Category

Litigation

25 October 2015

Safeguards and Oversight of U.S. Surveillance Under Section 702

In Schrems v. Data Protection Commissioner, the Court of Justice of the European Union invalidated the US-EU Safe Harbor agreement on the basis that the European Commission had failed to sufficiently assess the protection of personal data of Europeans under the U.S. data protection regime. The Court alluded to … Read More

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23 October 2015

Safe Harbor Data Privacy Briefing: Your Questions Answered by Giovanni Buttarelli

Everyone is talking about the European Court of Justice’s landmark judgment that declared the EU-U.S. Safe Harbor invalid.

As a follow-up to our webinar on October 8, “What Safe Harbor’s Invalidation Means for Your Business” took place on October 20, 2015 through a partnership with Sidley Austin LLP and … Read More

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08 October 2015

The U.S. Government Largely Has Itself to Blame for the EU Court’s Safe Harbor Decision

Originally posted by the Council on Foreign Relations Net Politics Blog on October 8, 2015.

In a decision Tuesday that was as shocking as it was predictable, the Court of Justice of the European Union (CJEU) invalidated the U.S.-EU Safe Harbor for westward bound international transfers of personal data. The … Read More

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06 October 2015

Safe Harbor Declared Invalid by European Court of Justice

Today the European Court of Justice (“ECJ”) issued its judgment in the Max Schrems case in which it declared the European Commission’s decision on Safe Harbor as invalid. The Commission’s decision in 2000 found that companies participating in the US Department of Commerce Safe Harbor framework were operating under an … Read More

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24 September 2015

Opinion by ECJ Advocate General Finds Safe Harbor Invalid

In a seismic recommendation, Advocate General Yves Bot at the European Court of Justice (ECJ) issued his opinion in the closely watched Max Schrems case challenging the U.S.-EU Safe Harbor Agreement and has found Safe Harbor to be invalid. The opinion is not legally binding on the ECJ, although the … Read More

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26 August 2015

Third Circuit Affirms FTC Authority to Regulate Cybersecurity

On Monday, the U.S. Court of Appeals for the Third Circuit issued its much-anticipated decision in Federal Trade Commission v. Wyndham Worldwide Corp., No. 14-3514 (3d Cir. Aug. 24, 2015), holding that the Federal Trade Commission has the authority to bring an action under Section 5 of the FTC … Read More

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24 July 2015

FCC Issues Far-Reaching TCPA Declaratory Ruling

An already active TCPA class action bar is sure to become even more active after a significant Declaratory Ruling and Order from the FCC that, among other points, broadened what technologies may be considered autodialers, gave further strength to class actions based on reassigned cell numbers, and muddied the waters … Read More

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06 July 2015

Plaintiffs and Privacy in Yahoo Data Privacy Case: Judge Koh Grants Class Certification in California

On May 26, 2015, Judge Lucy Koh in the Northern District of California granted class certification to plaintiffs in In re Yahoo Mail Litigation, Case No. 13-CV-04980-LHK (N.D. Cal. May 26, 2015) (“Yahoo”). This ruling will likely have an effect on how class action claims are alleged and could … Read More

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