Managing the Remote Workforce: Privacy Concerns and Trade Secret Protection

Taylor E. White | Winstead PC

Taylor White partners with senior business leaders, HR professionals, corporate counsel, and decision-makers on employment decisions and litigation. He is a devoted resource and advocate for employers and managers facing workplace issues in the courts and conference rooms.

Taylor regularly advises employers on day-to-day issues, including requirements and best practices regarding discrimination, harassment, and retaliation claims under state and federal employment laws, and he often counsels clients on a myriad of litigation avoidance strategies. As a litigator, Taylor is a zealous advocate on behalf of his clients for claims of wage and hour violations; discrimination, harassment, and retaliation issues; breaches of employment agreements; breaches of covenants not to compete and not to solicit; misappropriation of trade secrets; breaches of fiduciary duty and other employment-related torts; and other state and federal law issues stemming from workplace disputes.

He has represented clients across the full spectrum of litigation, including dispute resolution and pre-litigation planning, temporary restraining orders and temporary injunction proceedings, hearings on discovery and dispositive motions, and trials and appeals.

Taylor further assists employers as they navigate government audits and investigations, including proceedings brought by employees before the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and their state-level counterparts. Taylor recognizes that such proceedings require a great deal of commitment and attention, easing his clients’ burden with his professional and personable communication style and stalwart commitment to achieving their desired results.

Taylor is also experienced in representing executives on an individual basis in their negotiations for employment, separation agreements, severance, and retirement packages, as well as employers dealing with similar issues.

Taylor is a contributing writer for Winstead’s Employer Law Resource blog.

Alanna M. Maza | Winstead PC

Alanna Maza is a member of Winstead’s Business Litigation and Labor & Employment Practice Groups. She has experience assisting clients in employment litigation matters in both federal and state courts. She regularly advises employers on requirements and best practices regarding discrimination, harassment, and retaliation claims under state and federal employment laws. She has maintained a diverse practice and has litigation experience in matters involving high-value personal injury, commercial disputes, creditor’s rights, copyright disputes, wrongful death actions, and claims brought pursuant to the Texas DRAM Shop Act.

Alanna’s employment experience includes employment-related torts; wage and hour violations and collective actions; trade secrets misappropriation; restrictive covenant breaches; discrimination, harassment, and retaliation issues; and other state and federal law issues stemming from workplace disputes. She assists employers in navigating government audits and investigations, including proceedings brought by the Equal Employment Opportunity Commission, the Occupational Safety and Health, Administration, and their state level counterparts. Alanna is passionate about representing her clients and she communicates effectively with clients to achieve the best outcome.

Elizabeth Rogers | Winstead PC

Elizabeth is a technology-focused business attorney concentrating on data privacy and cybersecurity, with a rich background encompassing regulatory compliance, cybersecurity risk management, and privacy law. With past roles as both Chief Privacy Officer and General Counsel, she brings a unique blend of in-house insight and legal acumen to her practice.

Elizabeth guides clients through comprehensive privacy and/or cybersecurity compliance programs, technology-driven privacy and cyber risks, and offers pragmatic solutions that align with business objectives. Elizabeth has extensive experience and qualifications to assist businesses in compliance with the recently enacted and pending state consumer data privacy laws, including the Texas Data Privacy and Security Act, which goes into effect on July 1, 2024.

I. Privacy Concerns and Compliance | 2:00pm – 2:20pm

• Privacy Laws Affecting Remote Work
  • Key federal and state privacy regulations
  • Protecting third-party information (e.g., customers and consumers)
• Establishing Clear Monitoring Policies
  • Strategies for drafting monitoring policies
  • Importance of non-disclosure agreements (NDAs)

II. Legal Considerations in Employee Monitoring| 2:20pm – 2:40pm

• Monitoring Personal Devices vs. Company Devices
  • Legal boundaries and expectations of privacy
  • Employee notifications and acknowledgments
• Navigating Invasion of Privacy Claims
  • Case studies and legal precedents
  • Mitigation strategies for employers

III. Managing Employee Privacy in Virtual Meetings | 2:40pm – 3:00pm

• Strategies for Virtual Meetings
  • Guidelines for documenting sensitive information
  • Techniques for minimizing inadvertent disclosures
• Technology Solutions for Privacy Protection
  • Tools and software to enhance virtual meeting security

Break | 3:00pm – 3:10pm

IV. Protecting Trade Secrets in Remote Work Environments | 3:10pm – 3:40pm

• Identifying and Classifying Trade Secrets
  • What constitutes a trade secret in the digital age
  • Importance of trade secret protection
• Strategies for Safeguarding Trade Secrets
  • Proactive measures during employee termination
  • Monitoring employee communications for data theft

V. Policy Recommendations and Compliance Strategies | 3:40pm – 4:10pm

• Developing Comprehensive Confidentiality
  • Key elements of confidentiality and non-competition agreements
  • Guidelines for cellphone and remote device usage
• Implementing Regular Training Programs
  • Importance of ongoing education in information security
  • Metrics for assessing training effectiveness
• Consulting Legal Counsel
  • Strategies for legal collaboration to ensure compliance
  • Risk management strategies for trade secret protection
• Lawyers’ Ethical Duty of Technology Competence