Fitting a Square Peg into a Round Hole: The Application of Traditional Rules of Law to Modern Technological Advancements in the Workplace

Abstract

In the ever-changing technological environment, the transmission of information has become as simple and as quick as the click of a mouse or the touch of a button. However, the emergence and widespread use of computers, electronic mail, and the Internet in the workplace also has created challenges for employers, their attorneys, and the courts. Specifically, the courts are forced to apply traditional rules of law to modern technological advancements. The lack of symmetry between these two notions has created uncertainty for today’s employer. This Article discusses the impact of new technology on employment law, particularly in the areas of the discovery process, employer liability for employees’ electronic communications, and the attorney-client privilege

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