March 2015

Allyson Fair discusses “One Problem, Many Views: Reconciling Advice of Employment, Intellectual Property and Other Counsel” at the 2015 ABA National Symposium on Technology in Labor and Employment Law


Seemingly different substantive areas of the law appear to conflict when technologies are used in the employment relationship. For example, IP counsel may encourage vigorous safeguarding and policing of an organization’s trademarks and copyrights. However, employment counsel may advise against such policing where the organization’s employees may have a statutory right to use their employer’s logo while engaging in protected activity. Similarly, employment counsel may encourage immediate investigation of an employee’s electronic device while e-discovery counsel may raise flags about how such internal investigations are conducted. This panel of IP, employment, e-discovery and other attorneys will discuss common areas of seemingly conflicting advice and identify potential resolutions to these and other related issues.