News & Analysis as of

House Subcommittee Holds “Disruptive” Drone Hearing

The House of Representatives Subcommittee on Commerce, Manufacturing, and Trade held a hearing on the impact of unmanned aircraft systems (“UAS”), or drones, on consumers and manufacturers. Although the Subcommittee’s charge...more

Federal Judge Rules Against NSA Telephone Surveillance Program

On Monday, November 9, Judge Richard Leon of the U.S. District Court for the District of Columbia ruled, in Klayman v. Obama, against part of the National Security Agency’s (“NSA”) surveillance program that collects domestic...more

Expanding Scope of Federal Wiretapping Powers

USA Today’s front-page headline, above the fold, on November 12, 2015 read, “Massive Wire-tapping Operation in L.A.” The secondary headline read, “Drug Agents Intercept More Than 2 Million Conversations in USA.” ...more

The Drones are Under Attack

Those who know me know that I love gadgets. Most of the time, I imagine I have a need that the newest toy will fix, at least until the next one comes along. But, despite my best efforts, I have not been able to create an...more

NLRB Hands Employers a Win (Seriously!): GPS Tracking of Employee Upheld

It is no surprise that the National Labor Relations Board (NLRB) has been busy this summer establishing several principles that are frightening to employers. But in an unexpected turn of events, the NLRB Office of the General...more

Agreement “In Principle” On New US-EU Safe Harbor Pact

The European Union announced on October 26, 2015, that it had reached an agreement “in principle” with the United States on a new transatlantic data-sharing pact—though a final agreement between the parties is likely still...more

Senate Passes Legislation To Ease Sharing Of Cybersecurity Threat Information

On October 27, 2015, the Senate passed S. 754, the Cybersecurity Information Sharing Act of 2015 (“CISA”), which addresses how companies can share cyber threat information with the federal government. The legislation aims to...more

U.S. Senate Moves Forward On Cybersecurity Information-Sharing Legislation

On October 27, 2015, the U.S. Senate passed the Cybersecurity Information Sharing Act of 2015 ("CISA") by a vote of 74-21. CISA had been stalled in the Senate since its submission in April 2015 by Senators Diane Feinstein...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

UPDATE: Is Safe Harbor Still Safe? The European Court of Justice Answers with a Resounding “No”

On September 28, 2015, we released a client alert noting that European Commission Decision 2000/520, known as the “Safe Harbor” for U.S. companies handling the private data of EU citizens, was under attack in the advisory...more

EU Round-UP: Safe Harbor 2.0 and Upcoming National Challenges

EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more

European Union and United States Agree in Principle on New Safe Harbor Framework

On Monday, October 26, European Union Justice Commissioner Vera Jourová delivered a speech before the European Parliament in which she noted that the European Union and the United States had agreed “in principle” on a new...more

Advertising Law - October 2015 #3

With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more

U.S. Congress passes the Judicial Redress Act, but does it provide effective redress?

In an uncharacteristically swift move, the United States Congress passed the Judicial Redress Act (“Act”) on 20 October 2015. The Act proposes to extend safeguards implemented under the Privacy Act 1974, and, if brought into...more

Eye of the Storm: Be Prepared for Cross-Border Data Compliance Ahead of the January 1 Deadline

The eye at the center of a hurricane is the calmest part of the storm. Winds subside. Blue skies appear. A sense of relief falls over everyone because the immediate danger seems to have passed. But one of the biggest...more

California Updates Data Breach Notification Statute

Three bills that will update California’s data breach notification requirements have been signed into law by Governor Jerry Brown. The bills impose specific requirements on providing breach notification to consumers, add a...more

The Article 29 Working Party releases statement on Safe Harbor

Background On 16 October, the Article 29 Working Party released a statement (“Statement”) on the implications of the Court of Justice of the European Union’s (“CJEU”) judgment in Maximillian Schrems v Data Protection...more

Safe Harbor Update: Safe Harbor Sequel Coming Soon?

As we wrote on October 6, 2015, the Court of Justice of the European Union (CJEU) announced its invalidation of the U.S.-EU Safe Harbor program as a legally valid pathway for transferring personal data of European Union (EU)...more

A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S., and...

Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more

No Safe Harbour? Immediate Implications for Employers

A landmark decision of the European Court of Justice (ECJ) has held that companies may no longer rely on “Safe Harbour” to justify transferring personal data from the European Union to the US, because the US Government has a...more

Article 29 Working Party Calls for Political Action

In a concise statement, the Article 29 Working Party (WP29), a consortium of European Data Protection Authorities (DPAs), released a position paper today about the landmark ruling of the European Court of Justice in...more

EU Gives US Until “The End of January” to Find Safe Harbor Solution or Enforcement Could Begin

On October 16, 2015, EU authorities gave the U.S. and European Union until the end of January 2016 6o find a replacement for the former US-EU Safe Harbor regime, or enforcement actions could begin. The full statement of the...more

Article 29 Working Party Issues Statement Following Landmark CJEU Safe Harbor Ruling

Since the Article 29 Working Party on the Protection of Individuals (“WP29”) announced last week that it would it shortly issue a statement on the landmark CJEU ruling invalidating the Safe Harbor Decision (Schrems v. Data...more

A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S.

Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more

Friendly Skies in California After Governor Brown Vetoes Drone Restrictions, Federal Response Uncertain

Iconic California tech companies are helping to pioneer the drone revolution. For over a year, Google’s advanced-research arm, Google X, has been testing its Project Wing aircraft in cooperation with NASA, moving ever-closer...more

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