Business Corporation Law (“BCL”) §708(b) allows any action required or permitted to be taken by a board (or any committee thereof) to be taken without a meeting if all members of the board (or the committee) consent in...more
A lot of attention is now being paid to the topic of data governance, and what it means versus data management. Within the last few years, data governance has leapt from an esoteric term bandied about only by IT...more
Recently, Amazon refused (registration required) to provide data from an Amazon Echo device in a case involving the a double homicide in response to an order issued by a New Hampshire state judge. Prosecutors believe that the...more
In its July newsletter on cybersecurity, the Office for Civil Rights (OCR) released “Guidance on Disposing of Electronic Devices and Media,” which outlines the requirements health care providers and business associates have...more
The Clarifying Lawful Overseas Use of Data ("CLOUD") Act was enacted into law on March 23, 2018. The Act provides that U.S. law-enforcement orders issued under the Stored Communications Act (SCA) may reach certain data...more
We’ve written several times about the landmark dispute between the U.S. government and Microsoft Corp. over access to a customer’s emails stored in Ireland. Now, a month after the U.S. Supreme Court heard oral argument on the...more
The fight over the privacy of electronic communications and the government’s ability to reach emails stored abroad in criminal investigations has finally moved to the U.S. Supreme Court. ...more
If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant? Courts have held that, because companies...more
A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to...more
Last Monday, the Supreme Court granted certiorari in the Microsoft search warrant case, a case in which Microsoft challenged the U.S. government’s right to use the warrant process to obtain certain emails stored overseas. ...more
The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more
Another federal judge has rejected the U.S. Court of Appeals for the Second Circuit’s interpretation of the Stored Communications Act (SCA), and has ordered Google to hand over customer email traffic—wherever located—to U.S....more
Lawyers for the tech community are gearing up for argument next month in the U.S. District Court in San Francisco, seeking to overturn another magistrate’s order that requires digital information stored outside of the U.S. to...more
As technology progresses and the world becomes even more interconnected, the scope of the Stored Communications Act (“SCA” or “Act”) has become a topic of much interest in the federal courts. One question courts have grappled...more
Police in Bentonville, Arkansas are seeking records from an Amazon Echo device (for the second time) which may contain records in connection with a murder investigation in the home of James Andrew Bates where Victor Collins...more
On June 30, 2015, the Governor of Connecticut signed into law S.B. 949, “An Act Improving Data Security and Agency Effectiveness." The new law updates Connecticut’s data security laws, including by adding a 90-day hard...more