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...
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
Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more
In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right will not by itself satisfy the “concrete...more
In Frank v. Gaos, the Supreme Court appeared poised to decide a divisive class action issue: whether settlement awards to third-party charities (known as cy pres awards) are valid. On March 20, however, an 8-1 majority...more
In Frank v. Gaos, plaintiff Paloma Goas brought a class action alleging that Google’s transmission of users’ search terms violated the Stored Communications Act, 18 U.S.C. § 2701, et seq. (“SCA”). The SCA creates a private...more
As we predicted in a January 2019 post [Cy pres-only class settlements – anticipated Supreme Court decision may never come to pass], the United States Supreme Court, in a closely-watched case, declined to rule on the fairness...more
The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit...more
The federal rules of civil procedure require that class action settlements be “fair, reasonable, and adequate.” In Frank v. Gaos, No. 17-961, the U.S. Supreme Court was expected to decide whether a district court properly...more
On March 20, 2019, the Supreme Court refused to address the adequacy of a $8.5 million Google privacy class action settlement and instead remanded to a lower court to determine whether the class action plaintiffs had standing...more
Takeaway: On April 30, the U.S. Supreme Court granted certiorari in a Ninth Circuit case approving a cy pres-only class action settlement. As we reported in a May 2018 post [U.S. Supreme Court puts class action doubleheader...more
In January, I wrote a blog about the landmark case of United States v. Microsoft Corp. pending before the United States Supreme Court. You can read that blog here. The issue before the Court was whether a United States-based...more
The Supreme Court of the United States issued six decisions today: WesternGeco LLC v. ION Geophysical Corp., No. 16-1011: Petitioner WesternGeco LLC owns patents relating to a system for surveying the ocean floor. ...more
The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) amends the Stored Communications Act (SCA) and moots the Supreme Court's consideration of a dispute between the U.S. government and Microsoft over whether Microsoft...more
On April 17, 2018, at the request of both sides of United States v. Microsoft Corp., the U.S. Supreme Court remanded and dismissed one of the most closely watched privacy cases of the last several years just a few weeks after...more
The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) was recently signed into law as part of the omnibus appropriations bill. ...more
Without any public hearings, review, or public comment Congress created the CLOUD Act which was signed into law as part of the $1.3 trillion government spending bill which changed the 1986 Stored Communications Act (SCA). The...more
On April 17, 2018, the Supreme Court dismissed United States v. Microsoft, No. 17-12, 548 U.S. ___ (2018) (per curiam), deciding that recently enacted federal legislation had mooted the legal dispute in the case. The appeal...more
As had been expected following the passage of the CLOUD Act by Congress last month, the U.S. Supreme Court remanded and ordered the dismissal of the pending United States v. Microsoft Corporation, Inc. case in a per curiam...more
On April 17th, the U.S. Supreme Court dismissed the highly anticipated U.S. v. Microsoft, ruling that recently enacted legislation rendered the case moot. Microsoft Corp. had been in litigation with the U.S. Department of...more
The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more
On March 30, 2018 Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit...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 EU’s General Data Protective Regulation (“GDPR”) has been a popular topic of late. Fisher Phillips’ Employment Privacy Blog has covered the evolution of this regulation, starting with the roll back of the previous “safe...more
On Tuesday, February 27, 2018, the US Supreme Court heard oral argument in connection with an ongoing dispute between the Department of Justice (DOJ) and Microsoft over data in the corporation’s datacenter in Ireland. At the...more
On February 27, 2018, the U.S. Supreme Court heard oral arguments in United States v. Microsoft, No. 17-2. The case presents the question whether a U.S.-based entity (Microsoft) must comply with a judicially-authorized...more