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Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Warrant Needed for “Black Box” Data in Florida

by Wilson Elser on

In a case of first impression in Florida, a split appellate court in State of Florida v. Charles Wiley Worsham Jr., No. 4D15-2733 (Fla. Dist. Ct. App. Mar. 29, 2017), held that a warrant was necessary before law enforcement...more

Ransomware Makes You Wanna Cry: Cybersecurity Trends

by CloudNine on

This must be our month for ransomware stories.  Unless you have been living under a rock for the past several days, you’ve undoubtedly heard about the WannaCry virus that has been attacking Microsoft© Windows machines without...more

Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more

Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends

by CloudNine on

OK, this first story isn’t exactly an eDiscovery story, but it’s too good to pass up… Here’s a question for you: Would you believe what a lawyer was telling you during closing arguments if his pants were, literally, on fire?...more

“Alexa, Are My Questions to You Discoverable?”

by Williams Venker & Sanders on

The Amazon Echo is a hands-free speaker controlled with your voice. It features a personal assistant, “Alexa,” who will perform various tasks for the user in response to the “wake word,” Alexa. Over the holidays, I observed...more

Litigation Alert: Pennsylvania Court Holds Google Must Produce Emails Stored Overseas

by Fenwick & West LLP on

Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants to turn over users’...more

The Panama Papers & The Tempo of International Corruption Cases  [Video]

An interview on CNBC Powerlunch (April 4th, 2016) where I discuss the implications of the recent Panama Papers leaks. What does this mean for the future of tax havens? Also, will be the appetite for local enforcement in those...more

Schrems & The Collapse of Safe Harbor: What Are The Alternatives to EU Data Collection? [Video]

In the second part of a Front-Line interview, Jo Sherman, CEO, EDT, shares her views on how organizations can comply with new EU regulations in the context of the recent Schrems decision, and the collapse of safe harbor. As...more

California Updates Privacy Rights with the Electronic Communications Privacy Act

by Snell & Wilmer on

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

The Schrems Decision and Safe Harbor: Can you bring tools to the data? [Video]

In this Front-Line interview, which is the first of two parts, EDT CEO, Jo Sherman, shares her views as to how data protection and transfer have now changed with regards to the recent Schrems decision. Jo encourages...more

Seoul's Central District Court Issues New Guidance in Search and Seizure of Electronic Data, Likely Setting Precedent

by Kobre & Kim on

The Seoul Central District Court recently published important guidance regarding execution of search and seizure warrants that will likely have significant implications for multinational companies that operate across borders....more

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

by Alston & Bird on

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

An Attempt For ECPA Reform

by King & Spalding on

Under the Electronic Communications Privacy Act of 1986 (“ECPA”), the government can gain access to emails and other electronic communications that are more than 180 days old. This has been termed the “180-day rule,” whereby...more

Behind the Great Firewall Of Ediscovery In Asia

by Conduent on

When dealing with US requests for data subject to ediscovery rules in Asia, corporate counsel at multinational corporations must be on top of their game. Managing ediscovery in the United States alone presents a significant...more

Federal District Court Decision in Microsoft Case re Warrants for Content Stored Outside US

by DLA Piper on

On July 31, the district court judge issued a ruling in the case involving the US Government’s warrant issued to Microsoft to compel production of data stored on the servers of its wholly owned Irish subsidiary located in...more

Foreign Data Center Subject to Reach of U.S. Government

by Pepper Hamilton LLP on

Following the July 31, 2014 decision of a New York federal judge in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 1:13-mj-02814 (SDNY), U.S. companies should be aware that data...more

SDNY Judge Orders Microsoft to Produce Emails Stored Abroad

by Bracewell LLP on

Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel...more

Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

by Blank Rome LLP on

On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence

Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

by JD Supra Perspectives on

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

Discovery Evolutions Hold Promise for Greater Privacy Benefits for Litigants

by Foley & Lardner LLP on

For most civil litigants, discovery is an unprecedented invasion of privacy. Private letters, notes to one’s self, off-the-cuff emails, financial details and transactions, photographs, and all other forms of memorializing...more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

by Foley & Lardner LLP on

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Employee email – neither private nor privileged

by Elizabeth Cohee on

Employees should be put on notice – there is no special privacy protection for email sent or received using an employer’s devices....more

Cybercrimes and the Workplace

by Heather Pruger on

This article discusses that, in addition to civil liability that employment lawyers tend to be alert for in departing employee scenarios, departing employees can also be criminally liable for theft, misappropriation, or other...more

United States v. Maynard, 615 F.3d 544 (Ct. App. D.C. 2010)

Opinion of the Court, Ginsburg, Circuit JudgeD.C.

by Michael D. Scott on

This decision is the subject of the grant of certiorari by the United States Supreme Court in United States v. Jones, 10-1259. Maynard and Jones were co-defendants. All legal issues have either been resolved or abandoned...more

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