Ian Stewart

Ian Stewart

Wilson Elser

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Latest Publications


California Law Enforcement and Industry Gain Procedural Certainty with Historic Cal-ECPA Bill

On October 8, 2015, Governor Jerry Brown of California signed into law Senate Bill 178, known as the California Electronic Communications Privacy Act (Cal-ECPA). Cal-ECPA mandates that California law enforcement agencies...more

10/21/2015 - ECPA Electronic Data Transmissions Governor Brown Law Enforcement Personal Data Search Warrant

California Amends Data Breach Notification Statute by Requiring Specific Notification Content and Expanding the Definition of...

California’s Data Breach Notification Statute was amended on October 6, 2015, by Governor Jerry Brown. The amendment, which takes effect on January 1, 2016, makes important changes to the existing law, including new...more

10/19/2015 - Amended Legislation Automatic License Plate Readers Data Breach Data Privacy Data Protection Data Security Encryption Governor Brown Notice Requirements Personally Identifiable Information Popular State Data Breach Notification Statutes

Is Safe Harbor Still Safe? U.S. Companies Face Challenges Ahead on the EU Privacy Horizon

Pursuant to European Commission Decision 2000/520, United States–based companies may freely process the personal data of European Union citizens, provided that those companies adhere to the principles and frequently asked...more

9/29/2015 - Advisory Opinions Advocate General Data Privacy Data Protection Data Protection Commissioner EU Data Protection Laws EU-US Trade European Commission European Court of Justice (ECJ) Facebook Ireland Personal Data Safe Harbors U.S. Commerce Department

Twitter Terrorism: Criminals Choose the Hack Attack

In what appears to be yet another brazen demonstration of capability following an earlier hijack of government social media sites, a group calling itself the Syrian Electronic Army (SEA) recently hacked into the U.S. Army’s...more

7/7/2015 - Associated Press BBC Confidential Information Cyber Crimes Cybersecurity Employment Policies Hackers ISIS New York Times Risk Mitigation Social Media Social Media Account Ownership Social Networks Twitter Websites YouTube

Fourth District Reverses Lower Court Ruling in Construction Defect Litigation

On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586. The case is significant in...more

2/19/2015 - Appeals Construction Defects Construction Industry Construction Litigation Contractors Real Estate Development Subcontractors

California Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information

In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under...more

9/23/2014 - Class Action Dismissals Electronic Medical Records Hospitals Medical Records Patient Confidentiality Breaches Sutter Health

California Supreme Court Holds Design Professionals Owe a Duty of Care to Future Homeowners

The California Supreme Court in Beacon Residential Community Association v. Skidmore, Owings and Merrill LLP (July 3, 2014), held – based on common law principles – that an architect owes a “duty of care” to future homeowners...more

7/14/2014 - Architects Condominiums Design Defects Duty of Care HOA Real Estate Development

California Protects Minors from the Internet by Imposing Restrictions on Online Marketing or Advertising of Products Minors Cannot...

Operators of Internet websites and online services, online applications or mobile applications (online media) will be prohibited from targeting minors with advertisements for goods that a minor cannot legally purchase and...more

12/6/2013 - Advertising CalOPPA COPPA Internet Marketing Minors

Court Confirms the Limited Duty of an Insurance Broker to Procure Only Coverage Requested by the Insured

Recently, in San Diego Assemblers v. Work Comp for Less Insurance Services, Inc. (October 4, 2013, CA Court of Appeal, Fourth Appellate District), the court upheld the granting of summary judgment on behalf of a broker on the...more

11/11/2013 - Commercial General Liability Policies Insurance Brokers Insureds

California Appellate Court Expands Rights to Homeowners in Construction Defect Cases beyond Remedies Provided in the California...

On August 28, 2013, the California Appellate Court (Fourth District) issued its ruling in the case of Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (Case No. GO46731). Liberty Mutual filed suit against...more

9/27/2013 - Construction Defects Property Damage Remedies Repairs

California Appellate Court Confirms Cap on Past Medical Expenses Applies to Medicare Payments and Should Be Imposed before Further...

In Luttrell v. Island Pacific Supermarkets, Inc. (April 8, 2013, A134089), California’s First District Court of Appeal held that Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 specifically applies to limit...more

4/25/2013 - Failure to Mitigate Medical Expenses Medicare Non-Economic Damages

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