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Supreme Court to Review Digital Privacy (Part 2)

by Miles & Stockbridge P.C. on

In our previous installment, we looked at the issues related to Carpenter. That discussion can be found here. Another case involving the Stored Communications Act may also come before the U.S Supreme Court in the...more

Canadian Government Suspends Implementation of Private Right of Action Under CASL

Our previous alert regarding changes to Canada’s Anti-Spam Legislation (“CASL”) previewed two important changes that were to come into effect as of July 1, 2017...more

Business Litigation Report - May 2017

Recent Decisions Regarding Discovery Scope and Proportionality Requirements Under New Federal Rules - Over the past eighteen months, federal courts have issued numerous important decisions clarifying the impact of the most...more

Privacy Alert: Government of Canada Suspends CASL's Private Right of Action Provisions

by Field Law on

By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada’s Anti-Spam legislation (CASL), “in response to broad-based concerns raised...more

Anti-Spam Legislation’s Private Right of Action Suspended

by Smart & Biggar on

In a news release on June 7, the Government announced that it was suspending the implementation of the “private right of action” provisions in Canada’s anti-spam legislation (CASL), in response to broad-based concerns raised...more

Senate Subcommittee Holds Hearing On Cross-Border Data Warrants

by King & Spalding on

On May 24, 2017, the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism held a hearing on issues related to warrants for data stored abroad by U.S. entities and possible reforms of the Electronic Communications...more

Privacy & Cybersecurity Update - May 2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

May 2017: Asia-Pacific Litigation Update

Japan Litigation Update—Libel Case Defines Privacy Rights as to Internet Search Engines. The Japanese Supreme Court issued a decision regarding privacy that also has implications for third-party internet sites that contain...more

You Have to Be Certifiable to be Privacy Shield Approved: eDiscovery Trends

by CloudNine on

At a session at The Master’s Conference Chicago event this week, there was an entire session dedicated to international eDiscovery and privacy considerations. Some of the discussion centered around the General Data...more

Reporting From the EDRM-Duke Law 2017 Spring Workshop: eDiscovery Best Practices

by CloudNine on

This blog post is a little longer than most as there is a lot to cover here… This week, EDRM held its first Spring Workshop since it was acquired by Duke Law last August, which means this was the first workshop held at...more

"Privacy & Cybersecurity Update - April 2017"

In this edition of our Privacy & Cybersecurity Update, we examine a district court ruling against Wendy's that continues a shift toward an increase in merchants' data protection responsibilities and the Article 29 Working...more

Defamation and Data Protection: A Twin-Barrelled Approach to Claims Against Publishers

by Reed Smith on

In the recent case of Prince Moulay Hicham v Elaph Publishing Limited, the Court of Appeal held in a unanimous decision that a claimant could include an action under the UK Data Protection Act 1998 (‘DPA’) as an alternative...more

Subject Access Requests: "not an obligation to leave no stone unturned"

by White & Case LLP on

The English Court of Appeal has ruled in two recent cases that subject access requests are generally valid, and businesses must comply with such requests, even if they are made for collateral purposes, such as collecting...more

Defamation and data protection claims can be brought in parallel

by White & Case LLP on

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

New Survey Says 75 Percent of Respondents Unfamiliar with China’s New Cybersecurity Law: eDiscovery Trends

by CloudNine on

Are you familiar with it? According to a survey conducted by Consilio and released earlier this week, 75 percent of legal technology professionals responding to the survey indicated that they are not familiar with...more

Subject Access Requests in the UK - An Update

by Dechert LLP on

This OnPoint reports on the Court of Appeal judgment in Dawson-Damer & Ors v Taylor Wessing LLP, handed down on 16 February 2017, which addresses two key aspects of the legislation enabling individuals to lodge subject access...more

Another Canadian Decision Reaches Outside Canada

by Field Law on

This fascinating Ontario case deals with an Alberta-based individual who complained of certain material that was re-published on the website Globe24h.com based in Romania. The server that hosted the website was located in...more

Privileged information is generally safe from Subject Access Requests

by White & Case LLP on

Subject Access Requests ("SARs") are an increasingly popular weapon in litigation, because they can be used to provide a cheap and quick form of pre-action disclosure. However, courts have confirmed that information subject...more

The Digital Divide Widens: Data Stored on Foreign Servers Within Reach of U.S. Warrants

The rules defining privacy rights in the digital ether just became more complicated – and many didn’t believe that was possible. In a decision issued late Friday by a federal magistrate in Philadelphia, Google Inc. was...more

Second Circuit Denies En Banc Rehearing in Microsoft Email Case

On January 24, 2017, the U.S. Court of Appeals for the Second Circuit denied the Department of Justice’s request for an en banc rehearing in In the Matter of a Warrant to Search a Certain Email Account Controlled and...more

EU court strikes down security legislation over privacy concerns

by Dorsey & Whitney LLP on

A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more

France Adopts New Regime for Privacy Class Actions

by Alston & Bird on

A few weeks ago, France passed the Digital Republic Act which significantly enhances French citizens’ rights to privacy by offering new avenues to exercise rights and granting new powers to the French data protection...more

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more

Businesses can refuse Subject Access Requests made for the dominant purpose of litigation

by White & Case LLP on

The High Court has ruled that a business that receives a Subject Access Request ("SAR") can refuse to disclose the requested information in some cases, if the dominant purpose of the SAR is litigation. This appears to mark a...more

Business Litigation Reporter - November 2016

by Goodwin on

On June 12, 2016, the European Commission adopted a new framework for personal data transfers between the European Union (EU) and the United States (US), called the “Privacy Shield.” US companies doing business in Europe may...more

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