News & Analysis as of

Public Information

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

by Holland & Knight LLP on

• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. • Notably, the opinion recites the...more

Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data

In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would...more

Arizona Court of Appeals Declares Trial Court's Media Restrictions Unconstitutional

by Ballard Spahr LLP on

The Arizona Court of Appeals issued a unanimous opinion late last month reaffirming the strict requirements for limiting the media's ability to disseminate public information and strongly cautioning trial courts against...more

U.S. to Begin Collecting Social Media Information on All Immigrants

Starting October 18, as part of a new tracking system, the Department of Homeland Security will collect social media and internet data on U.S. immigrants, including lawful permanent residents, and naturalized citizens. This...more

California District Court Denies Dismissal Of Securities Fraud Class Action, Finding Public Information Is Not Immaterial As A...

by Shearman & Sterling LLP on

On September 6, 2017, Judge Andrew J. Guilford of the Central District of California denied motions to dismiss a putative securities class action asserting claims under Section 10(b) and 20(a) of the Securities Exchange Act...more

District Court Issues Injunction in hiQ v. LinkedIn Scraping Case

On August 14, 2017, the U.S. District Court for the Northern District of California issued a preliminary injunction that prohibits LinkedIn from implementing legal or technological restrictions on hiQ's access, copying, and...more

PCAOB Provides Advice to Audit Committees on New Disclosures About Audit Participants

by WilmerHale on

Lewis Ferguson, a member of the Public Company Accounting Oversight Board, recently provided guidance to audit committees on how committees might use new, publicly available information regarding other accounting firm(s) that...more

Federal government proposes reform of public sector Access to Information Act

by DLA Piper on

The Government of Canada has proposed amendments to the federal Access to Information Act (ATIA) with the stated goal of improving public access to government records. Access to Information advocates have been calling for an...more

The 2017 Texas Legislative Session: A Mixed Bag for Texas Newsrooms

by Jackson Walker on

In football, blocking and tackling is as important as connecting on a long pass. In a legislative session that was tough going for advocates of open government and news reporting, a tenacious defense won more victories than...more

Protecting Information in the Competitive Bidding

by Gray Reed & McGraw on

Growth in the DFW metroplex is booming, and the City of Flourish is one of the driving forces. Unfortunately, the City has had a difficult time keeping up its infrastructure with the growing population. Recently the City...more

All Trade Secrets Must Be Secret; But Not All Secrets are Trade Secrets

A pair of recent cases illustrate two important interrelated points about trade secret law: First, all trade secrets must be secret. Second, and less obvious, not all secrets are trade secrets....more

Public Information Act: Trade Secret Loophole Threatens Government Transparency

by Jackson Walker on

Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and...more

Watch the Napkin: First Circuit Affirms Insider-Trading Conviction

In what appears to be the first appellate decision since the Supreme Court’s December 2016 ruling in Salman v. United States, the U.S. Court of Appeals for the First Circuit affirmed an insider-trading conviction based on a...more

Health Care Legislation Maryland 2016 First Interim Report

by Baker Ober Health Law on

The bills cited and reviewed in this Report are not an exhaustive presentation of all healthcare legislation. Rather, they represent either proposed or adopted legislation that we believe are among the most beneficial,...more

Compilation of Public Data Can be Trade Secret

A recent 9th Circuit Court of Appeals decision confirmed that data derived from a compilation of publicly available information can constitute a protectable trade secret, particularly when a proprietary process is used to...more

New Texas Form A Requirements and Confidentiality Provisions Adopted by Texas Department of Insurance

by Locke Lord LLP on

The Texas Department of Insurance (TDI) recently adopted amendments to 28 TAC §7.209 (Rule 7.209) relating to the requirements for Form A filings in connection with the acquisition or change of control of Texas domestic...more

CardiAQ’s Inventorship Challenge Survives

Neovasc began its business relationship with CardiAQ in June, 2009, by providing services and supplies for the development of CardiAQ’s TMVI heart valve device. Though the relationship lasted only 10 months, the parties...more

NLRB Regional Directors’ Formal Unfair Labor Practices Complaints to be Reported to Federal Database

by Jackson Lewis P.C. on

The National Labor Relations Board has stated that it will report to a federal database all unfair labor practice complaints issued by its Regional Directors beginning July 1, 2016, in order to comply with “Fair Pay and Safe...more

Weaving Together the Strands of Big Data Policy and Practice in Local Government

by Best Best & Krieger LLP on

For more than two decades, beginning with the emergence in the mid-1990s of CompStat in the New York City Police Department, local governments have been using data, combined with accountability and follow-through, to improve...more

Split Circuit: Seventh Circuit Debate over Judicial Internet Research Ends in a Tie

by Foley & Lardner LLP on

The results are in this afternoon in the Seventh Circuit’s vote to rehear en banc Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), and it was a close one, a 4-4 tie, which means that the majority’s opinion stands, though not...more

Re-use of Public Sector Information Regulations 2015 finally in force

by Reed Smith on

On 18 July 2015, the Re-use of Public Sector Information Regulations 2015 (SI 2015/1415) (‘the New Regulations’) came into force, replacing the 2005 Regulations of the same name (SI 2005/1515)....more

Erasure Laws Don’t Equal Right to be Forgotten

by LeClairRyan on

We have previously blogged about the “right to be forgotten,” which has gained a substantial foothold in Europe, and which one nonprofit consumer group has urged the Federal Trade Commission to adopt. While that “right”...more

Judicial Internet Research: Does the First SCOTUS Decision of OT 2015 Bode Ill for Dr. Posner?

by Foley & Lardner LLP on

Regular readers of our blog likely are familiar with the Seventh Circuit’s recent decision in Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), and the considerable controversy that Judge Richard Posner created regarding the...more

DEC Explains New Enforcement Initiative to the New York Oil and Gas Industry

by Hodgson Russ LLP on

On September 30, 2015, the New York State Department of Environmental Conservation (DEC) held a public information session regarding DEC enforcement of regulations relating to Petroleum Bulk Storage (PBS), petroleum spills...more

Whistleblower Denied Recovery In FCA Case With $322 Million Settlement

by McGuireWoods LLP on

A whistleblower was recently denied any portion of the Government’s recovery in a False Claims case despite the Government obtaining a settlement of approximately $322 million. The decision arose in the case of United States...more

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Cybersecurity

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