Workplace Data: Law and Litigation



Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI). Written with employment and labor law practitioners in mind, this treatise offers a comprehensive overview of ESI-related discovery challenges, a statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging issues pertaining to social media and other technology, and a guide to privacy laws in the Americas, Europe, Asia, and Oceania. 

With the myriad issues presented by social media and electronic devices in the workplace, and the ever-expanding globalization of business and accompanying growth of the international transfer of employee personal data, Workplace Data: Law and Litigation is a reference that no employment lawyer should be without.  


  • Workplace Data and Information: An Introduction
  • Possession, Custody, or Control of Data
  • E-Discovery in the Workplace: Employer Perspective
  • E-Discovery in the Workplace: Employee Perspective
  • General Evidentiary Issues for Workplace-Related ESI
  • Preservation, Spoliation, and Sanctions
  • Attorney-Client Privilege in the ESI Context
  • Working With Information Technology Experts
  • Federal Data Retention Statutes
  • Online Social Media and Earlier "New Technology" in the Employment Context
  • The Computer Fraud and Abuse Act and the Economic Espionage Act
  • International Workplace Data Issues


The 2014 Supplement updates the main edition with highlights including:

  • Updating and supplementing current legal developments related to workplace data
  • Analyzing proportionality relative to ESI under Federal Rule of Civil Procedure 26(b)(2)(C)(iii) 
  • Addressing discovery standards before the National Labor Relations Board 
  • Providing a detailed discussion of social media discovery issues
  • And more!


Robert Sprague is an Associate Professor of Legal Studies at the University of Wyoming College of Business and a member of the editorial board of the American Business Law Journal.

Main Volume

Published:  2013

ISBN:  978-1-68267-073-6


Published:  2014

ISBN:  978-1-61746-426-3


“Labor and employment lawyers, in particular, will find the discussion and analysis of significant value as they navigate the various forms of employee records, including those related to date of hire, pay rate, recorded absences, performance evaluations, as well as LinkedIn contacts, Facebook, YouTube, Twitter and Instagram postings, and the uses to which such data may be employed.”

Kendall F. Svengalis

Legal Information Buyer's Guide and Reference Manual

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