Recent weeks have seen optimism-crushing news that even should we have a vaccine soon, measures to prevent the spread of the virus may be in place for years. The uncertainty ahead has pushed many big companies to decide to keep their remote working plans in place for longer, or even shift to a remote model indefinitely.
Employers must keep in mind the fact that there is a thin line between, on the one hand, confidential information belonging to a company that remains protected by virtue of the duty of loyalty and, on the other hand, the personal knowledge and skills that an employee has acquired throughout the years and is entitled to bring to a competitor.
On January 4, 2018, United States Customs and Border Protection (“USCBP”) updated its official policy on border searches of electronic devices. The new policy directive (the “New Directive”) supersedes its prior policy directive (the “Prior Directive), which was issued on August 20, 2009. The New Directive addresses some, but not all, of the issues that arise in relation to border searches of electronic devices.