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EU High Court Overturns Telecom Data Retention Requirements

The Court of Justice of the European Union, the highest court in the EU, declared the EU’s 2006 Data Retention Directive invalid in a judgment issued on April 8, 2014. The directive, which has been implemented via national...more

European Court Of Justice Declares Data Retention Directive Invalid

The Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It came into force in 2006 after a number of...more

Business News Digest – April 2014

In this issue: - Cybersecurity Assessments – Using the Tool Well - A SOX in the Gut: Supreme Court Vastly Expands Workplace "Whistleblower" Law - SEC to Scrutinize Never-Examined Investment...more

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

German Court Rules Against Facebook’s “Friend Finder”

On January 24, 2014, in a case filed against Facebook by German consumer protection association VZBV, the Berlin Court of Appeal (“Court”) upheld a lower court ruling that Facebook’s “Friend Finder” function is unlawful. The...more

Google To Get Grilling Before UK Courts for Covert Safari Browser Tracking

High Court Judge Mr Justice Michael Tugendhat has declared in the case Vidal-Hall & Ors v Google Inc. [2014] EWHC 13 (QB) (16 January 2014) that infamous U.S. corporation Google Inc. (‘Google’) will face the scrutiny of the...more

The French Data Protection Authority Fines Google for Breach of French Privacy Laws

After two years of investigation and proceedings regarding Google’s privacy policy, European Data Protection Authorities (DPAs) are now reaching their final decisions against Google. The French DPA (“CNIL”) issued, on January...more

International Privacy - 2013 Year in Review - European Union

Outside of the EU, concerns continue after the former NSA contractor Edward Snowden leaks demonstrated issues related to U.S. handling of European data. Beginning in July, 2013, the ongoing Transatlantic Trade and Investment...more

Disclosure v. Blocking Statutes

The recent decision in Secretary of State for Health and others v Servier Laboratories Ltd and others;; National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234, concerned an appeal by two...more

EU Disagrees on Data Protection “One-Stop Shop” Regime

The completion of the Data Protection Regulation faced another set-back last Friday (December 6, 2013) at the Council of Ministers, in which there was a fundamental disagreement surrounding the proposed “one-stop shop.” This...more

Where do we stand on the territorial scope of EU data protection law following the recent European Parliament vote?

The determination of the territorial scope of the current EU Directive n° 95/46 is still under dispute both before national Courts and the European Court of Justice (ECJ). This issue may soon become moot with the adoption of...more

Governmental Authority in Accessing Private Information of Internet Users in China

The revelation of the U.S. mass data collection program PRISM has triggered a worldwide discussion about the government’s access to the private communications of Internet users....more

Further Amendments To The Russian Civil Code

FOLLOWING THE FIRST SET OF AMENDMENTS TO THE RUSSIAN CIVIL CODE WHICH WAS ADOPTED ON 30 DECEMBER 2012, THE SECOND AND THIRD SETS OF AMENDMENTS TO THE CIVIL CODE HAVE NOW ALSO BEEN SIGNED INTO LAW. The second set of...more

Compelled Waiver of Foreign Bank Secrecy for Discovery of Records Abroad

There are many branches, agencies, and subsidiaries of foreign banks licensed to conduct banking business here in New York. These foreign-bank offices are often the targets of civil discovery requests seeking production of...more

Compelled Waiver of Foreign Bank Secrecy for Discovery of Records Abroad

There are many branches, agencies, and subsidiaries of foreign banks licensed to conduct banking business here in New York. These foreign-bank offices are often the targets of civil discovery requests seeking production of...more

Clapper and Data Breach Litigation

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

Practical Tips for APAC Ediscovery

In our ever-shrinking, interconnected world, it is imperative that legal practitioners establish expertise in international ediscovery law. One of the most dramatic evolutions in ediscovery is occurring in the Asia-Pacific...more

Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies?

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

Privacy & Cybersecurity Update - April 2013

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

South Korea Opens the Door for Unintentional Data Breach Collective Actions

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

How to Ensure That Your Company’s Data Doesn’t Get Lost in the Clouds: Part II

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

Standing on the Precipice: Privacy Litigation and Standing Requirements

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

Discovery in the US Involving French Companies

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

June 2012: London Litigation Update

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

Cloud Computing and the USA Patriot Act: Canadian Implications

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

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