Navigating the Digital Communication Minefield: Lessons from the Employment Law Counselor

In the latest episode of The Employment Law Counselor, White and Williams Labor and Employment attorneys Laura Corvo and Andrea Moss take a fresh look at a headline-grabbing misstep: government officials accidentally including a journalist on a Signal chat where confidential information was being discussed. More than just a political faux pas, the incident is a cautionary tale for employers across industries.

Here are some takeaways from the episode that professional liability practitioners should keep top of mind when advising clients in today’s tech-driven workplace:

Electronic Communication Is a Liability Minefield

As digital communication tools proliferate—from Signal and Slack to Teams and text—so do the risks. Corvo and Moss emphasize that confidentiality breaches aren’t always the result of bad intent. Sometimes, it’s as simple (and damaging) as adding the wrong recipient to a group chat. For professionals assessing liability exposure, the key is recognizing these platforms as both assets and potential threats to corporate compliance.

Workplace Harassment Can Happen Anywhere, Including the Chat Window

The informal nature of messaging apps can create a false sense of security that leads to unprofessional behavior. The episode underscores how offhand remarks or inappropriate jokes made in digital spaces can lead to harassment claims just as easily as those made in person—sometimes even more so, as electronic records often serve as clear evidence. Liability practitioners should flag this as a growing area of risk for clients.

Policy Is Protection—But Only If It’s Clear and Enforced

Corvo and Moss stress the need for robust, written communication policies that outline acceptable use, confidentiality expectations, and repercussions for misuse. Importantly, these policies must evolve with technology—and not remain static. Simply having a policy isn’t enough; it must be reviewed, updated, and consistently enforced to provide true protection from liability.

Training Is a Critical Risk Mitigation Tool

Education is a frontline defense. Employers should not only provide onboarding training, but also conduct regular refreshers focused on proper use of communication tools, identifying red flags, and knowing when to escalate concerns. For underwriters and claims professionals, evidence of regular training may be a significant factor when assessing risk or defending a claim.

This episode is a timely reminder that the boundaries of the workplace have changed and so have the boundaries of liability. As communication becomes more fragmented and instantaneous, the burden on employers to manage and mitigate associated risks grows heavier. For professional liability practitioners, staying ahead of these evolving trends is not optional, it’s essential.

Interested in learning more about this topic? Listen to the full episode here.

Meet the Speakers

Laura Corvo represents employers in employment litigation and counsels clients on a variety of employment-related issues. She has extensive knowledge of federal, state and local employment laws and regularly counsels employers on a host of personnel and human resource issues including, employee hiring, discipline and termination matters, reductions in force, wage and hour compliance, family and medical leave compliance, and managing accommodations for disabled employees.

Andrea Moss represents public and private sector employers and management in all aspects of employment litigation and alternative dispute resolution, with a concentration in the areas of employment litigation and counseling and trial advocacy. She has over twenty years’ experience in all aspects of civil litigation in state and federal courts and arbitrations, having tried more than sixty cases to verdict in state and federal courts. Andrea represents employers in litigation involving claims of discrimination, harassment, and retaliation in federal and state courts and before various administrative agencies.

Andrea has represented clients in investigations, audits, and proceedings before numerous federal and state governmental agencies such as the EEOC, the New York State Division of Human Rights, the New York City Commission on Human Rights, New York Workers Compensation Bureau, OSHA and New York’s Unemployment Insurance Appeals Board. She counsels employers on compliance with various federal, state, and local employment laws, employee discipline, workplace training and internal investigations. She also drafts and reviews employment-related contracts, covenants, handbooks, and workplace policies.