News & Analysis as of

Illinois Resurrects Anti-Recording Law

Most states have laws restricting surreptitious recording of conversations, although the terms often vary as to what consent is required. While a prior Illinois law had been declared unconstitutional after a citizen was...more

Uncertainty for the U.S.-EU Safe Harbor Intensified by Non-Binding Recommendation for EU High Court Advisor

In a non-binding opinion issued on September 23, 2015, an Advocate General for the European Court of Justice (“ECJ”) recommended that the ECJ suspend the U.S.-EU Safe Harbor program (“Safe Harbor”) and reexamine whether the...more

Privacy Monday, September 28, 2015: More on US-EU Safe Harbor — what’s next?

We will be following up our post last week regarding the latest US-EU Safe Harbor decision out of Europe with further analysis both from the Mintz Privacy team and our international network of privacy specialists. Our...more

It’s About Time! 10 Key (Needed) Changes Proposed to the Human Subjects Protection “Common Rule”

The world has changed drastically since 1991 when Operation Desert Storm was underway; the USSR crumbled; Prince Charles and Princess Diana separated; the World Wide Web was born; gas cost $1.14; and the Dow peaked at 3168....more

4 Defenses to Employee Defamation Claims

The Recorder reports an uptick in defamation claims by fired employees. These claims are often in the form of plaintiffs saying that their bosses gave others false reasons for their firing. These types of claims strike fear...more

Court Holds Good Faith Belief of Consent is Complete Defense to TCPA Claim

In Danehy v. Time Warner Cable Enterprise LLC, No. 5:14-cv-133, 2015 WL 5534285 (E.D.N.C. Sep. 18, 2015), the United States District Court for the Eastern District of North Carolina held that a caller’s good-faith belief of...more

EU Data Protection Reforms: ICO Critiques Council Draft Regulation Over Consent, Access Rights, EU v. Member State Balance of...

With the EU Data Protection “reform train” rounding what is hopefully the final bend towards the summit of consensus, the UK ICO have published their latest analysis on the Council’s draft EU Data Protection Regulation. The...more

Pennsylvania Supreme Court allows insured to settle without consent of insurer defending under reservation of rights

Bad faith claims can have major consequences for insurers. Stopping the Setup gets into the minds of plaintiffs' lawyers and addresses the ways they try to create bad-faith claims against insurance companies. This overview...more

The Top Social Media Platforms’ Efforts To Control Cyber-Harassment

Social networking platforms have long faced the difficult task of balancing the desire to promote freedom of expression with the need to prevent abuse and harassment on their sites. One of social media’s greatest challenges...more

Brazil’s proposed privacy laws raise public concern

The Brazilian government’s proposal for Brazil’s first data protection framework (‘the Proposal’) hit a stumbling block after major concerns were raised in public comments. After the public consultation period ended,...more

What U.S. Multinational Employers Need to Know about Background Checks

Employers often run background checks on their applicants and employees in order to protect the workplace and to assemble a good and trustworthy workforce. For U.S.-based employers with operations overseas, the legal...more

Georgia Supreme Court Complicates Policyholders’ Ability to Settle Claims Brought Against Them

As we previously reported here, the U.S. Court of Appeals for the Eleventh Circuit asked the Georgia Supreme Court to weigh in on the coverage dispute in Piedmont Office Realty Trust, Inc. v. XL Specialty Insurance Co....more

Wellness: Is Consent the Cure?

In Wellness Int’l Network Ltd. v. Sharif, the U.S. Supreme Court has added another piece of the puzzle needed to resolve the long-discussed issue of bankruptcy court authority. This issue stems from the structure of the...more

White House Releases Draft Privacy Principles for the Precision Medicine Initiative

Six months after the Precision Medicine Initiative’s (Initiative’s) debut, the White House has released a working draft of proposed privacy and trust principles (the Principles) to govern future design and development efforts...more

Pennsylvania Permits Insureds Being Defended under a Reservation of Rights to Settle Without Their Insurer's Consent

A standard provision in the commercial general liability policy and many other liability policies precludes voluntary payments—settlements—by the insured without the insurer’s consent. The Supreme Court of Pennsylvania’s...more

Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

NJ Appellate Division Rules that Continued Employment Means Consent to Arbitration

On July 23, 2015, the New Jersey Appellate Division upheld Ernst & Young’s alternative dispute resolution (“ADR”) policy statement as valid and enforceable. In Jaworski v. Ernst & Young, No. A-5259-13T2, three former...more

Pennsylvania Supreme Court Holds Insured Entitled to Settle Underlying Claim Even Absent Insurer Consent

In its recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers, 2015 Pa. LEXIS 1551 (Pa. July 21, 2015), the Supreme Court of Pennsylvania, deciding a matter of first impression within the Commonwealth, had...more

Georgia Courts Reject Two Common Setup Tactics

In a recent decision, the Eleventh Circuit sought and then applied the Georgia Supreme Court’s answers to two certified questions about policyholder settlements made without the insurer’s consent. Piedmont Office Realty...more

New York Court Enforces Voluntary Payment Provision

In its recent decision in SI Venture Holdings, LLC v. Catlin Specialty Insurance, 2015 U.S. Dist. LEXIS 89925 (S.D.N.Y. July 10, 2015), the United States District Court for the Southern District of New York had occasion to...more

A First Look at the FCC’s 2015 TCPA Declaratory Ruling and Order

On July 10, 2015, the Federal Communications Commission (“FCC” or the “Commission”) released the text of its omnibus Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Ruling”), which the Commission adopted...more

Purchaser of LLC Units May Enforce Non-Compete Without Employee Consent

As ubiquitous as limited liability company interests may be these days, litigants are still arguing over whether the sale of LLC membership units is like the sale of stock. When a stock sale takes place, the new owners of...more

“Enough is Enough” – Governor Cuomo Signs Campus Sexual Assault Legislation

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation to combat sexual assault on both public and private college campuses throughout New York. With a few exceptions, the provisions in the law will take...more

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more

FCC Approves New Pro-Consumer TCPA Rules That Will Likely Create Increased Compliance and Litigation Headaches for Businesses

The Federal Communications Commission (FCC) recently adopted a proposal aimed at clarifying certain provisions of the Telephone Consumer Protection Act (TCPA). The proposal addresses twenty-one (21) petitions related to the...more

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