Case Summary: Jackson v. Deen March 31st, 2014Data Security-Privacy In this series, MMM attorney Shannon McNulty presents key information on noteworthy cases that have made, or could potentially make, a large impact on the current legal landscape. Jackson v. Deen, No. CV412-139, 2013 WL 1911445, at *1-17 (S.D. Ga. May 8, 2013) The court found, among other things, that the attorney-client privilege had been waived regarding certain communications between defendants’ in-house counsel at the time and certain employees of defendants because these communications were made in the presence of individuals other than the client. Because the court found that the privilege had been waived, defendants were ordered to Read More
Case Summary: JBCHoldings NY v. Pakter March 17th, 2014Data Security-Privacy In this series, MMM attorney Shannon McNulty presents key information on noteworthy cases that have made, or could potentially make, a large impact on the current legal landscape. JBCHoldings NY, LLC v. Pakter, 931 F. Supp. 2d 514 (S.D.N.Y. 2013) The court, following a narrower interpretation of the Computer Fraud and Abuse Act (CFAA), stated that an employer did not have a claim against an employee under the CFAA when the employee misused access to the employer’s computer that he had been granted because the employee Read More
California Significantly Expands Privacy Breach Notification Law September 22nd, 2011Data Security-Privacy Privacy/Security California Significantly Expands Privacy Breach Notification Law Alexander P. Woollcott California Governor Jerry Brown recently signed into law an amendment to California’s landmark data security breach notification law (Senate Bill No. 1386), first enacted in 2003. The original law, S.B. 1386, requires companies doing business with California residents to provide notice to the residents of any actual or suspected security breach involving unencrypted personal information or data of the residents that had been collected and maintained by the company. The amendment to S.B. 1386 (Senate Bill No. 24) significantly broadens the protection given to California residents by imposing additional obligations on companies that Read More
Supreme Court: Vermont’s Data Mining Law Unconstitutional July 5th, 2011Data Security-Privacy The U.S. Supreme Court recently found Vermont’s data privacy law restricting data mining to be unconstitutional, a win for data mining and pharmaceutical companies. Finding that “speech in the aid of pharmaceutical marketing” is a form of expression protected by the Free Speech Clause of the First Amendment, the Supreme Court struck the state law which prohibited pharmacies from selling or disclosing prescriber-identifying information gleaned from prescription records. This ruling has important implications for other state laws restricting prescription data mining, including for instance, Maine’s data mining law. For more information, click here. by Nicole Ibboston Read More
New Crime: E-Personation May 2nd, 2011Data Security-Privacy by Paul Arne Impersonating another person is not always the best idea, and there are number of existing laws that “discourage” people from impersonating another to the detriment of the person being impersonated or the person being fooled. On the Internet, pretending you are someone you aren’t is fairly easy to do; therefore, impersonating another in cyberspace is certainly not an unusual activity. Arguably the most famous comic about the Internet is about “e-personation.” California has recently seen fit to create a new law to criminalize impersonating another person on the Internet. It came into effect on April 1. “[A]ny Read More