Data Collection

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ESI Discovery Best Practices, Part 3: You’ve identified ESI, now how do you go about collecting it?

My last blog generally addressed the rules applicable to best practices as to identification of Electronically Stored Information (ESI). Once the data identification process is complete, the next step is to determine...more

ESI Discovery Best Practices, Part 4 – Collection of ESI – Who should be doing it?

There is an ongoing debate about who should conduct ESI collection. This is critical, primarily because if collection is done improperly, it could lead to inadmissibility at trial, sanctions or both....more

Silver Nanotechnology Working Group Welcomes New Members

The Silver Nanotechnology Working Group (SNWG) was founded in 2009 as an industry-wide effort to advance the science and public understanding of the beneficial uses of silver nanoparticles in a wide-range of consumer and...more

OFCCP Updates Its Frequently Asked Questions Regarding the Section 503 and VEVRAA Regulations

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued regulations that became effective on March 24, 2014 governing affirmative action requirements for disabled individuals and protected...more

BB&K Police Bulletin: Officers Must Obtain Warrant to Access Data on Arrestee's Mobile Phone Device

Overview: Today, the U.S. Supreme Court held that police officers may not search digital information on a mobile phone device seized from a person who has been arrested without a warrant. In Riley v. California and U.S. v....more

U.S. v. Ganias: Second Circuit Limits Government’s Ability to Use Electronic Material Seized Beyond Scope of Warrant for Different...

In a recent decision that provides important guidance in the developing law related to government seizure of electronic records in criminal investigations, on June 17, 2014, the United States Court of Appeals for the Second...more

Supreme Court Fires Shot Across The Bow Of NSA Metadata Collection

Recent revelations concerning the activities of the National Security Agency (“NSA”) include reports that the NSA and other government agencies have – in secret – routinely collected in bulk the “metadata” associated with...more

FTC Data Broker Report Recommends New Consumer Protection Legislation

Report Outlines Best Practices for Data Broker Industry - The Federal Trade Commission (FTC) released its report, Data Brokers: A Call for Transparency and Accountability, based on an in-depth study of nine data...more

Federal Court In New York Decertifies FLSA Collective Action Of 1,000 Hospital Workers Challenging Auto-Deduct Policy

Over the past several years, medical providers in particular have been beset by wage and hour claims arising out of so-called “auto-deduct” policies. A recent case, arising out of the Eastern District of New York, a...more

FTC’s Data Broker Report: Transparency And Consumer Control

Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

Social Media Class Actions Buy the Farm(Ville): Ninth Circuit Dismisses Consumer Claims Against Zynga and Facebook for Sharing...

Farmville is a game that celebrates the digital harvest: players earn Farm Coins by diligently and systematically harvesting their virtual crops. Yet a different kind of digital harvest – the harvest of user data – was at the...more

Week in Review

Move over World Cup. Discipline based on employee social media activities is taking center stage this week. Well, maybe the World Cup has a few more headlines, but you can follow the links below to read four articles from...more

Director Cordray testifies before Senate committee

Yesterday, the Senate Committee on Banking, Housing and Urban Affairs heard testimony from Director Cordray at its hearing titled “The Consumer Financial Bureau’s Semi-Annual Report to Congress.” Noteworthy aspects of...more

Louisiana Expands Collection Of Data From Licensed Consumer Lenders

On May 28, Louisiana Governor Bobby Jindal signed SB 241, which expands the information and data the Commissioner of Financial Institutions can collect from licensed non-mortgage consumer lenders. Effective August 1, 2014,...more

Developing a Meaningful Privacy Policy

In May 2014, California’s Attorney General Kamala Harris released recommendations for businesses addressing recent changes and best practices under California’s privacy laws. The guide is entitled “Making Your Privacy...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 29: The EEOC Requires Employers to File...

The EEOC is tasked not only with enforcement and adjudication of employment discrimination; it also has data-collecting requirements. In some cases, that data-collecting is easy: the EEOC can easily count the number and type...more

Data Brokers: “Off the Radar” – FTC Calls for Greater Oversight

A report recently released by the Federal Trade Commission (FTC) concludes that data brokers currently operate so far below the radar screen that most consumers are unable to exercise any real control over the collection and...more

Privacy Tuesday: June 2014

Welcome to another week, and our Privacy Tuesday look at top issues. California Attorney General Puts the Focus on the Consumer - As we have discussed, the California Online Privacy Protection Act was amended,...more

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

Is TMZ Worse Than The NSA?

Donald Sterling’s private telephone conversation. George Clooney’s engagement party. Jay-Z and Solangé’s elevator scuffle. Is TMZ invading privacy rights more than the NSA? The California Constitution, Article 1,...more

Dealing with a Data Broker? Here's What you Need to Know

The FTC recently released its report, “Data Brokers: A Call for Transparency and Accountability.” The report is the result of a study of nine data brokers and provides legislative recommendations...more

Latest Trends in E-Discovery: The Focus on Proportionality and Cooperation

When asked what has been the most significant development in federal litigation during his time on the bench, United States Magistrate Judge John M. Facciola of the D.C. District responded, simply: “the impact upon the...more

White House "Big Data" Report Highlights Benefits and Potential for Abuses from Big Data

The White House this month released its long-awaited report on big data: "Big Data: Seizing Opportunities, Preserving Values". The report was requested by President Barack Obama and addresses the ways in which technological...more

Senate Judiciary Committee Plans Geo-Location Tracking Hearing

The Senate Judiciary Subcommittee on Privacy, Technology and the Law has announced it will hold a hearing on June 4, 2014, regarding the Location Privacy Protection Act of 2014....more

FTC Releases Data Broker Report

Today, the Federal Trade Commission (FTC) released a long-awaited report on the data-broker industry. In the report, the FTC characterized data brokers as operating with a “fundamental lack of transparency.” The report, which...more

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