Litigation

By: Donald C. Turner

In these difficult economic times, employee theft is an all too frequent occurrence that can disrupt operations and wreak financial ruin. As a result, purchasing insurance to protect your business from such transgressions is advisable. Fidelity Insurance provides coverage for loss of money or property due to employee theft. Some policies also provide coverage of losses attributable to computer theft. Upon learning of a loss due to theft or fraud, business owners should immediately notify the insurance company in writing and conduct an investigation in an attempt to identify the scope of the loss, the perpetrator, and the disposition of the stolen property. In these matters, time truly can be of essence.

Donald C. Turner, a founding member of Unruh, Turner, Burke & Frees, has been practicing law in Chester County for over twenty years.  If you have any questions about protecting your business from employee theft, contact Donald Turner at our West Chester office by calling (610) 692-1371.

By: Anthony T. Verwey

There is an interesting article in the December 8, 2009 Legal Intelligencer regarding a claim that the attorney-client privilege is waived if a client uses an employer’s computer to exchange email with her attorney. It appears that the client was preparing to sue the employer and used her corporate laptop to exchange email with her attorney via a personal, password protected, web based email account. The employer apparently had a policy advising employees that their computer/email use would be monitored and that they had no expectation of privacy in this regard. The trial court found that the privilege did not protect the emails, but the intermediate appellate court reversed. The matter is now pending before the Supreme Court of New Jersey.

In cases where an attorney represents an individual, for example in a DUI, divorce, personal injury action, etc., it may be worth advising a client, preferably in the engagement letter, to refrain from using their employer’s computer for communications with you related to the representation to help ensure that the issue of waiver isn’t given a toehold.

For more information please contact our office.

The Department of Labor’s Wage and Hour Division has published a final rule that became effective January 16, 2009, which is available at http://www.dol.gov/esa/whd/fmla/finalrule.htm. This rule updates the Family and Medical Leave Act regulations. For more information about how the new regulations may effect you, please contact our office.