Requesting Cloud Data from Third Parties? Here’s What Every Litigator Needs to Know About the SCA
Data Privacy Legislation: Part 1
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Unique Privacy Concerns for Mobile Apps
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more
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
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
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
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
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
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
Many questions arise during the discovery process: What type of data do parties need to preserve? How should they obtain, review, and disclose it? Are third-party subpoenas necessary? These are just a few things parties need...more
As we face mounting data breaches and fears over loss of privacy, the article notes that, “as the public opinion evolves and increasingly concludes that merely possessing private data puts consumers at risk, consumers may...more
Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more
A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate...more
In our previous installment, we looked at the issues related to Carpenter. That discussion can be found here. Another case involving the Stored Communications Act may also come before the U.S Supreme Court in the...more
Back in December 2013, a U.S. magistrate issued a seemingly routine warrant in a narcotics case demanding that Microsoft turn over messages from a customer’s email account that resided on a server in Ireland. That warrant,...more
In a case closely watched by privacy advocates, on July 14, the Second Circuit Court of Appeals held that the Stored Communications Act (“SCA”) does not authorize U.S. law enforcement authorities to order U.S.-based companies...more
Your social media content is not only susceptible to hacking; it’s also susceptible to disclosure requests from civil litigants (see our Sept. 14 blog post for more details) and even prosecutors without your consent if they...more
In a developing story, The New York Times is reporting that the FBI is investigating the St. Louis Cardinals for hacking into the Houston Astros’ computer networks to steal the Astros’ internal baseball operation intelligence...more
As technology developers continue to push the envelope on services and applications affecting the daily lives of consumers, the intersection of technology and privacy is becoming increasingly fraught with legal implications...more
New Jersey is now among a growing number of states with social media privacy laws to protect personal social media accounts of current employees and applicants. On August 29, 2013, Governor Chris Christie signed a bill that...more
Introduction - On December 14, 2010, a federal court, upon a government motion, entered an order pursuant to the Stored Communications Act (SCA) requiring Twitter to turn over to the government subscriber information...more
In a notable decision that may lead to an increase in privacy class actions under federal law, the Seventh Circuit in Harris v. comScore, Inc. upheld the certification of a class action for alleged privacy violations under...more
In January 2011, David Cheng (Plaintiff) filed a lawsuit against his former co-worker and fellow radiologist, Laura Romo (Defendant), alleging a violation of the Stored Communications Act (SCA) and Massachusetts privacy law....more