From: Robert Bovarnick [lsampson@rbovarnick.ccsend.com] on behalf of Robert Bovarnick [rbovarnick@rbovarnick.com]
Sent: Friday, August 01, 2008 8:03 AM
To: Luke Sampson
Subject: Bovarnick to Host New Radio Show

                                                Bovarnick 

                                                                                                                  AND ASSOCIATES LLC

     ATTORNEYS  AT LAW

 

    JUST IN CASE

     Email newsletter from Bovarnick & Associates                                      Summer 2008

Firm News 

 

Bovarnick to Host

New Radio Show 

Rob Bovarnick, managing partner of Bovarnick and Associates, will be hosting a new radio show every Saturday from 7:30 to 8:00 a.m. on WHAT 1340 AM.  The show is called "The Billable Hour," and will include:

  • Addressing legal issues faced by businesses 
  • Discussions with professionals and business owners on legal matters of importance
  • Commentary on new laws and cases
  • Responding to questions from listeners

If you miss the show you will be able to hear it again by going to www.rbovarnick.com.

 


 

 

 

 

Can an employer read an employee's email?

 

 Evening Bulletin 

 "ASK THE ATTORNEY"

by 

Robert M. Bovarnick

 

According to a Quicktake Survey, 42% of employers monitor their employees' emails.  However, only 60% of employers who monitor have an adequate written policy in place.  This could conceivably give rise to an argument by an employee that the employer is infringing of their right of privacy.  While the law appears to side with the employer, the most prudent course of action is to have a written policy in place as part of the employee handbook.

 

In a case in Texas, the employee contended that since the email messages were stored under a private password with the employer's consent gave a legitimate expectation of privacy in the contents of the emails.  The court rejected the privacy claim, noting that emails are stored in the company server.  This was true even though the emails were stored in the employee's personal folder, since the emails were first transmitted over the network and were at some point accessible by a third party.


What happens if an employee is sending an email to their attorney?  Normally, communications between an attorney and client are privileged.  However, the privilege applies only if: (i) the holder of the privilege is or sought to become a client; (ii) the person to whom the communication was made (a) is an attorney or an attorney's employee and (b) that person is acting as a lawyer (and not in some other capacity); (iii) the communication (a) was made outside the presence of strangers, (b) for the purpose of securing legal advice and not (c) for the purpose of committing a crime and (iv) the privilege has not been waived.


It is this last point which is most significant.  The employer can argue that the privilege has been waived, since the email was able to be monitored and reviewed.  Even if the employer is not a party to a lawsuit, an argument can be made that any email sent from a work computer is not protected by the attorney client privilege.


Even though it appears the law favors the employer, it is better to have a written policy.  Some elements of the policy could be:

  • Include in the policy notice and consent language.  This means that using the company's email system the employee is aware of and will be covered by the company policy.  Make it clear that by using the system, the employee is consenting to the company monitoring and reviewing all emails; 
  • Any technology use should be limited to business purposes only.  This policy should cover use of email, telephones and the internet; 
  • The email and internet policy should not be isolated from other company policies.  The policy should make it clear that the company will treat email just like any other company communication; 
  • Any communications that are in violation of the policy is expressly prohibited; 
  • The policy should strictly define appropriate internet use.  The policy may want to include restrictions or prohibitions subscribing to public mail forums, discussion groups and other such usage.

Of course, you will also want the employee to sign and acknowledge the policy.


 

Interview 

 

Building an Online Social Networking Company

  

 

  
Social online networking web sites have become the next "new thing" that individuals and now companies have been flocking to over the last two years.  Local entrepreneur C.H. Low, who has over 25 years of software product development and management experience with such well known names as VerticalNet, Starcite, E-Money, has launched a new company Orbius that allows companies, universities, clubs, and individuals to form their own social networking site. 

 

Mr. Low is a graduate of  the University of Pennsylvania Management and Technology Program (Wharton and Engineering School) and holds a Bachelor of Science in Economics (Finance) and a Bachelor of Applied Science (Computer Science). The following is an interview with Mr. Low as he explains why he started his company and where he sees online social networking going

Why did you start Orbius? 
 
When Rupert Murdoch acquired mySpace, the mind boggling and very puzzling move by a very smart businessman made me look deeper into the social networking phenomenon. I saw the huge success of the social interaction but I also uncovered many issues of such sites for adults and for brands.
 
