David Greenspan

David Greenspan is a trial lawyer whose practice focuses on proactive counseling and aggressive litigation of employee mobility disputes and complex employment matters. Mr. Greenspan works with his clients to identify and resolve issues before they become adversarial in nature. Mr. Greenspan also serves his clients as a zealous advocate in litigation, arbitration and other administrative proceedings.

Firm/Organization: McGuireWoods LLP

Blogs: Password Protected, Subject to Inquiry

Latest Articles

Subject to Inquiry

Supreme Court Holds Internal Complainants Are Not Dodd-Frank Whistleblowers

By John Thomas, Elena Marcuss, David Greenspan & John G. McDonald

February 27, 2018

In an important case clarifying the scope of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the U.S. Supreme Court held on Feb. 21, 2018, that the law unambiguously requires an individual to report a securities law violation to the SEC in order to claim whistleblower protection under the provision. This means an employee who makes only an internal report may be protected by the Sarbanes-Oxley Act of 2002, but…

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Employers Beware: Uptick in Privacy Litigation for Collection of Biometric Data

By David Greenspan

February 26, 2018

The increasingly popular use of biometric authentication technology by employers as a means of tracking employee data, including for timekeeping purposes, can create liability. Biometric data generally consists of an individual’s physical characteristics and the associated technology used to aggregate this data. Biometric data can include fingerprints, DNA, voiceprints or facial recognition technology. This futuristic means of tracking individuals has its benefits in terms of employee time management (e.g., in lieu of a traditional punch…

Password Protected

AT&T Privacy Rule Goes Too Far Says NLRB

By David Greenspan & Seth Borden

May 4, 2017

Last week a National Labor Relations Board (NLRB) administrative judge ruled that AT&T Mobility interfered with employees’ labor rights with an overly broad privacy rule. The rule prohibited employees from recording any conversation without approval from the company’s legal department. The judge found that the rule was in violation of Section 8(a)(1) of the National Labor Relations Act (Act) which prohibits employers from interfering with Section 7 rights. Section 7 gives employees the right to…

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Social Media Employee Privacy Laws – The New Majority Approach?

By David Greenspan

September 28, 2015

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland passed the first such statute in 2012, social media privacy was considered an outlier issue. Now, however, it is nearing the majority approach when it comes to state law prohibiting employers from demanding employees and job applicants…

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Newly Enacted Statute Restricts Virginia Employers’ Access to Employees’ Social Media Accounts

By David Greenspan & Nicholas SanFilippo

July 15, 2015

On July 1, 2015, a new law, Virginia Code Section 40.1-28.7:5 went into effect that prohibits Virginia employers from requiring current or prospective employees: (1) to disclose their social media account usernames and/or passwords or (2) to add an employee, supervisor or administrator to their list of contacts. Although the law provides a safe harbor for employers that inadvertently acquire employee usernames and passwords through an employee’s use of employer-owned electronic devices or through network…

David Greenspan

Supreme Court Holds Internal Complainants Are Not Dodd-Frank Whistleblowers

Employers Beware: Uptick in Privacy Litigation for Collection of Biometric Data

AT&T Privacy Rule Goes Too Far Says NLRB

Social Media Employee Privacy Laws – The New Majority Approach?

Newly Enacted Statute Restricts Virginia Employers’ Access to Employees’ Social Media Accounts

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