Recent Posts

Since at least fall of 2017, the Department of Education (“ED”) has expected institutions of higher education to report data breaches directly to the department on the same day a breach is discovered – or face fines. Most colleges and universities are by now well aware of their responsibility for safeguarding the confidentiality of student...

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Summary of Supreme Court’s Decision in Carpenter v. United States

Jun 22, 2018 by Marc Zwillinger and Jake Sommer

In a 5-4 decision written by Chief Justice Roberts – and invoking the types of government oppression on liberty that led to the American Revolution —  the Supreme Court reversed the Court of Appeal’s decision and held that the government must obtain a warrant to search a target’s Cell-Site Location Information (“CSLI”). The Court found...

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Note: The California Consumer Privacy Act ballot initiative discussed in this post was withdrawn from the November ballot on June 28, 2018, after the California legislature passed a bill, AB 375, of the same title. Learn more about the bill here. A consumer privacy ballot initiative that would create new rights for consumers and affirmative...

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Content With Subpoena? CA Supreme Court Says Yes

Jun 20, 2018 by Jeff Landis and Lisa Page

The California Supreme Court has answered another long-outstanding Electronic Communications Privacy Act (“ECPA”) question, this time about the contours of the lawful consent exception in 18 U.S.C. § 2702(b)(3). In Facebook, Inc. v. Superior Court, 417 P.3d 725, 744 (Cal. 2018), the court concluded that electronic communication service providers must produce “publicly configured” data in...

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Webinar: When is it Okay to Use Alt Data?

May 18, 2018 by Marc Zwillinger

As the use of alternative data grows in popularity, firms should ensure they are leveraging this information in a way that does not violate insider trading, privacy, or market manipulation regulations. In Cordium’s webinar, When is it Okay to Use Alt Data?, Marc Zwillinger and Alexandra Fulk, Vice President of Cordium’s compliance consulting division, will cover:...

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April showers bring May flowers – and pro-clickwrap case law. Two courts upheld mandatory arbitration provisions to force putative class actions out of court. The Massachusetts Appeals Court affirmed a ruling upholding an arbitration provision presented to users as they registered for an event. In Pazol v. Tough Mudder, Inc., the registration website required users...

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The Supreme Court has opened the door for the expansion of legal sports gambling, striking down the Professional and Amateur Sports Protection Act (“PASPA”), 28 U.S.C. § 3701, et seq., as unconstitutional. Passed in 1992, PASPA had prohibited states from, among other things, authorizing, licensing, or operating sports gambling (with narrow exceptions that grandfathered in states...

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One Month Till GDPR! Seven Insights and Predictions

Apr 25, 2018 by Melissa Maalouf, Mason Weisz, Jon Frankel, Ken Dreifach, Kandi Parsons, Anna Hsia, Alexei Klestoff, Marci Rozen, Allison Bender, Michelle Anderson and Austin Mooney

Like most reading this article, we have been very busy over the last couple of years preparing our clients for the EU General Data Protection Regulation (“GDPR”). In advising companies that range from start-ups to multi-nationals and that cross a wide variety of industries, we have gleaned many insights about the GDPR compliance process. This...

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The New Jersey Supreme Court found that a consumer must suffer actual adverse consequences from an alleged violation of New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”) in order to bring suit under the act — although such adverse consequences don’t have to be monetary. The ruling from New Jersey’s highest court...

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New Law Weakens Section 230 Immunity

Apr 18, 2018 by Jill Guidera Brown

Two events may change the rules for interactive website operators: (1) the FBI seizing Backpage.com and (2) the enactment of SESTA/FOSTA, amending CDA Section 230 immunity. The FBI’s seizure of Backpage.com, an online classifieds site that includes ads for escort services, arose out of an Arizona federal grand jury’s indictment of seven Backpage executives on...

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