Category

Litigation

03 September 2019

Carpenter and Everything After: The Supreme Court Nudges the Fourth Amendment into the Information Age

*This article was first published by the American Bar Association Infrastructure and Regulated Industries in Summer 2019.

Every year, as the calendar turns to June, the legal community looks to the Supreme Court. Eager to get to the Term’s end, the Justices rush to complete all of the outstanding opinions. … Read More

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27 August 2019

FTC’s Authority to Obtain Monetary Relief is in Doubt

The U.S. Court of Appeals for the Seventh Circuit has struck a major blow to Federal Trade Commission (FTC) enforcement authority, holding that the agency cannot seek its preferred remedy of monetary restitution in federal court.

In recent years, the FTC has used Section 13(b) of the Federal Trade Commission … Read More

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21 August 2019

Navigating the CCPA’s ‘Notice and Cure’ Provision

*This article was first published by Bloomberg Law in August 2019

Companies doing business with California consumers are impacted by the California Consumer Privacy Act (effective Jan. 1, 2020). The CCPA’s private right of action provision gives California residents the right to sue companies when their personal information is subject … Read More

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26 June 2019

Supreme Court Clarifies Broad Interpretation of FOIA Exemption for Confidential Commercial Information

In a very significant FOIA decision for business, Food Mktg. Inst. v. Argus Leader Media, decided on June 24, 2019, the Supreme Court reversed 45 years of understanding that Exemption 4 only protects confidential business information whose disclosure by the government would cause “substantial competitive harm.”

Relying on … Read More

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31 May 2019

GDPR: One Year On

The 25th of May, 2019 marked a year since the EU General Data Protection Regulation (“GDPR”) came into force. For most in privacy, involvement with the GDPR has been ongoing for well over this year, but on the first anniversary of the GDPR we take an opportunity to … Read More

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