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Businesses celebrating a Safe Harbor replacement have been dealt a sobering gut punch from Brussels: in April 2016, the European Union data protection authorities (“DPAs”) may reject not only the recently announced “EU-US Privacy Shield” but also data transfers to the U.S. that are based on Standard Contractual Clauses (a/k/a model contracts) or Binding Corporate...

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European Commission Vice President, Andrus Ansip, and the European Union’s Commissioner for Justice, Vera Jourová, announced that after “tough” negotiations, the United States and the European Union have agreed upon a new framework for transatlantic data flows. This “EU-US Privacy Shield” has been given the green light by the College of Commissioners. Jourová said the...

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Safe Harbor 2.0? “Close” But Not There Yet

Feb 1, 2016 by Kandi Parsons

Vera Jourová, the European Union’s Commissioner for Justice, briefed the European Parliament on the status of a new Safe Harbor deal being negotiated between the United States and the European Union. Jourová indicated the parties are “close” to a deal but “additional effort is needed.” Although discussions are still underway, Jourová outlined the four key...

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The “pick-off” move does not moot an individual plaintiff’s (or a putative class’s) claim. That’s the bottom line from the Supreme Court in the 6-3 ruling in Campbell-Ewald Co. v. Gomez, which resolved a circuit split and held that an unaccepted Rule 68 offer of judgment by itself cannot render a case moot. As described...

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A district court judge rebuked the United States Attorney’s Office for the Eastern District of New York for sending grand jury witness subpoenas with misleading language directing the recipient not to disclose the existence of the subpoena. Although the Court did not suppress evidence gleaned from such subpoenas, the judge warned the government to ensure...

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The Federal Trade Commission’s (“FTC”) new report on big data, signifies its intent to continue regulating the commercial use of consumer information through the enforcement of existing discrimination laws. It also clarifies the FTC’s interpretations of these laws and provides a set of recommendations for companies to consider as they design and implement their big...

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