When members of the Compliance, Governance and Oversight Council (CGOC) discuss data privacy and security today, I see an entirely new level of urgency.…
<b><i><font size="-1"> Law Enforcement Attempts to Access Amazon Echo Raise Questions over the Viability of IoT Data in Investigations and the Vulnerability of Private Information</b></i></font><p>A case surrounding a mysterious death in a Benton County, AR, has far-reaching implications for the ownership and privacy of data generated from Internet-connected devices.
The Department of Labor (DOL) is asking an administrative law judge to order the company to turn over information on job and salary history for employees…
Given the pending change in administration and uncertainty around President-elect Trump's priorities on cybersecurity, an analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
President Trump is already being pressured to reverse President Obama's Open Internet Order (also known as “net neutrality”) and take an aggressive stance against it. It remains to be seen how President Trump will balance the call for privacy regulations amidst our country's vulnerability to cyber-attacks.
This article discusses the corporate impact of the EU-US Privacy Shield and practical approaches to managing global corporate data in the wake of <i>Schrems</i>.
Devika Kornbacher, Scott Breedlove, Janice Ta
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Aislinn Affinito
The United States does not have comprehensive legislation addressing the privacy implications of the collection and use of geolocation data. However, the Federal Trade Commission (FTC) has used its enforcement authority under Section 5 of the FTC Act to regulate companies engaged in unfair or deceptive practices involving geolocation data.
It is widely accepted that much of today's communications are digital — and as a result, the encryption of data, the privacy laws governing that data, and the role that governments play when national security and law enforcement issues are at stake is a very hot topic.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
