An employee improperly accesses his employer’s computer network and steals the names, birthdates, and social security numbers of his fellow employees to use for illegal financial gain. A criminal hacks into that same network for similar illegal purposes. Because employers regularly obtain, store, and use confidential employee personally identifiable information (“PII”) as part of their business operations, they are targets for this kind of activity. But what legal responsibility do employers have to their employees when PII is misappropriated by an employee, or stolen by hackers in a data breach? Two Pennsylvania courts have recently shined some light on this issue. In both cases, which involved large-scale data breaches affecting thousands of employees, the courts absolved the employers of any potential liability because either (1) they owed no duty in tort to their employees to protect PII against data breaches or (2) the employer had no express or implied contractual obligation to protect the PII. Read more
Our national ERISA Litigation Group handles employee benefit and executive compensation disputes efficiently and effectively for both public and private companies.
Our Employee Benefits and Executive Compensation lawyers provide the full range of employee benefits services including plan design, amendment, termination and administration including ESOPs and other employee and executive plans providing retirement benefits, equity incentives, health and welfare benefits and deferred and current compensation.
Employee stock ownership plans – ESOPs – can be complicated, often involving multiple areas of law. Our ESOP Group uses an efficient team approach, working closely across disciplines to ensure a seamless delivery of services to our clients.