Employees’ use of social media and other online services in their professional and personal lives has increased the risk of an employee bringing claims against a current or former employer.  In the past three years, for example, employers have had to defend against claims related to ownership of social media accounts used by former employees and claims that an employer’s social media policy violates the National Labor Relations Act.  “Bring-your-own-device” policies that allow employees to use personal smartphones, tablets, and other devices to access the employer’s e-mail systems and computer networks have raised questions about employees’ rights to privacy and employers’ obligations to comply with law and protect their confidential information.  Employer-employee disputes may increase as states adopt legislation prohibiting employers from requesting that employees provide access to personal online accounts, such as social networking profiles, instant messages, e-mails, and texts.  California, Illinois, Maryland, and Michigan each have passed laws restricting employer access to employees’ online accounts, and similar legislation has been introduced in more than thirty states. 

Ensuring that your company has appropriate insurance coverage is a critical step in managing the risk of these kinds of claims.  Join us, along with Marsh Risk Consulting ― a global leader in insurance broking and risk management, for an interactive discussion that will cover the legal and practical issues facing corporate policyholders in connection with employment-related claims and liabilities.  The presentation will be held on Wednesday, April 17, 2013, from 3:00-4:30 pm at Covington & Burling, New York Times Building, 620 Eighth Avenue, New York, New York, 10018-1405.  A cocktail reception will follow the presentation.  There is no charge, but please RSVP to 202-662-6440 or RSVP9@cov.com by April 12th if you wish to attend.

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the…

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.