EdLawConnect Blog

As the business world becomes more digital and mobile, the swords and shields used in litigation often take the form of electronically stored information. We frequently advise clients and remind opposing counsel to preserve all documents, including electronically stored information, when they reasonably know that litigation might ensue or as soon a potential claim is identified. (See In re Napster, Inc ...

As one means of managing the cost of a data security breach (when confidential electronically stored information is disclosed), public and private organizations may purchase “cyber insurance” policies. The purchaser seeks to limit the substantial costs involved in investigating and remedying a breach. However, such policies (which are relatively new to the marketplace) have considerable ...

As discussed in our May 29, 2015 entry, “Website Accessibility Under the ADA,” the U.S. Department of Justice (DOJ), in the absence of regulations, recognized certain industry principles as guiding public accommodations when making websites accessible under the Americans with Disabilities Act (ADA). Relying on such guidelines, businesses and public agencies reasonably believed providing ...

Look, up in the sky! It’s a bird!  It’s a plane! No…it’s an unmanned aerial device!  No longer the stuff of science fiction, we hear nearly every day about new stories in the media involving unmanned aerial devices – aka drones:

• La Guardia-Bound Jet Has Close Call with Drone (May 29, 2015, NBCNEWYORK.com)
• Dallas Cowboys using drones to prepare players (May 27, 2015, CBS)
• Man detained for trying to fly ...

The Equal Employment Opportunity Commission (EEOC) announced on May 6 a pilot program to digitally transmit documents related to employment discrimination charges. The program, called ACT Digital, will roll out in 11 of EEOC’s 53 offices by the end of this month. Only one of the pilot program locations, EEOC’s San Francisco office, is in California.

The EEOC enforces federal laws that prohibit ...

The Universal Service Program for Schools and Libraries (known as the “E-rate program”) is the government’s largest educational technology program and is implemented by the Federal Communications Commission (FCC). The E-rate program helps eligible schools obtain affordable broadband (internet connection).

In July and December 2014, the FCC adopted E-rate Modernization Orders. Based on data ...

The use of social media by teachers and other school employees can have positive effects on the educational environment.  For example, social media can promote collaboration among teachers, and can provide an effective means of communication between teachers and parents.  However, educational employers have also found that access to social media during the workday can lead to decreased employee ...

Despite YouTube’s Popularity with School-Age Youth, Teachers Should Think Twice Before Asking Students to Upload Class Projects to YouTube

In a previous post, we discussed some of the legal issues associated with students uploading coursework on YouTube. This EdLawConnect entry continues that discussion.

Bullying-Related Concerns

Perhaps the most salient concern with students uploading their own ...

Despite YouTube’s Popularity with School-Age Youth, Teachers Should Think Twice Before Asking Students to Upload Class Projects to YouTube

Several studies have reported that YouTube is the most popular social media site among teenagers. Some studies and articles report teens and “tweens” prefer YouTube to both traditional television and other social networking sites.

In light of YouTube’s ...

Last month a California Court of Appeal held that while electronic signatures are valid on employment arbitration agreements in California, if an employee disputes an electronic signature, the employer bears the burden of proving the employee electronically signed the document. (Ruiz v. Moss Brothers Auto Group (2014) 2014 WL 7335221.) This decision can guide K-12 school districts and community college ...