The New York County Supreme Court recently granted a protective order prohibiting Zara's lawyers from seeing more than 100 files that the fashion retailer’s former general counsel Ian Jack Miller created on the company’s laptop after his termination.
Fenwick EIM chair Bob Brownstone spoke with Corporate Counsel about this decision, and the fact that Zara allowed Miller to continue using the company laptop after his departure.
Brownstone told Corporate Counsel that it didn’t appear as though Zara was enforcing the strictly written user policy.
"There's the written policy, and there's what happens in the trenches. It seems like in the trenches, the employer here let this high-level employee use the computer for personal use. In the U.S., an employer can stake out the right to be very big brother-ish or big sister-ish, but courts often do say that a policy is undone by what is allowed to happen in practice.”
The full article is available through the Corporate Counsel website (subscription required).