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HTMLThe “Right to be Forgotten” Guideline from the Article 29 Working Party
Barry Sookman; McCarthy Tetrault LLP;
Legal Alert/Article
February 12, 2015, previously published on December 2, 2014
In 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...

 

HTMLAlberta PIPA Amendments: Much Ado About Nothing?
Roland Hung; McCarthy Tetrault LLP;
Legal Alert/Article
February 12, 2015, previously published on January 20, 2015
Just 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)...

 

HTMLCybersecurity Continues as a Major Focus of Financial Industry’s Concerns
Michael Dodson; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 13, 2014
With 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...

 

Adobe PDFRecent 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;
Legal Alert/Article
December 12, 2014, previously published on November 2014
With 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...

 

HTMLNew Jersey District Court Rejects Shareholder Derivative Action Based on Cybersecurity Breach
Kyle Evans Gay, Lewis H. Lazarus; Morris James LLP;
Legal Alert/Article
December 8, 2014, previously published on November 18, 2014
In 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...

 

HTMLThis Week in Internet Gaming (Week of Oct. 6-10)
Eric D. Frank; Duane Morris LLP;
Legal Alert/Article
November 18, 2014, previously published on October 10, 2014
The 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.

 

HTMLCybersecurity Assessment Observations
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
November 17, 2014, previously published on November 13, 2014
In 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...

 

HTMLEU’s Ruling Not “To Be Forgotten” Anytime Soon
Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on May 22, 2014
Last 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...

 

HTMLFlorida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on April 15, 2014
While 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...

 

HTMLEnforceability of Electronic Signatures: E-Sign Act and Electronic Signatures
David A. Wolfe; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 5, 2014, previously published on October 30, 2014
In 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).

 


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