These sites did not suit the taste of most adults I know. Marketers were quite enthusiastic the viral marketing potential but they were also scared of the risk to their brand from user generated content. Also the paradigm for their brand's presence was un-natural. To be a friend of a brand is quite meaningless. And since marketers actually pay the bills, I saw there is an opportunity.
 

What is the mission of Orbius?

 
Orbius (www.orbius.com) provides an integrated social media and community eco-system where brands and organizations can be safe and people can come together with trust, and interact with each other more efficiently and in more enriching ways.
 
Groups can start to use us for free as we are advertising supported. Businesses and professional organizations can private label (and remove our advertising) their community at a fraction of the cost of a custom built solution.
 
Who is the target user of Orbius?
 
Typically, our audiences are at the post college stage of their life and have outgrown sites like Facebook and MySpace, generally have little time and socialize or interact for more serious life purposes. Our users can maintain multiple personas and organize their asymmetrical connections into multiple relationship categories.
 
Our customers are businesses/brands, small-medium groups (departments, projects, human resources) within large enterprises, and other social groups and organizations like non-profits, associations, charities, alumni, PTAs and golf clubs.  They can use our community tools to enable their members to better interact and engage with each other and with the brand or organization.
 
We can supplement existing websites with new community functions and also provide a completely new website with community features.
 
What differentiates Orbius from other social networking sites?
 
Orbius has a unique governance system that enables a community to setup with the ontology of the community's organization structure and the varied privileges of the different members of the organization.
 
Orbius provides full featured community functionality with specific orientation towards information and knowledge collaboration or sharing. Our Idea Factory is tool to enable leverage of the community for idea/innovation collaboration. Our Ask the Expert tool allows discussion to be contextualized by enabling a group of experts (enabled by Orbius' Governance System) to be the first to respond and control the context of the discussions. Our Library allows members or selected members to collaborate to create information and knowledge.
 
Orbius is a highly configurable community tool, requires no IT involvement to setup or change. We provide an equivalent to high end custom white label community solutions at a fraction of the cost.
 
Our users setup multiple personas and connections types to share only what they want with whom they want. We make it safe to be connected to your boss
 

What is the difficultly of starting an online business?

 

A highly scalable enterprise quality SaaS(Software As a Service) platform is very hard. This is my and my team's 4th large scale software project and it is not any easier as the demands and standards gets tremendously higher each time.
 
It was very challenging to find the right engineering talent that is both technically capable and culturally fit our organization.
 

What are the keys to your company's success?

 

We believe our target market is global, huge and under-served. So we only need very small market share to be wildly successful.
 
Our culture is to listen to our customers and delight them with our customer service.
 
We have a great team with very experienced leadership, surrounded by a great group of advisors, investors and board members. And we love what we do!
 

What would prevent you from succeeding?
 

A nuclear winter in the economy and venture funding market could seriously deprive us of our success.
 
What does it take to be a successful entrepreneur?

 

You need to have a large store of POSITIVE thoughts, emotional energy and confidence! There are so many bumps and stressful moments along the way. This is my 6th early stage and startup, and it does not feel any easier. But it is also very invigorating.
 
You must have courage to make mistakes and allow the same for your employees to encourage the innovation needed to be competitive.
 
Finally, surround yourself with smart people that will tell you the truth and then LISTEN WELL!
 

What type of professionals should an entrepreneur look for in his first team?

 

Cultural fit is the most important. My senior people need to get down on their knees and get their hands dirty, can work with tight budgets and have very high standard of self-performance.
 
Also be kind, honest, humble, good judgment, have a sense of humor and yet very decisive and courageous to take risks
 

If you would give an entrepreneur one piece of advice what would it be? 

 

Actually I have two.
 
First is improving your emotional intelligence. Learn how to read people well, understand their emotional drivers to what they say and what they do, and then to interact with them successfully. The skill is needed in picking your partners, hiring your employees, negotiating with your vendors and interacting with your clients. And then also learn to have the emotional fortitude to be able to let go people not appropriate on your team quickly but kindly.
 
Secondly, make sure you are passionate about your product or service you are providing! When you and your team love what you do, your customers will feel it when they interact with you.

 

 

I enjoy being able to share with everyone the Firm's continuous growth and development.  Whenever you get the chance, pick up the phone or send me an email and let me know how you are as well.

 

 

Sincerely,

Rob