Information Technology

This post is part of our ongoing series exploring the impact of technology on legal issues.  For an introduction to the series and a collection of the posts in the series, check out this post.

Bing. Bing. Bing. Bing.  That would be the sound of a text message showing up on my phone, watch, iPad, and computer all at the same time.  Don’t worry, I actually have the sound turned off on all but one of those devices, so I don’t drive myself and everyone around me insane.  I love the convenience of it.  No matter which device I am using, I can easily respond to a text or call without having to figure out where the heck I left my phone. And because my fiancé has sworn off all things Apple, I never have to worry about him seeing any surprises I’m planning.

But we’re not like most couples.  Most couples I know have the same type of phone and if it is an iPhone, they often share the same Apple ID.  Sure, this is convenient for a number of reasons.  But what happens when a couple decides to separate and forgets that their ex has access to all of their text messages?  Or can see their emails?  Sadly, I’ve had more than one client who discovered their spouse was unfaithful because the spouse forgot their devices were linked.  I’ve had clients who can’t figure out how their ex found out about someone they were talking to months after separating even though they were never seen together publicly and most communication was limited to texting.  If you shared an account or had your texts or calls going to another device that you do not have exclusive control over, you need to be mindful that your ex may still have access to what you assume are private calls or text messages. Continue Reading Electronic Devices and Divorce

This post is part of our ongoing series exploring the impact of technology on legal issues.  For an introduction to the series and a collection of the posts in the series, check out this post.

“Thank you.  We have received your automatic payment.”  “Sign up for automatic bill pay to reduce your student loan interest rate.”  “Ensure your payments are never late!  Sign up to automatically pay your bill.”  “Reminder, monthly payment scheduled.”

Those email subject lines are taken directly from my personal email account.  I receive regular inquiries trying to persuade me to switch to automatic payments for all of my monthly bills.  Clearly from some of the subject lines you can see that I do have some bills (the small ones) set for automatic bill pay and flatly refuse to set up others.  Why?  Well in my law school days it was more to prevent an inadvertent overdraft than anything else.  However, now, it is more to prevent a mess in the event of my death.  Horribly morbid.  I know.  But I have a very good reason. Continue Reading Automatic Bill Pay: Blessing or Curse?

This post is part of our ongoing series exploring the impact of technology on legal issues. For an introduction to the series and a collection of the posts in the series, check out this post.

Lawyers often get a bad rap for being resistant to change and behind the times with technology. To combat this issue, states are beginning to require technology training as a part of continuing legal education to maintain a law license.

Many more states have already implemented technology-based requirements directly into their ethical rules. For example, Pennsylvania lawyers are required by the Rules of Professional Conduct to “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.”

At Russell, Krafft & Gruber, technology is more than just an ethical requirement. We see technology as an essential tool to help us provide our clients with the best legal representation.

Here are just a few ways that our firm uses technology: Continue Reading The Cutting Edge: Keeping up with Technology

This post is part of our ongoing series exploring the impact of technology on legal issues.  For an introduction to the series and a collection of the posts in the series, check out this post.

A few years ago, I wrote a blog article about Facebook’s New Legacy Contact, wherein you can appoint someone to manage your account posthumously. When you fail to appoint someone, Facebook’s current policy allows your next of kin to only have partial access to the account in order to either turn it into an online memorial page or to delete it entirely.

It seems that the highest court in Germany has taken issue with this limited access for a legacy contact, having recently determined that a minor’s parents have the right to inherit their daughter’s Facebook account.  The parents of a 15 year old girl who passed away in 2012 sought access to her Facebook account in order to determine if her death was suicide.  Facebook refused, citing their Legacy Contact policy and concern for the privacy of the girl’s other contacts.  The Federal Court of Justice in Germany held that the account was similar to a person’s letters or private diary, both of which would pass on to a person’s heirs under German law. Continue Reading Germany Cracks Down on Facebook

Lancaster County continues to be an attractive marketplace for entrepreneurs in the technology sector. Over the last few weeks, the below articles caught my eye as interesting examples of what Lancaster has to offer to growing companies:

$50,000 Big Idea contest for tech entrepreneurs names 7 finalists

Ben Franklin Technology Partners of Central & Northern PA have been investing big time in Lancaster, including this contest and the TechCelerator at the Candy Factory. This article highlights the finalists in the Big Idea competition – best of luck to them!

A vision for Lancaster as the Silicon Valley of social enterprise

As co-executive director of Assets (a nonprofit that promotes entrepreneurship as a means to combat poverty), Jonathan Coleman shares his ideas for how Lancaster could be a hub for benefit corporations.

NeuroFlow is heading to Lancaster to see if its biz model makes sense

A medical technology startup takes advantage of Lancaster’s Smart Health Innovation Lab, a joint venture between Aspire Ventures, Capital BlueCross, Clio Health and Penn Medicine Lancaster General Health.

Where American Politics Can Still Work: From the Bottom Up

New York Times opinion columnist Thomas L. Friedman writes about the revitalization of Lancaster from a “crime ridden ghost town” 20 years ago to a thriving community that serves as an example for other cities.

These articles are just a few examples of the resources available to businesses and entrepreneurs in Lancaster County. We’ve previously written about other options available here, here and here. Have questions about starting or growing your business in Lancaster County? Feel free to contact us.

