[Podcast] Hosted Payload Episode 2
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
Podcast: Conductive Discussions: Recent FRAND & Trade Secret Enforcement Trends Affecting the Semiconductor Industry
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
Won’t You Be My Neighbor?
A Valuable Discussion About Property Values
The TCPA: Basics, Targeted Industries, and Trends
New Jersey to consider allowing police to search cell phones to combat distracted driving
Instapundit: America's IP Laws Need to be "Pruned Back"
County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of...more
Mobile devices and cell phones are frequent sources of evidence in modern legal cases and investigations, and a common question involves where a phone was at a particular time. Although CSI makes this seem like a question...more
In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more
The use of smartphones in the workplace is commonplace. Smartphones can offer many benefits to employees and employers, such as increased productivity, communication, collaboration, and flexibility. Hence, many companies...more
Consumers use cell phone numbers to authenticate their identities across a variety of accounts, such as those held with wireless providers, financial institutions, healthcare providers, and retail websites. One common example...more
The Companies (Jersey) Law 1991 (the "Law") permits the creation of cell companies and sets out the legal requirements relating to cell companies in Jersey. In essence, cell companies are companies whose assets and...more
Employers with employees in Missouri who drive as a part of their employment may want to take appropriate measures to inform employees of a new law that prohibits the use of cell phones and other handheld devices while...more
Texting in the course and scope of business communications is almost ubiquitous. If your company issued a phone to an employee, presumably your company has the ability to control and preserve text messages sent on it. ...more
As part of a broader campaign to go after “robocall” violations, the Federal Communications Commission (FCC) has announced a $5,134,500 fine against a company and its owners for making 1,141 robocalls in 2020 that violated...more
On February 8, 2023, U.S. Magistrate Judge David S. Cayer issued a Memorandum and Recommendation in which he recommended dismissing a Telephone Consumer Protection Act (“TCPA”) claim on the defendant’s motion to dismiss...more
[EDRM Editor’s Note: This article was first published April 4, 2023 and EDRM is grateful to our EDRM Global Advisory Council Leader, Monica Harris of EDRM Trusted Partner, Cellebrite Enterprise Solutions, for permission to...more
Two recent District Court opinions highlight an ongoing dispute as to whether the TCPA and its implementing regulations should apply to mobile (cellular) phones and text messages received thereon, as opposed to the more...more
Previously, we analyzed the proper scope for discovery requests that asked for employee drug and alcohol test results. In this article, we analyze a far more potent discovery substance—cell phone data....more
On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS)...more
Cell phones, tablets, laptops… your digital fingerprint can be more extensive than you realize. Dive deep into computer forensics as Lacey Walker, Jr., President of the Computer Forensics Practice LLC, and Matthew Adams,...more
A cancellation clause in a signed mobile phone supply contract was considered unduly onerous and not fairly and reasonably drawn to the purchaser’s attention to be incorporated by reference. ...more
We have noted before how important it is to update the operating system (OS) on your mobile phone as soon as you receive notice from the manufacturer. This week, Apple issued an update to the iOS that is considered urgent....more
A federal court out of Nebraska recently issued a decision providing a decisive post-Facebook v. Duguid victory for a company using a predictive dialer. In Grome v. USAA Savings Bank, No. 4:19-CV-3080, 2021 WL 3883713 (D....more
Technological turnover is the process in which technology advancements renders previous iterations obsolete. Each innovation comes with new features, faster computing, and changes in user experience....more
Earlier this week, Apple issued another patch—this one is said to address a reported vulnerability that “an application may be able to execute arbitrary code with kernel privileges.” According to Apple, it “is aware of a...more
Google recently announced that beginning next year it will require Android mobile apps to provide privacy disclosures. These disclosures will live in a new “safety section” in Google Play...more
The Electronic Frontier Foundation (EFF) (www.eff.org) is a wonderful resource for privacy-related issues and concerns. I check its website frequently to make sure I am aware of the latest issues and concerns around privacy....more
Little details matter, particularly in TCPA class actions. The court’s decision in Perrong v. Victory Phones LLC, No. 20-5317, 2021 U.S. Dist. LEXIS 26159 (E.D. Pa. Feb. 11, 2021) is a good reminder not to simply gloss over...more
Many companies have implemented Bring Your Own Device (“BYOD”) policies. For some, it has been years since they were put in place. Has your policy withstood the test of time? Employees are using their devices differently than...more
Apple has launched, in connection with other privacy changes in iOS 14, a requirement for privacy “nutrition labels.” The labels are required for new and existing apps, and are in addition to the existing requirement of...more