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HTMLE-Discovery and Litigation Holds: The Ever Increasing Duties Imposed on Litigants
Grahmn N. Morgan; Dinsmore & Shohl LLP;
Legal Alert/Article
July 23, 2010, previously published on July 9, 2010
Advances in technology over the last decade have changed the way that companies communicate with customers, with clients and with each other. Rather than making phone calls or sending letters, employees today, armed with lap tops and the latest hand held devices, zip off unprecedented numbers of...


HTMLCorporation Counsel Privilege Blown By Attorney's Inactive Status
Michael P. Coakley; Miller, Canfield, Paddock and Stone, P.L.C.;
Legal Alert/Article
July 22, 2010, previously published on July 8, 2010
In what will be a cold shower for many businesses and their in-house counsel, a New York federal court has held that a General Counsel's taking inactive status in his state bar association exposed all his client communications to discovery by the opposing side in pending litigation (Gucci America...


HTMLCovering a Natural Disaster
Charles L. Babcock; Jackson Walker L.L.P.;
Legal Alert/Article
July 21, 2010, previously published on June 30, 2010
The ongoing oil spill in the Gulf of Mexico will continue to be covered by the media, but reporters will surely face obstacles to their coverage. Journalists in the Gulf Coast region have experience combating impediments erected by the government and interested parties to accurate, timely coverage...


HTMLDistrict Court Dismisses Employer's Claims for Contribution and Indemnification against CRA Because No Such Rights Exist under the FCRA
Martin Thornthwaite; Strasburger & Price, LLP;
Legal Alert/Article
July 20, 2010, previously published on July 6, 2010
Facts: Plaintiff’s job offer with Defendant Bowen Property Management (“Bowen”) was rescinded after Bowen received an investigatory consumer report that allegedly contained inaccurate information provided by Defendant ChoicePoint Workplace Solutions, Inc., a LexisNexis company...


Adobe PDFNew Encryption Rule Seeks to Streamline Export Process
Joan Koenig; Drinker Biddle & Reath LLP;
Legal Alert/Article
July 6, 2010, previously published on June 2010
A new interim final rule published by the Department of Commerce, Bureau of Industry and Security (BIS) will result in significant changes for most companies that export commercial encryption items -- articles, technical data or software -- from the United States. The goal of the new rule,...


HTMLIsrael's Privacy Regulator Imposes a $70,000 Fine for Illegal Trading of Personal Data
Hunton Williams LLP;
Legal Alert/Article
July 1, 2010, previously published on June 21, 2010
The Israeli Law, Information and Technology Authority (“ILITA”), Israel’s privacy regulator, continues to up the ante for data controllers in Israel. This week ILITA imposed a $70,000 (NIS 258,000) fine against a company illicitly trading personal data.


HTMLGerman DPA Issues Legal Opinion on Cloud Computing
Hunton Williams LLP;
Legal Alert/Article
July 1, 2010, previously published on June 23, 2010
On June 18, 2010, the data protection authority of the German federal state of Schleswig-Holstein published a press release and a comprehensive legal opinion on cloud computing. The opinion provides an overview of cloud computing and discusses various practical and legal matters, including:


HTMLDefendants' Motion to Dismiss Found Premature as Plaintiff, Through Discovery, May be Able to Establish an FCRA Violation
Marc Kirkland; Strasburger & Price, LLP;
Legal Alert/Article
June 30, 2010, previously published on June 09, 2010
Plaintiff claimed that Defendants LexisNexis (“Lexis”) and Seisint, Inc., violated the FCRA when they sold “Accurint” reports containing allegedly inaccurate information to debt collectors, credit insurers and other entities involved in debt collection. Plaintiff...


Adobe PDFCleveland Clinic Sued for Privacy Invasion for Complying with Grand Jury Subpoena
Michael P. Gennett, Stephen G. Prom; Akerman Senterfitt;
Legal Alert/Article
June 28, 2010, previously published on June 9, 2010
In a “classic” case of state versus federal law preemption, the Cleveland Clinic of Ohio recently learned a tough lesson. The Clinic turned over a patient’s records in response to a criminal grand jury subpoena seeking, among other things, information about treatment for drug and...


Adobe PDFPrivacy / Data Protection Law - New European Standard Controller to Processor Model Terms
Mark A. Prinsley, Oliver Yaros; Mayer Brown International LLP;
Legal Alert/Article
June 25, 2010, previously published on June 2010
On 5 February 2010, the EU Commission decided to update the standard contractual clauses for the transfer of personal data from data controllers to data processors located in non-EU countries that are not recognised as offering an adequate level of data protection.


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