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|“May I have your ZIP Code?” Retailers May Want to Read This....|
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 18, 2014There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...
|Microsoft and Other Major Technology Companies Push Back Against Warrant to Access Data Held on Foreign Servers|
Lawrence R. Freedman, Ari Z. Moskowitz, Mark E. Schreiber; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 26, 2014A dispute between Microsoft and the U.S. government over a search warrant could have major repercussions for cloud service providers. Historically, European data privacy and protection standards have been stricter generally speaking than those in the U.S. The "Safe Harbor" arrangement...
|Major Amendments to Florida Breach Notification Statute: Unique Requirements and Short Deadlines Take Effect July 1|
Theodore P. Augustinos, Karen L. Booth, Mark E. Schreiber, Thomas J. Smedinghoff; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 2014Florida Governor Rick Scott recently signed the Florida Information Protection Act of 2014 (SB 1524, the “Act”) into law, amending Florida’s breach notification statute effective July 1, 2014. The amendments are significant, including the first statutory requirement to provide...
|U.S. Supreme Court Reverses Second Circuit; Finds Aereo is Engaging in Unlicensed Public Performances of Broadcast Programs|
Seth A. Davidson, Arthur H. Harding, Ari Z. Moskowitz; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 25, 2014In a much-anticipated ruling, on Wednesday, June 25, 2014, the United States Supreme Court, by a 6-3 margin, overturned the decision of the Second Circuit in ABC et. al v. Aereo. The majority opinion, written by Justice Breyer, held that the transmissions of broadcast programming made to...
|Employer’s Potential Liability in Class Action for Employee’s Breach of Privacy A Good Reminder For All|
Ryley Mennie; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 25, 2014A recent decision of the Ontario Superior Court of Justice highlights the increasing focus on (and potential liability arising from) customers’ and clients’ privacy rights and the importance for employers to properly monitor the activities of their employees. Additionally, while the...
|Supreme Court Rules Aereo’s Streaming Service Violates Copyright Law|
John M. Beahn, Anthony J. Dreyer, David W. Hansen, Paul M. Kerlin, Stuart D. Levi; Skadden, Arps, Slate, Meagher & Flom LLP;
June 27, 2014, previously published on June 25, 2014In a case closely watched by the television, cable and online content industries, the Supreme Court ruled today that online start-up Aereo Inc. violates copyright law by redistributing over-the-air broadcast content without paying licensing fees to broadcasters. The decision is a significant...
|You Can Stay Anonymous: SCC Recognizes a Privacy Interest in Protecting Anonymity on the Internet|
Roland Hung, Charles S. Morgan; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 22, 2014On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity...
|Florida Raises the Bar on Data Privacy, Security and Breach Notification with Passage of New Law|
McDonald Hopkins LLC;
June 26, 2014, previously published on June 23, 2014On June 20, 2014, the “Florida Information Protection Act of 2014” (FIPA) was signed into law by Florida Governor Rick Scott, after it received unanimous support by the legislature. FIPA will take effect on July 1, 2014 and will replace Florida’s existing data breach notification...
|Countdown to Canada’s New Anti-Spam Law: Issues You Need to Know and Act On Now - Issue #2|
Samantha C. Kernahan; McLennan Ross LLP;
June 24, 2014, previously published on May 27, 2014Canada’s new Anti-Spam law and regulations (“CASL”) come into effect on July 1, 2014. The purpose of CASL is to the limit the sending of commercial electronic messages (“CEMs”) without the consent of a recipient. In this second “CASL Countdown Alert”, I...
|Countdown to Canada’s New Anti-Spam Law: Issues You Need to Know and Act On Now - Issue #3|
Samantha C. Kernahan; McLennan Ross LLP;
June 24, 2014, previously published on June 11, 2014Canada’s new Anti-Spam law and regulations (“CASL”) come into effect on July 1, 2014. The purpose of CASL is to the limit the sending of commercial electronic messages (“CEMs”) without the consent of a recipient. However, CASL also imposes content requirements for all...