Robert Brownstone

Robert Brownstone

Fenwick & West LLP

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Analysis of Preliminary Examination Instructions in view of the Supreme Court Decision in Alice Corp. v. CLS Bank.

On June 25, 2014, just six days after the Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the USPTO issued its Preliminary Examination Instructions (“Guidance”) in view of the case. ...more

9/4/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Patent Infringement Patent Litigation Patents SCOTUS USPTO

Heartbleed: It’s 10 PM; Do You Know Where Your Data is?

The Heartbleed vulnerability is, by now, an item about which we have all assuredly heard a lot. To get caught up on your reading on the technology aspects of this issue, see the linked articles I have compiled in the ”To...more

5/7/2014 - Corporate Counsel Cybersecurity Data Breach Electronic Payment Transactions Electronically Stored Information Heartbleed Personally Identifiable Information PHI

European (EU) Data Protection Law Handbook now live

This 214-page document, “Handbook on European data protection law,” looks incredibly comprehensive. It ends with 13 pages of citations to European case law on various issues....more

2/19/2014 - Cybersecurity Data Protection EU EU Data Protection Laws Handbooks

While You Are Gorging — FRCP 45 (Non-Party Subpoenas) Changes Take Effect 12/1/13

When we all return to work from Thanksgivukkah weekend, Federal Rule of Civil Procedure (FRCP) 45, governing non-party subpoenas, will have changed, effective December 1, 2013. To review the new content, follow one or both...more

11/29/2013 - Non-Parties Rules of Civil Procedure Subpoenas

Redaction Redux — Be a Do-Bee, Not a Don’t-Bee

Despite many well-publicized gaffes in legal, political and business arenas, many folks do not properly electronically redact sensitive information before letting a document loose into the wild. Supposedly blacked-out or...more

10/18/2013 - Confidential Information Discovery Document Productions Electronically Stored Information Public Disclosure Redaction Software

New Jersey 13th State to Protect Social Media Passwords

On Thursday August 29, New Jersey Governor Chris Christie signed revised legislation, namely A.B. 2878, which, among other restrictions, forbids employers to ask applicants or employees for their social-media or other online...more

9/2/2013 - Passwords Right to Privacy Screening Procedures Social Media

Employers’ Technology Acceptable Use Policies — Top Ten Tips

Every U.S. private and public sector employer should develop, maintain and enforce an effective, appropriate workplace technology-acceptable-use policy (“TAUP”). In large part, a TAUP is a no-expectation-of-employee-privacy...more

8/15/2013 - Acceptable Use Policy Compliance Privacy Policy Reasonable Expectation of Privacy SCOTUS Technology

Safeguards against Data Security Breaches (Part One) [Video]

With data security breaches dominating the headlines and a rising number of employees taking advantage of BYOD, or bring your own device to work policies, businesses have found themselves vulnerable to targets by hackers,...more

3/19/2013 - Bring Your Own Device Cybersecurity Data Breach Data Protection Encryption Notice Requirements Personally Identifiable Information

Safeguards against Data Security Breaches (Part Two) [Video]

?Are you looking to guard your company's “secret sauce?” Fenwick’s Robert Brownstone says companies should safeguard their data by limiting the number of employees with access to certain confidential information. Following up...more

3/10/2013

Three Key Data Retention Questions [Video]

Your company has been sued – what do you need to consider to comply with data preservation requirements? How do you address litigation holds, ediscovery and data retention? Robert Brownstone, litigation attorney and chair of...more

1/22/2013 - Data Retention

Top 3 Concerns in Data Security [Video]

In the video, Robert Brownstone, co-chair of Fenwick’s Electronic Information Management Group, describes how the world of data security impacts every organization regardless of size. He identifies three main areas of...more

12/6/2012 - Cybersecurity Data Protection Internet

eWorkplace Policies – Social-Media, Privacy & Internet-Security

Traditional concerns for employers have included: harassing or other discriminatory actions; other conduct leading to liability to third-parties; forbidden fraternizing; criminal activity; “frolic and detour” or other...more

4/5/2012 - CFAA Data Protection ECPA FACTA FCRA Hispanics United of Buffalo Internet NLRA NLRB Social Media Social Media Policy

Privacy and EIM Alert: Data Breach Laws Become Even Stricter For All Companies With California Or Massachusetts Customers Or Users

How can a 21st century U.S. company do its best to comply with data-security-related obligations imposed by the various laws of 46 states? (Only Alabama, Kentucky, New Mexico, and South Dakota have not enacted laws requiring...more

3/9/2012

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