Our inaugural issue focuses on a truly transnational and important rule of law: the attorney-client privilege and related protections against disclosure. While this is a topic common to all areas of law, the tax arena at...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
Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more
On March 23, 2018, President Trump signed into law the Consolidated Appropriations Act, 2018, which contained a section entitled the Clarifying Lawful Overseas Use of Data (CLOUD) Act. The CLOUD Act significantly revises the...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
“Orangeworm” Targeting Health Care Industry - In what is being called a systematic targeting of large health care organizations, pharmaceutical companies, and IT companies and equipment manufacturers that service 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
In a February 27 MuniBlog posting we described a case pending before the United States Supreme Court on whether the provider of email services, Microsoft, must provide electronic communications stored outside the United...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
China announced yesterday that it was loosening its rules forcing foreign carmakers to link up with a local partner before building factories in China—a move that some see as a step to lowering tensions with the US....more
Yesterday, the long-running dispute between Microsoft Corp. and the U.S. government regarding data stored abroad was resolved by the United States Supreme Court. ...more
The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more
On the heels of the ransomware that had the City of Atlanta scrambling last week, New York City Mayor Bill de Blasio announced the launch of “NYC Secure,” a free mobile app that will alert New York City residents of...more
The Clarifying Lawful Overseas Use of Data ("CLOUD") Act was enacted into law on March 23, 2018. The Act provides that U.S. law-enforcement orders issued under the Stored Communications Act (SCA) may reach certain data...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
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
The new U.S. CLOUD Act directly addresses the very real challenges faced by law enforcement agencies in the U.S. and internationally in accessing increasingly globalized communications data and provides clarity to...more
Yesterday, we reported that the Department of Justice has asked the U.S. Supreme Court to remand its dispute with Microsoft Corp. concerning access to customer emails stored abroad to the U.S. Court of Appeals for the Second...more
In United States v. Microsoft Corporation, the question that made its way through the Southern District of New York, the Second Circuit Court of Appeals, and then to the Supreme Court is: Under what circumstances may federal...more