News & Analysis as of

Reasonable Expectation of Privacy

Woods Rogers

What's the Tea in L&E? Employee Devices: What is #NSFW?

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What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan discuss what content is...more

Vondran Legal

How to Obtain a Court Ordered Subpoena for ISP Subscriber Identity

Vondran Legal on

Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more

EDRM - Electronic Discovery Reference Model

[Webinar] Are Large Language Models Like GPT Secure? A Look at the Technology and the Law. - September 28th, 2:00 pm - 3:00 pm BST

In an age of digital transformation, the legal industry is increasingly thinking about using AI and Large Language Models (LLMs) like GPT for document review, legal research, and even writing legal briefs. Yet, in our...more

Chartwell Law

Summertime Surveillance and Workers’ Compensation

Chartwell Law on

In 1963, the Pennsylvania Supreme Court determined that there is no expectation of privacy when a private investigator follows an individual and photographs her on the street subsequent to her claiming personal injuries...more

Weber Gallagher Simpson Stapleton Fires &...

Can I Record my Ex Yelling at Me?

You are in a contentious custody case. You and the other parent argue. Sometimes you are on the “giving” end, but most of the time you are the one receiving an unwarranted and unnecessary earful. While you know better than to...more

Cooley LLP

Privilege: Privacy and Confidentiality Are Not to Be Equated

Cooley LLP on

In Jinxin Inc v Aser Media PTE Ltd & Others, the High Court of England and Wales determined that directors’ personal emails and documents on a company’s computer system were confidential, despite the company’s ability to...more

Orrick, Herrington & Sutcliffe LLP

Increased Scrutiny of Employee Monitoring Practices: Top 5 Takeaways Employers Need to Know

We are observing growing regulatory scrutiny of advanced employee monitoring practices, particularly from the European Union. Here are the key takeaways... ...more

Robinson+Cole Data Privacy + Security Insider

Court Rules that Universities Can’t Scan Students’ Rooms During Remote Testing

In a case brought against Cleveland State University, a federal court has ruled that it is unconstitutional for a state university to require a student to allow a virtual camera scan of their home testing area during a remote...more

Woodruff Sawyer

Outside Director Communications: Maximizing the Potential to Protect Attorney-Client Privilege

Woodruff Sawyer on

Email communications can be a trap for unwary independent directors. The December 2020 In re WeWork Litigation decision illustrates the point, as discussed in this earlier blog. Specifically, directors who often use corporate...more

Kohrman Jackson & Krantz LLP

When Private Arbitration Becomes Public

A recent federal case in New York cautions against failing to pay arbitration awards if the party wishes to keep an arbitration decision out of the public eye. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Law Governing Attorney-Client Privilege for Emails Hosted on Noncompany Servers Continues To Evolve in Delaware

Delaware Rule of Evidence 502(b) codifies the attorney-client privilege and insulates from discovery “confidential communications made for the purpose of facilitating the rendition of professional legal services to the...more

Proskauer - Minding Your Business

NY Court Re-Affirms Privilege Protection for Personal Emails Sent by Law Firm Partner on Firm Email Account

Citing new deposition testimony, actor Justin Theroux in a recent motion asked the New York Supreme Court to reconsider its December 2020 denial of Theroux’s motion to compel production of emails that his neighbor, Norman...more

Cozen O'Connor

Policyholder Permitted to Videotape Appraisal

Cozen O'Connor on

In Silversmith v State Farm Insurance Company, 2021 W.L. 2910240 (Fla. 4th DCA July 7, 2021), Florida’s Fourth District Court of Appeal ruled that policyholders may openly videotape an inspection by the insurance company...more

McNees Wallace & Nurick LLC

Nanny Cams & Workplace Privacy: PA Supreme Court Provides Clarity on Domestic Employees’ Expectation of Privacy

In the recent decision of Commonwealth v. Mason, the Pennsylvania Supreme Court held that a nanny did not have a reasonable expectation of privacy while working inside the home of her employer.  Thus, the employer’s decision...more

Proskauer - Minding Your Business

Firm’s Computer Policy Doesn’t Undermine Claim of Privilege Over “Private” Communications With Counsel

New York City apartment living can spawn interesting legal disputes when neighbors fail to resolve their grievances amicably and resort to the courts. Sometimes these disputes bring fanfare as well as opportunities to...more

Vinson & Elkins LLP

Government Doesn’t Need Warrant To Put Pole Camera Outside Your Home Says First Circuit, Limiting Carpenter’s Reach-UPDATED...

Vinson & Elkins LLP on

Update: The First Circuit has granted en banc review of Moore-Bush. In doing so, the court has withdrawn the opinion detailed below. The full court will now consider whether the Fourth Amendment requires a warrant for placing...more

Womble Bond Dickinson

Home A-Drone: Surveillance Invited into Our Houses

Womble Bond Dickinson on

In ancient European lore, vampires cannot enter a home without being invited in. Once invited, they are free to pass at will, feasting on the inhabitants. Of course, this legend had a practical purpose – to teach the young...more

Sullivan & Worcester

The Fourth Amendment Downs 'Video Voyeurism' in Kraft SpaGate Case

Sullivan & Worcester on

On Wednesday, Florida’s Fourth District Court of Appeal affirmed a lower court decision excluding video evidence that Florida prosecutors sought to use in their case against hundreds of men who allegedly patronized the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - July 2020

In this issue, we discuss the new initiatives under New York's BitLicense regime that clarify and streamline the regulatory landscape for virtual currency entities doing business within the state. We also examine the...more

Polsinelli

United States v. Gratkowski - Beware of Inanimate Objects That Violate Your Privacy

Polsinelli on

In Philip K. Dick’s novel Ubik, the sci-fi legend warned the world of the dangers of inanimate objects that could violate our privacy. In a virtual nod to Ubik and Dick, the Fifth Circuit Court of Appeals ruled the privacy...more

Polsinelli

Bitcoin Data Akin to Bank Records Under Fourth Amendment

Polsinelli on

Faced with the novel question of whether an individual has a Fourth Amendment privacy interest in the records of their Bitcoin transactions, the Fifth Circuit found that Bitcoin data is akin to bank records and not subject to...more

Vinson & Elkins LLP

Government Doesn’t Need Warrant To Put Pole Camera Outside Your Home Says First Circuit, Limiting Carpenter’s Reach

Vinson & Elkins LLP on

In United States v. Moore-Bush, the First Circuit recently held that the government does not need a warrant to place a pole camera outside of a defendant’s home. The court considered whether the placement of that camera...more

Poyner Spruill LLP

Electronic Monitoring and/or Recording of or in Residents’ Rooms or Facility Common Areas

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POLICY: __________________________ (Facility Name) supports a resident’s right to live in a safe environment and a resident’s right to privacy. To satisfy each resident’s expectation of privacy in his or her own room and in...more

Dorsey & Whitney LLP

Ain’t No QSA 4 CCPA

Dorsey & Whitney LLP on

As of January 1, 2020, the California Consumer Privacy Act (CCPA) is in effect and impacts numerous businesses that collect or process the personal information of California residents. The CCPA carries potentially stiff...more

Mintz - Privacy & Cybersecurity Viewpoints

Congressional Privacy Action – Part 2: The House

The House Bill. The House is taking a different approach to drafting a federal privacy bill. On December 18, Democratic and Republican staff for the House Energy & Commerce Committee released a bipartisan staff draft for...more

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