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Scottrade data breach class action case dismissed for lack of standing

We previously reported that Scottrade was hit with a class action case within 24 hours of notifying customers of a data breach. According to the Complaint, the data compromised included the names, addresses, telephone...more

Look for additional data breach class action cases, standing decisions and shareholders’ derivative suits in 2016

2015 was a banner year for data breaches and associated class action litigation. Toward the end of the year, class action cases were filed the same day as the notification. Based upon the data breach fallout in 2015, there is...more

Game of Phones: Employer-Issued Smartphones and Employee Fifth Amendment Protections

A recent court decision holding that employees can claim the Fifth Amendment and refuse to unlock password-protected smartphones, even though the phones were issued by their employer for company business, demonstrates the...more

District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment

In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for company-issued smartphones to government...more

Court Refuses to Compel Employees to Disclose Passcodes for Employer-Issued Smartphones

Just this week, in Securities and Exchange Commission v. Huang, No. 15-269 (E.D. Pa.  September 23, 2015), the United States District Court for the Eastern District of Pennsylvania denied the Securities and Exchange...more

SEC Seeks Increased Access to Email

Jacqui Merrill, an Associate at The Volkov Law Group, joins us with a posting on the SEC’s request for increased access to emails. In a Senate Judiciary Committee meeting held on September 16, 2015, Securities and...more

Commentary on the planned work on the act “against the Big Brother” presented by the Minister of Internal Affairs B. Sienkiewicz...

In 2013 the Minister of Internal Affairs B. Sienkiewicz announced work on the bill “against the Big Brother”. The announcement of B. Sienkiewicz of the act regulating among others the principles of operation of video...more

Opinion on the proposed reform of the secret services in Poland - the Bill on the Internal Security Agency's (2013)

In fact, the biggest problem of Polish secret services (including ISA) is their lack of specialization. Despite determining their activities, under the current law, the ISA deals with “everything and nothing”, which...more

AMENDMENT IN BYE LAWS TO EXTEND LIMITATION PERIOD TO INVOKE ARBITRATION – RETROSPECTIVE OR PROSPECTIVE

In the matter of disputes between the member and clients arising from transactions executed between the parties, the law of limitation provides a time limit of three years to file the claims as per procedure. However, the...more

Disclosure Bill May Put Retirees At Risk

Recently, I wrote about a bill, SB 1208 (Leno), that would require disclosure of total compensation information with respect to each of a corporation’s five most highly compensated retirees. This requirement would be imposed...more

California State Teachers Retirment System v. Blankenship, et al.

West Virginia Supreme Court Order denying Preliminary Injunction in Massey - Alpha merger case, but also refusing to seal certain...West Virginia

The West Virginia Supreme Court of Appeals issued an Order denying Massey shareholders' request for a Preliminary Injunction to challenge the merger of Massey and Alpha Natural Resources. The parties had also sought to seal...more

California State Teachers Retirement System v Blankenship, et al.

NPR and the Charleston Gazette's Opposition to Motion to Seal Record in Massey - Alpha merger caseWest Virginia

National Public Radio (NPR) and the Charleston Gazette filed this Opposition to a Motion to Seal the Record in a case brought by shareholders of Massey Energy Company seeking to block the sale of Massey to Alpha Natural...more

Lefkoe v. Jos. A. Bank Clothiers, Inc.

Reply Brief of Appellant, The Doe Client (Public Version)Not Applicable

The Doe Client was a nonparty witness to the underlying class action securities litigation pending in the District of Maryland against Jos. A. Bank Clothiers, Inc. (“Jos. A. Bank”). Jos. A. Bank served a subpoena issued by...more

Lefkoe v. Jos. A. Bank Clothiers, Inc.

Brief of Appellant, The Doe Client (Public Version)Not Applicable

The Doe Client was a nonparty witness to the underlying class action securities litigation pending in the District of Maryland against Jos. A. Bank Clothiers, Inc. (“Jos. A. Bank”). Jos. A. Bank served a subpoena issued by...more

Lefkoe v. Jos. A. Bank Clothiers, Inc.

Reply Memorandum In Support of Motion to Quash Subpoena Massachusetts

The Doe Client was a nonparty witness to the underlying class action securities litigation pending in the District of Maryland against Jos. A. Bank Clothiers, Inc. (“Jos. A. Bank”). Jos. A. Bank served a subpoena issued by...more

Lefkoe v. Jos. A. Bank Clothiers, Inc.

Memorandum In Support of Motion to Quash Subpoena Massachusetts

The Doe Client was a nonparty witness to the underlying class action securities litigation pending in the District of Maryland against Jos. A. Bank Clothiers, Inc. (“Jos. A. Bank”). Jos. A. Bank served a subpoena issued by...more

Fenwick Employment Brief

IN THIS ISSUE: *Employers Need Not Accommodate Employees Who Use Medical Marijuana *NEWS BITES: ..Unnecessarily Broad Background Checks Halted As An Invasion Of Privacy ..FMLA Now Covers Leave To Care For Members Of...more

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