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Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Disclosure of Certain Private Information on Facebook Account Allowed by New York Court of Appeals

by Cozen O'Connor on

The New York Court of Appeals gave defense counsel in personal injury cases a Valentine’s Day present when it ruled, on February 13, 2018, that discovery under the New York Civil Practice Law and Rules (CPLR 3101 (a))...more

Question Mark Leaves Court Questioning Defamation Claim

Demonstrating the power of punctuation, actor James Woods dodged a Twitter defamation suit after a federal court judge found that his use of a question mark meant his tweet was not a false statement of fact and merely invited...more

CLOUD Act Aims for Clear Skies: Bipartisan CLOUD Act Seeks to Clarify Law Enforcement Access to Overseas Data

by Bracewell LLP on

In October 2017, the Supreme Court granted the Department of Justice’s petition to review the Second Circuit’s decision that limits the reach of warrants issued under the Stored Communications Act (“SCA”). Specifically, the...more

Kolvin Stone Discusses How Law Firms Can Prepare for the GDPR

Kolvin Stone, a partner in Orrick’s Cyber, Privacy & Data Innovation practice in London, recently spoke with The Times’ The Brief Premium on how law firms can prepare for the EU’s new General Data Protection Regulation...more

Facebook Private Pages are not Always Private

by Harris Beach PLLC on

A Facebook user’s privacy settings cannot determine the discoverability of relevant evidence, held New York’s high court, the Court of Appeals. In a unanimous decision, Forman v. Henkin, — NY3d —, 2018 N.Y. Slip Op. 01015,...more

GDPR: The Most Frequently Asked Questions: Does the GDPR data breach notification provision cover the same type of data as United...

by Bryan Cave on

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

Is Apple’s Shazam acquisition the next Facebook-Instagram-Whatsapp?

by Bryan Cave on

On 6 February 2018, the EU Commission announced that it had accepted a referral request from a number of EU countries to assess Apple’s acquisition of Shazam, a UK based developer and distributor of music recognition...more

TCPA Class Certification Denial Exposes Major Spousal Scheme

by Dorsey & Whitney LLP on

There are plenty of things I’d like to do with my wife one day. Take a trip to Greece. Finally convince her to go camping with me (never going to happen). But filing a class action with her as class representative is...more

Email Marketing

by Bryan Cave on

Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more

GDPR May 25th Deadline Approaching – Businesses Globally Will Feel Impact

In less than four months, the General Data Protection Regulation (the "GDPR" or the "Regulation") will take effect in the European Union/European Economic Area, giving individuals in the EU/EEA greater control over their...more

Data Privacy + Cybersecurity Insider - February 2018 #2

by Robinson & Cole LLP on

Cisco is warning customers using its Adaptive Security Appliance (ASA) software about a virtual private network (VPN) bug that could "allow an unauthenticated, remote attacker to cause a reload of the affected system or to...more

Dollars And Sense: Federal Court Refuses To Enjoin State Court Squabble Over Attorneys’ Fees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a TCPA class action where final settlement (including attorneys’ fees) had already received final approval, a federal district court in California denied class counsel’s request to enjoin a pending...more

Privacy Tip #125 – Check + Set LinkedIn Privacy Settings

It is well known that hackers and fraudsters surf Facebook to find individuals who have not protected their information through Facebook’s privacy settings. People put a lot of information on Facebook that is very personal...more

Breaking Down the #Memo

By now you’ve likely heard of, and perhaps read, the much-vaunted memorandum written by the Republican majority staffers on the House Permanent Select Committee on Intelligence (HPSCI) and released to the public this past...more

When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S....more

First views from the CJEU on how to build a consumer collective action in the Schrems v Facebook Ireland case: The concept of...

by Hogan Lovells on

The famous case brought by Maximilian Schrems against Facebook Ireland in Austria, aimed to become an international and large data protection class action, led on 25 January 2018 to a ruling from the CJEU on two main...more

Southern District of Florida Finds Telephone Dialing System is Not an ATDS Under the TCPA

by Burr & Forman on

In Ferrer v. Bayview Loan Servicing, LLC, No. 15-20877-Civ-Scola, 2018 WL 582584 (S.D. Fla. Jan. 26, 2018), the Southern District of Florida determined that a telephone dialing system that was incapable of predictively...more

Net Neutrality Order Deep - Dive: Open Internet Rules Repealed, Transparency Requirements Remain, FTC Role over Broadband Privacy...

by Womble Bond Dickinson on

In this Client Alert, we provide a deep dive on the FCC’s recent Declaratory Ruling, Report and Order, and Order, that largely repeals the so-called “Open Internet” regulatory framework implemented by the prior FCC Chairman...more

Illinois Biometric Lawsuit Against Facebook Moves Through Court System

by Reed Smith on

A 2015 lawsuit brought by Facebook users over the company’s alleged unauthorized collection of their facial features and other facial biometric data pursuant to the Illinois Biometric Information Privacy Act (“BIPA”) is...more

Border Searches: Risks to Electronic Devices and Your Data

U.S. citizens who travel internationally, especially corporate executives and high-net-worth individuals, must consider and navigate data security risks when crossing a border—whether into the United States or another...more

C’est la dernière ligne droite : veillez à être prêt à appliquer le RGPD avant le 25 mai prochain. Et demandez-vous : suis-je sur...

Dans moins de quatre mois, le 25 mai 2018, le règlement général de l'Union européenne sur la protection des données (« RGPD ») entrera en vigueur et la loi française, actuellement en discussion devant le parlement, qui tient...more

Recent Developments in Online Privacy Protections for Canadians

by Bennett Jones LLP on

Forget you ever read this - The Office of the Privacy Commissioner of Canada (OPC) declared last Friday that existing privacy laws allow consumers to ask search engines to remove inaccurate search results and to request...more

Tokyo Dispute Resolution and Crisis Management Newsletter - February 2018

by King & Spalding on

Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communications in Investigations - Internal investigations are an important process for identifying potential wrongdoing by agents of a...more

Schrems v. Facebook: The Show Must Go On In Vienna, But Now As A One-Man Show

Recently, Austrian privacy activist Maximilian Schrems won a partial victory in his continuing battles with Facebook. We discuss that case below. But first, we review his prior tilts with Facebook....more

Voice Recordings, Interconnected Apps and Parental Consent: An Update on COPPA Privacy Compliance

by Stinson Leonard Street on

As children's activities on the Internet have expanded, many states and the federal government have enacted legislation to regulate such activities and other "smart" children’s products—products that collect, transmit or...more

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