Matt Landis is an attorney at Russell, Krafft & Gruber, LLP, in Lancaster, Pennsylvania. He received his law degree from Widener University Commonwealth School of Law and works regularly with business owners and entrepreneurs.

With all the uproar about Facebook’s use of our data and businesses bracing to deal with the EU’s GDPR, it is easy to forget there is no general obligation to protect your personal information. The Third Circuit Court of Appeal’s decision last week in Enslin v. Coca-Cola, et al. is the latest reminder of that fact.

Shane Enslin is a former employee of Coca-Cola. As part of his employment, he submitted, as we all do, personal information including his social security number. Coca-Cola discovered that one of its IT staffers was stealing company laptops and taking them home for his own use or giving them to others. Among the devices stolen were machines used by human resources employees that contained sensitive personal information, like Enslin’s social security number. After the devices were stolen, Enslin was the victim of identity theft. Continue Reading Third Circuit Avoids Ruling on a Duty to Protect Employees’ Personal Information

What do robots and lawyers have in common? Although some might suggest there are a lot of less than stellar similarities, none of which apply to the fine attorneys of Russell, Krafft & Gruber, LLP, of course, they are both now able to engage in successful public debate. That’s right, a robot computer took on two humans, including the 2016 Israeli national debate champion, and won!

The program, called Project Debater, was developed by IBM and exists as a freestanding black computer that’s roughly the height and width of a person. Project Debater participated in two debates in front of an audience of mostly journalists. At the conclusion of each debate, the audience was asked whether the debate swayed their opinion on the topic. While the humans won the debate on government subsidies for space exploration, Project Debater successfully changed the mind of nine audience members regarding an increased use of telemedicine, winning that debate.  Continue Reading Debating Robot Defeats Humans. Are Lawyers Next?

This post is part of our ongoing series exploring the impact of technology on legal issues. For an introduction to the series and a collection of the posts in the series, check out this post.

By now, everyone should be mindful of the dreaded “Reply All” feature (for the uninitiated: When is it appropriate to reply all? Mostly never). I have to agree, although “mostly never” might even be too often.

On a related note, did you ever accidentally hit “Send” before you’re ready? Me too. But I’ve adopted a new trick that might help you as well. When drafting a new email, the last information I add to the email are the recipients. That way, I’m paying particular attention to the autofill feature and making sure I’m ready to send and have the right people.

While sending email to unintended recipients remains a common problem, here are two more nuanced legal issues to consider relating to email: Continue Reading Email Woes

With one week left before the EU’s General Data Privacy Regulation (GDPR) takes effect, we have been fielding a lot of questions about how, or if, it applies to businesses here in Lancaster. Here are three questions to help you determine if you should worry about the GDPR.

  1. Who does it apply to?

It is easy to think that businesses here in the U.S. need not worry about the EU’s data protection laws unless you have stores or employees in Europe. But the GDPR’s reach is much broader than that. If you have the data of an EU citizen or use a service located in Europe, then the GDPR probably applies to you. Here are a few examples where the GDPR applies:

  • You send email blasts and some recipients are in England (yes, England is still in the EU… for now!).
  • You have a digital list of mailing addresses to send out physical mail and some recipients of that mail are in Italy.
  • You use an online marketing service that processes your clients’ data on servers in Germany.
  1. What data is protected?

Okay, okay. So I have contacts in the EU on my mailing list. But names and addresses aren’t protected, right? Wrong. Unlike many U.S. laws, such as Pennsylvania’s Data Breach Notification Act, the GDPR is very broad in its definition of protected information. For example, under Pennsylvania law you need a name combined with some sensitive piece of data, like a social security number or bank account, before the law applies. But the GDPR applies to any identifying information. This includes names, email addresses, physical addresses, and social media names, plus all the sensitive stuff you would expect like financial and medical information. Continue Reading Three Questions to Determine if You Need to Worry About the GDPR

This post is part of our ongoing series exploring the impact of technology on legal issues. For an introduction to the series and a collection of the posts in the series, check out this post.

The hiring process is a key component of operating a successful business and employers do their best to properly vet prospective employees. Many employers conduct searches online through search engines and scour social media profiles as a part of that process, but there are significant legal risks if that process is not conducted with caution. Here is an overview of a few of the potential issues an employer could face with seeking out information online:

Discrimination Claims

Searching social media profiles can reveal all kind of information about an individual, including sensitive information which could identify that person as a member of a protected class. In Pennsylvania, protected classes include race, color, religion, national origin, ancestry, sex (including pregnancy), age, physical or mental disability, use of a guide or support animal, having an association with an individual with a handicap or disability, familial status, education, sexual orientation, veteran/military status and genetic information.

Think about how much of the above information you could learn as a result of a quick review of someone’s Facebook profile. If an employer decides not to hire a prospective employee based on learning some of the above information, the applicant could bring a discrimination claim.

In order to avoid liability for these claims, consider the value of conducting a social media search in the first place. Is there significant job-related information that can be gained from conducting such a search? Employers should carefully document all decisions made in the hiring process and use the same screening process for all applicants.

If you decide that social media searches are useful for identifying job-related characteristics, then consider having one person or a small group conduct the search, and instruct them to filter out all information that is not job-related and pass that on to those with input on the hiring process in order to avoid decision-making based on protected criteria. Continue Reading Use Caution When Using Social Media Searches in the Hiring Process