Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
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In Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), the Supreme Court recently held that individuals claiming injury from the federal government’s right to conduct electronic surveillance under the Foreign...more
Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held...more
In This Issue: - Data-Breach Class Actions After the Supreme Court Decision in Clapper - California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases -...more
On February 15, 2013, the Seoul Western District Court in South Korea issued a judgment in a collective consumer action against a South Korean company for a data breach involving personal data in its possession. Importantly,...more
Cloud computing has become an increasingly popular option for businesses to cheaply and efficiently manage their data systems. Businesses interested in utilizing these services should be cautious, however, when entering into...more
The U.S. Supreme Court heard arguments last month in Clapper v. Amnesty International, a case that asks the Court to determine whether a group of lawyers, journalists, and human rights workers have standing to challenge the...more
Judicial cross border litigation and/or international arbitration proceedings reveal two distinct systems: common law systems allow a comprehensive collection and disclosure of all existing documents leading to admissible...more
The Enforceability of “Best Endeavours” Clauses: Clauses requiring parties to use ‘best’ or ‘reasonable’ endeavours are common place in commercial contracts. They make sense to parties at the time of contracting, where...more
A perennial issue in Canadian privacy law is what to do about the USA Patriot Act. Just when we think we have things reasonably sorted out, the issues pop up again in a new context. This time it is cloud computing. ...more
In This Issue: - Head in the Cloud? Achieving Savings While Managing Risks in the United States - Country Risk: Illustrated - Consumer Financial Protection Bureau Issues Outsourcing Guidance Excerpt from...more
In re Dr. Jurgen Toft, Case No. 11-1049 (ALG) (S.D.N.Y. Bank. Ct. 2011), a typically sound and erudite decision by the Bankruptcy Court in the Southern District of New York, is something of a close-to-must read for the...more
Litigants navigating the conflict between U.S. discovery obligations and foreign data protection laws have a new ally, the American Bar Association (“the ABA”). The ABA recently passed Resolution 103, which “urges”...more
“Commerce among nations should be fair and equitable.” -- Benjamin Franklin The global economy of the 21st century has given rise to an important international conflict of laws, the...more
In this Issue; - The Growth of Cross-Border Business and a Contract Issue to Consider It is well known that growth markets for many U.S. companies—both large and small—are now found overseas in emerging economies...more
In a decision dated September 23, 2011, the Court of Appeal of Caen suspended the implementation of a whistleblowing system that had been previously authorized by the French Data Protection Agency (CNIL) because, in the...more
Suzlon Energy Ltd. demanded Microsoft to produce emails from the Hotmail email account of Rajagopalan Sridhar, an Indian citizen imprisoned abroad. The district court held that the Electronic Communications Privacy Act...more
A non-disclosure agreement (NDA) is an agreement between (at least) two parties, where one is the provider of the information that is to be protected and another is the receiver of the information. The non-disclosure...more
Twelve million scanned books and six years after Google was sued for digitizing entire libraries of books without authorization, in late March 2011 Federal District Judge Denny Chin rejected a controversial settlement of the...more
In This Issue: Brits Ban Makeup Ads with Digital Technology; Groupon Faces Scrutiny Over Privacy, Gift Certificates; Court: No Private Class Actions Under TCPA; CARU Recommends That Web Site Better Protect Children’s...more
On November 4, 2010, the European Commission released a proposal for "a comprehensive approach on personal data protection in the European Union" (the "Proposal") which would modify current Directive 95/46/EC of the European...more
The rising tide of globalization has meant that, more frequently than ever before, multinational corporations must navigate between U.S. litigation discovery demands seeking the production of documents and information located...more
Where U.S. litigation discovery obligations were argued to be in conflict with foreign civil and criminal privacy statutes, many recent opinions found that discovery should proceed under the Federal Rules over the protest of...more
EPIC has submitted comments on the proposed rules for the Foreign Intelligence Surveillance Court. In comparison to the previous rules, promulgated in 2006, EPIC said that the new rules would strengthen judicial independence,...more
Data Privacy in China: Civil and Criminal Law Developments China, like many jurisdictions, has been grappling with the issue of how to protect personal information anddata at a time when information tools are becoming...more
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