Employment & Labor Insider, 3.22.19
- Employment & Labor Insider, 10.19.18
- Employment & Labor Insider, 8.24.18
- Employment & Labor Insider, 3.29.18
- Employment & Labor Insider, 11.10.17
- Employment & Labor Insider, 9.29.17
Our increasingly connected world presents tremendous opportunities for employers as well as considerable confusion and risk. Should you Google a job applicant? Allowing employees to use their own mobile devices for work (BYOD) has its benefits, but how can employers mitigate the risks to company data that it presents? Likewise, what can employers do to curb concerns presented by social media?
- Susan Bassford Wilson
- Justin Clark
- Maureen Knight
- Heather Lake
- Nancy Leonard
- M. Brian Magargle
- W. Jonathan Martin, II
- Gregg Moran
- Daniel Murphy
- Timothy Newton
- Robert Ortbals Jr.
- Alyssa Peters
- Angela Rapko
- Katie Rhoten
- Mallory Ricci
- Ronald Sarian
- Robin Shea
- Daniel Simonds
- Stephen Stecker
- Richard Trewhella, Jr.
- Leigh Tyson
- Jonathan Yarbrough