News & Analysis as of

Stored Communications Act

Bradley Arant Boult Cummings LLP

Phishing Subpoenas – A New Privacy Threat?

Privacy issues are inherent in almost all facets of a business — from operations, employment, and technology to customer service, contracts, legal and compliance — all with varying degrees of risk. Most companies mitigate...more

Foley & Lardner LLP

Reminder — New York Social Media Privacy Protections Go into Effect March 12, 2024

Foley & Lardner LLP on

As we reported at the end of 2023, New York will soon join California, Colorado, Illinois, and a number of other states that protect employees’ and job applicants’ social media privacy. These protections are part of a bill...more

EDRM - Electronic Discovery Reference Model

January’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published January 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Akin Gump Strauss Hauer & Feld LLP

SEC Recordkeeping v. Privacy: Recent Opinion Stirs Debate

In 2018, an investment professional sued the firm he co-founded for wrongful termination and federal privacy law violations associated with the former employer’s remote accessing into a desktop computer it had purchased for...more

Foley Hoag LLP - White Collar Law &...

DOJ’s Settlement Imposes Legal Process Compliance Monitor, Highlighting the Government’s Increased Focus on Data Preservation

Google will spend the next three years with an independent compliance monitor scrutinizing its process for responding to warrants and other government data requests. This and other requirements are part of a settlement...more

Ballard Spahr LLP

New Wiretap Cases Target Hospitals Using Meta Pixel

Ballard Spahr LLP on

As we discussed in a recent webcast, there has been a surge in litigation focused on companies’ use of Meta Pixel, which is tracking code that enables the sharing of user online activity with Facebook. Recent litigation has...more

Wiley Rein LLP

The CLOUD Act Data Access Agreement – 10 Things That U.S. Telecommunications Companies Need to Know Now

Wiley Rein LLP on

Most of the world’s popular telecommunications services, like social media platforms and message services, operate within the United States, but many operate overseas as well. Law enforcement in the United States and...more

Benesch

Proposed Federal Data Protection Law Would Impose Duty of Loyalty and Allow Limited Private Right of Action

Benesch on

The proposed law⁠ - which is broadly applicable to most entities doing business in the United States - is the first real indication of bipartisan movement on data protection at the federal-level. The House Committee on...more

Troutman Pepper

More Privacy, Please - May 2022

Troutman Pepper on

Editor’s Note: Connecticut became the fifth state in the nation to successfully pass a comprehensive privacy bill (now awaiting its governor’s signature), following California, Colorado, Utah, and Virginia. Meanwhile,...more

Davis Wright Tremaine LLP

Illinois "Protecting Household Privacy Act" Takes Effect

Leading on the data privacy front again after passing one of the toughest biometric data privacy laws in the nation, Illinois is now the first state to expressly limit law enforcement access to household digital device data....more

K&L Gates LLP

Litigation Minute: Subpoenas and the Stored Communications Act

K&L Gates LLP on

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - "Our business runs an electronic communication system and we got a subpoena for something that one of our users stores on our system. Can't we just produce it?" STOP! The content...more

BCLP

District Court Says Supreme Court Ruling on Standing in Class Actions Does Not Apply to Privacy Claims

BCLP on

On June 25, 2021, the Supreme Court issued an important decision on Article III standing in class actions that will have a significant impact on the way class actions are certified - and will likely scuttle numerous ...more

Alston & Bird

A Practical Guide to Challenging Gag Orders Under the Stored Communications Act

Alston & Bird on

When is it a good idea to challenge a government request for information, especially gag orders? Our Privacy, Cyber & Data Strategy Team summarizes the statutory, constitutional, and policy rules governing gag orders and...more

Proskauer - New Media & Technology

Plaid Federal Electronic Surveillance Claims Dropped, Privacy Claims Survive

On April 30, 2021 a California district court trimmed various federal privacy-related claims, including the Computer Fraud and Abuse Act (CFAA) claim, from a highly-visible, ongoing putative class action against fintech...more

Hanzo

Case Law Summary: Can You Use Slack for Business Communications If You Can’t Produce Slack Messages in Discovery?

Hanzo on

Which comes first: the chicken or the egg? Oh, sorry, wrong question. Which comes first: the business communication platform or the ability to preserve, collect, and produce communications from that platform during...more

Bradley Arant Boult Cummings LLP

Privacy Litigation Updates for the Financial Services Sector: Claims Against Yodlee Survive and Limited Discovery of Envestnet...

In November 2020, Yodlee and its parent company Envestnet filed separate motions to dismiss the class action lawsuit brought over Yodlee’s alleged data collection and use practices. Yodlee’s motion to dismiss argued that...more

Benesch

The Consumer Class Action Trend You’ve Never Heard of: State Wiretap Cases

Benesch on

While the consumer class action landscape has been dominated as of late with the usual suspects (Telephone Consumer Protection Act, Fair Credit Reporting Act, etc.) and the new twists on old standbys (current flavor of the...more

Winstead PC

It’s Time for Employers to Revisit Their Employment Policies to Be Ready to Address Political Disputes Among Coworkers

Winstead PC on

With political division in the United States on full display in the midst of a pandemic, Americans are faced with deepening rifts that touch not only their social circles and family units, but also their work lives. It...more

Faegre Drinker Biddle & Reath LLP

FCC Reconsiders Government Contractors’ Classification as TCPA Non-“Persons”

The FCC in 2016 determined that the federal government was not a “person” subject to the TCPA, and that by extension, federal contractors working within the scope of their delegated authority were also not bound by TCPA...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Trans Fat and Stolen Emails

This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the...more

Ballard Spahr LLP

Digital Assets in Estate Planning: Cybersecurity Concerns and Considerations

Ballard Spahr LLP on

With the rise of the digital world, many estate planning clients have accumulated large collections of “digital assets” that are stored online. In its simplest form, a “digital asset” is a non-physical asset that exists...more

Proskauer - New Media & Technology

Financial Data Aggregator Faces Consumer Privacy Suit over “Surreptitious” Collection of Banking Information

Last week, a putative privacy-related class action was filed in California district court against financial analytics firm Envestnet, Inc. (“Envestnet”), which operates Yodlee, Inc. (“Yodlee”). (Wesch v. Yodlee Inc., No....more

Constangy, Brooks, Smith & Prophete, LLP

Tracking Employees In The Age Of COVID-19

Monitoring employees isn’t a new or novel idea. Companies have long debated the merits of video surveillance in the workplace, tracking employee vehicles with GPS, or monitoring employee movements via a smartphone...more

Farella Braun + Martel LLP

A Roadmap to Litigating Privacy Claims? A Look at a Recent Order From the Google Assistant Privacy Litigation

As privacy-related litigation continues to heat up, Judge Beth Freeman (ND Cal.) recently laid out in In re Google Assistant Privacy Litigation (Case No. 19-cv-04286) a potential roadmap for surviving or winning a motion to...more

King & Spalding

Ninth Circuit Revives Claims Alleging that Facebook Violated Users’ Privacy

King & Spalding on

On April 9, the Ninth Circuit reversed a district court’s dismissal of several privacy claims advanced in a putative class action alleging that Facebook improperly tracked its users’ browsing histories—and sold them to...more

271 Results
 / 
View per page
Page: of 11

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide