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|The “Right to be Forgotten” Guideline from the Article 29 Working Party|
Barry Sookman; McCarthy Tetrault LLP;
February 12, 2015, previously published on December 2, 2014In the landmark ruling in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González (case no. C-131/12, May 13, 2014), the Court of Justice of the European Union (CJEU) recognized that search engines are controllers of the personal information they process. As...
|Alberta PIPA Amendments: Much Ado About Nothing?|
Roland Hung; McCarthy Tetrault LLP;
February 12, 2015, previously published on January 20, 2015Just in time for the new year, the Alberta¿s Personal Information Protection Act (¿PIPA¿) was amended by Bill 3 which came into force on December 17, 2014. These amendments were in response to the Supreme Court of Canada decision to struck down PIPA in Alberta (Information and Privacy Commissioner)...
|Cybersecurity Continues as a Major Focus of Financial Industry’s Concerns|
Michael Dodson; Burr & Forman LLP;
January 10, 2015, previously published on December 13, 2014With only three official days left of the current Congress, conversations Wednesday turned towards cybersecurity in the financial sector. The Commodity Futures Trading Commission, Office of the Comptroller of the Currency, and the Securities Exchange Commission all discussed planned or ongoing...
|Recent Dismissal Of Derivative Suit Demonstrates That Directors Must Focus Their Attention On CyberSecurity|
Travis P. Brennan, Marc J. Schneider; Stradling Yocca Carlson & Rauth A Professional Corporation;
December 12, 2014, previously published on November 2014With the increasing sophistication and variety of cyber-attacks, directors of companies holding sensitive customer information or trade secrets cannot be complacent about cyber security risk management and compliance. A recent decision in U.S. District Court dismissing a shareholder derivative suit...
|New Jersey District Court Rejects Shareholder Derivative Action Based on Cybersecurity Breach|
Kyle Evans Gay, Lewis H. Lazarus; Morris James LLP;
December 8, 2014, previously published on November 18, 2014In Palkon v. Holmes, C.A. No. 2:14-CV-01234 (SRC) (October 20, 2014), the United States District Court for the District of New Jersey dismissed with prejudice a shareholder derivative action arising from three distinct breaches of Wyndham Worldwide Corporation (“Wyndham”). The Court...
|This Week in Internet Gaming (Week of Oct. 6-10)|
Eric D. Frank; Duane Morris LLP;
November 18, 2014, previously published on October 10, 2014The Gibraltar Betting and Gaming Association lost its court battle fighting the United Kingdom’s Gambling (Licensing & Advertising) Act, specifically the point of consumption tax required to be paid on all online gaming activities taking place in the UK.
|Cybersecurity Assessment Observations|
Craig N. Landrum; Jones Walker LLP;
November 17, 2014, previously published on November 13, 2014In June 2014, the Federal Financial Institutions Examination Council ("FFIEC") launched a pilot cybersecurity testing program utilizing upcoming state and federal regulatory examinations at more than 500 community financial institutions. The purpose of the effort was to assess how these...
|EU’s Ruling Not “To Be Forgotten” Anytime Soon|
Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 10, 2014, previously published on May 22, 2014Last week, the Court of Justice of the European Union ruled that individuals have the “right to be forgotten.” In other words, individuals have the right to control their data and can ask search engines to remove links to results containing certain information. This ruling has...
|Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”|
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 8, 2014, previously published on April 15, 2014While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenets of discovery that apply to the standard document requests, also apply to this new technological source of information. The question of whether a demand for any and all...
|Enforceability of Electronic Signatures: E-Sign Act and Electronic Signatures|
David A. Wolfe; Weltman, Weinberg & Reis Co., L.P.A.;
November 5, 2014, previously published on October 30, 2014In 2000, in order to address concern whether electronic contracts can be enforceable and to provide procedures for keeping and retaining electronic records, disclosures and signatures, Congress enacted the Federal Electronic Signature in Global and National Commerce Act (E-Sign).