News & Analysis as of

Mobile Devices Cell Phones

EDRM - Electronic Discovery Reference Model

Geofence Search Warrant Held Valid

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

Association of Certified E-Discovery...

Where in the World is That Phone? Geolocation of Mobile Devices

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

Parker Poe Adams & Bernstein LLP

On-Call Time Not Compensable if Employee Not Restricted

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

EDRM - Electronic Discovery Reference Model

Revolutionary Smartphone Data Collection Technology Helps Corporations Enforce and Comply with Regulatory Rules

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

Nelson Mullins Riley & Scarborough LLP

Beware of Scams that Hijack Cellphone Accounts: The Importance of Authentication for Businesses and Consumers: Privacy Day...

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

Walkers

(Jersey) Cell Companies

Walkers on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri’s Hands-Free Law Takes Effect, Prohibiting Handheld Cell Phone Use While Driving

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

Poyner Spruill LLP

“It’s Not My Phone” May Be No Better an Excuse Than “My Dog Ate My Homework”

Poyner Spruill LLP on

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

Venable LLP

FCC Levies $5 Million Fine for Political Calling Campaign That Violated the TCPA

Venable LLP on

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

Womble Bond Dickinson

Does The National Do Not Call Registry Protection Apply to Cell Phones? It depends...

Womble Bond Dickinson on

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 - Electronic Discovery Reference Model

Key Takeaways and Highlights from Legalweek 2023

[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

Faegre Drinker Biddle & Reath LLP

Conflicting Decisions Illustrate Uncertainty as to Whether TCPA Extends to Text Messages

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

Butler Snow LLP

Warning: No Fishing Allowed! – Pt. 2: No, They Can’t Catch Cell Phones Either

Butler Snow LLP on

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

Goodwin

Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers...

Goodwin on

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

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics

Fox Rothschild LLP on

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&O Shearman

Incorporating by reference? Be caring and as clear as the sky is blu

A&O Shearman on

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

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #300 – Apple iPhone Users: Update Your iPhone iOS ASAP

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

Womble Bond Dickinson

Company Using Predictive Dialer Prevails in Post-Facebook Decision

Womble Bond Dickinson on

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

Womble Bond Dickinson

The Slow-Tech Movement in a High-Tech World: Mobile Phones

Womble Bond Dickinson on

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

Robinson+Cole Data Privacy + Security Insider

Apple Issues Patches: Apply Them Now and Alert Your Employees to Do the Same

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

Sheppard Mullin Richter & Hampton LLP

Time to Update Your Privacy Disclosure Creation Checklists? Google Will Add to Mobile Privacy Disclosure Requirements

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

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #284 – Check Out EFF’s Surveillance Self-Defense Playlist: Getting to Know Your Phone

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

Benesch

Serial TCPA Litigant’s Claims Dismissed For Inadequately Pleading Whether His Number is Protected By TCPA

Benesch on

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

Butler Snow LLP

Has Your Company's BYOD Policy Withstood to the Test of Time?

Butler Snow LLP on

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

Sheppard Mullin Richter & Hampton LLP

Apple Privacy Nutrition Labels Effective Starting Next Month

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

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