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Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most...

by Jackson Walker on

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media,...more

Facebook Warrant Case: Stark Debate and a Divided Court

We previously posted about a case before the New York Court of Appeals that concerned whether Facebook has the legal standing to challenge search warrants seeking its users’ data. In April, the court sided with the Manhattan...more

Permissible Disclosures Under the Stored Communications Act

by Revision Legal on

The Stored Communications Act, which is codified at 18 USC 121, sections 2701-2712, is federal law that governs the conduct of electronic communication service providers and the voluntary and compelled disclosure of the...more

Third Circuit Holds Criminal Defendant in Contempt for Refusing to Decrypt Hard Drives

In a precedential ruling, the Third Circuit Court of Appeals this week upheld a lower court’s ruling holding a criminal defendant in contempt for refusing to decrypt two external hard drives that were seized during a child...more

Does Facebook Have the Right to Challenge Search Warrants Seeking Facebook Users’ Data? New York’s Highest Court Hears Argument

Facebook is the latest social media giant to push back on law enforcement efforts to seek user information. On Tuesday, the New York Court of Appeals heard oral argument in a case focusing on whether Facebook has the...more

Who’s Responsible for Policing Fake News?

by Jackson Walker on

For many of us, gone are the days of reading the morning newspaper over a cup of coffee. Instead, the majority of U.S. adults now obtain their news via social media. We’ve grown accustomed to having information at our...more

Food and Beverage News and Trends - November 2016

by DLA Piper on

Four cities will hold referendums this month on taxes on sugary beverages. Looking forward to Election Day, an October 17 survey by PBS NewsHour noted that voters in three California cities and one Colorado city will vote on...more

Encryption: Ensuring the Right to Privacy in the Information Age?

by LeClairRyan on

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the...more

The Death Of Alexander Hamilton And The Birth Of The American Free Press

Alexander Hamilton has more to do with American independence than you might think. His efforts as a Founding Father (the hottest Founding Father on Broadway, it should be noted) helped the United States achieve political...more

North Carolina Supreme Court Strikes Down Cyberbullying Statute On Free Speech Grounds

by Poyner Spruill LLP on

In State v. Bishop (June 10, 2016), the Supreme Court of North Carolina reversed a unanimous panel of the Court of Appeals and struck down the state’s cyberbullying statute, N.C.G.S. § 14-458.1 as unconstitutional....more

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

by Brooks Pierce on

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

by Tucker Arensberg, P.C. on

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data...more

Are Changes in Store for the Stored Communications Act?

by Latham & Watkins LLP on

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

FDA and Amarin Pharma Reach Milestone Settlement Allowing Off-Label Drug Promotion

by Foley Hoag LLP on

A milestone Settlement Agreement was reached March 8, 2016 between the Food and Drug Administration and Amarin Pharma, Inc. that expressly allows Amarin to promote its drug product, Vascepa®, for unapproved – i.e.,...more

Amarin and FDA Reach Settlement Agreement in Off-Label Speech/First Amendment Case

by King & Spalding on

On March 8, 2016, Amarin Pharmaceuticals, Inc. (“Amarin”) and the Food and Drug Administration (“FDA” or the “Agency”) reached a settlement agreement in a closely followed case involving Amarin’s First Amendment rights to...more

Federal Court Orders Apple to Unlock San Bernardino Gunman’s Phone

by Best Best & Krieger LLP on

Apple must help the FBI unlock an iPhone used by one of the attackers in the San Bernardino, Calif. assault in December, a federal magistrate judge ruled this week. The ruling handed the government an important victory in an...more

California Gives the Fourth Amendment a 21st Century Makeover

The average American today generates more media than they did at any other point in history, and the ease with which our communications, photos, and videos are sent and stored digitally means most of us have more media stored...more

California Reaffirms First Amendment Right to Record Police in Public

by Best Best & Krieger LLP on

As deputy U.S. marshals detained a group of people in Beatriz Paez’s neighborhood, the 34-year-old South Gate, Calif. resident began recording the incident. Video from another camera-wielding bystander rolls as a different...more

"The Future of Government Regulation, Enforcement of Off-Label Promotion"

Three years ago, in United States v. Caronia, the U.S. Court of Appeals for the Second Circuit held that the Federal Food, Drug and Cosmetic Act (FDCA) neither prohibits nor criminalizes truthful, nonmisleading speech that...more

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the...

Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more

Welcome to the Digital Age, Officer

by Wilson Elser on

California SB 178 Seeks to Apply Warrant Requirement to Electronic Devices and Online Data - The California Senate is currently reviewing the proposed California Electronic Communications Privacy Act (SB 178), which...more

Seizure of memory cards from digital cameras allowed under plain view doctrine

by Robinson & Cole LLP on

Courts today are faced with applying traditional Fourth Amendment search and seizure doctrines to twenty-first century digital technology. In one such case, the Massachusetts Appellate Court upheld a lower court’s holding in...more

Facebook: Friend or Foe? Protecting the Right To A Fair Trial In A World Dominated By Social Media

by Butler Snow LLP on

In an interview before his Spartans were slated to play Duke in the Final Four, Michigan State basketball coach Tom Izzo unabashedly stated, “I don’t think social media is beneficial to any human being on the planet.” ...more

Powers of Regulators Brought Into the Spotlight by High Court Decision - Australian Communications and Media Authority v Today FM...

by K&L Gates LLP on

Recently the High Court of Australia handed down its unanimous decision in Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7 (HCA Decision) which relates to the powers of the Australian...more

California May Limit Law Enforcement’s Warrantless Data Collection

Eager to retain its spot among the principal laboratories for domestic privacy legislation, California’s legislature is set to debate Senate Bill 178, legislation restricting state law enforcement agencies from requesting...more

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