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Showing posts with the label Privacy

Pennsylvania Supreme Court Holds No Reasonable Expectation of Privacy in Internet Search Activity: Key Takeaways for Employers

A recent Pennsylvania Supreme Court ruling could have broad implications for internet privacy, and employers should take note. The state’s high court ruled in December that individuals do not have a reasonable expectation of privacy in their internet search activity for purposes of the Fourth Amendment and similar state constitutional protections. Although the case centered on a state police search in a criminal investigation, the decision will likely influence how courts applying Pennsylvania law analyze privacy expectations across a wide range of contexts, including matters concerning employment and the workplace. This Insight will discuss  Commonwealth v. Kurtz  and how this decision could impact private employers. Background on  Commonwealth v. Kurtz In an investigation into a violent crime, state police obtained a “reverse keyword search warrant” that instructed Google to identify anyone who searched the victim’s name or home address in the week before the assa...

Data, privacy, and cybersecurity developments we are watching in 2026

Without fail, each new year brings regulatory shifts and plaintiffs’-bar activity that push data, privacy, and cybersecurity in unexpected directions. As we look ahead to 2026, our  Data, Privacy, and Cybersecurity Group  is monitoring the following key trends and developments. These are issues we anticipate will demand significant client attention in the year ahead. In Depth The feds (and states) up the heat on kid privacy Earlier this year, the Federal Trade Commission (FTC)  finalized its revised  Children’s Online Privacy Protection Act (COPPA) regulations. Those regulations required COPPA-regulated companies to provide greater transparency, introduced new data-sharing limitations, and enhanced security requirements, signaling a shift toward tighter control over how children’s data flows through digital ecosystems. But that’s not where the focus on children’s privacy stopped – states are filling gaps that COPPA leaves open, especially for teens. Across the countr...

Five Reasons Delaware Reigns Supreme for Business Formation

Why is the majority of Fortune 500 companies incorporated in the state of Delaware? Why are more than 75% of all new initial public offerings in the United States done by companies incorporated in Delaware? Why is Delaware able to generate more than 25% of its general fund revenue from the incorporation business? And, why have other states been unable to steal this business away from Delaware? Here are the top five reasons to form an artificial entity in Delaware. The Delaware court system is well established and highly respected. The Delaware Court of Chancery specializes in corporate issues and uses judges instead of juries. This means that in every litigation, a judge with a lot of expertise in complex corporate law matters will preside, and the opinions are relatively consistent. In addition, Delaware has historically and consistently been ranked one of the top judiciaries in the country. Delaware offers a lot of flexibility for structuring a business entity. Delaware’s corporate ...

Seasonal Hiring Concerns: How Pay Transparency, Privacy, and AI Laws Still Apply

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In September and October of each year, many businesses hire seasonal workers to prepare for the upcoming holiday season, particularly in the retail and hospitality industries . Employers that are staffing up must exercise caution to avoid hiring mistakes and missteps concerning requirements related to pay transparency, privacy protections, background checks, and the use of artificial intelligence (AI) in the recruitment process and hiring. Quick Hits It may be a mistake to assume that state and federal laws governing pay transparency, privacy, background checks, and the use of AI do not apply to seasonal hires. The variation in state laws can complicate compliance efforts for multistate employers. Job Listings The requirements of  pay transparency laws  can vary significantly by state and locality, often requiring employers to disclose a wage range in all job postings, regardless of whether a position is seasonal or permanent. Currently, fourteen states and the District of C...

12 California Bills Employers Should Watch as State Lawmakers Sign Off for 2025

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The California Legislature just wrapped up its work for the year, and now all eyes turn to Governor Newsom, who has until October 12 to sign or veto each of the bills sent to his desk. Any bills signed into law will take effect on January 1, 2026. What are the top bills that employers should be monitoring? 12 Workplace Bills That Await the Governor’s Signature or Veto AI, Privacy, and Workplace Surveillance The hottest topic for legislative discussion and action in 2025 continued to be artificial intelligence and related technology issues. AI alone accounted for the focus of more than three dozen bills considered this year, and California may soon join the growing list of states to enact their own laws related to the use of AI by businesses. Several bills that would impact employers directly made it to Newsom’s desk and are now awaiting further action. These include: SB 7 (“No Robo Bosses”)  – SB 7 is specific to employment-related decisions using AI technology and automated decis...