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HTMLUPDATE: Is Safe Harbor Still Safe? The European Court of Justice Answers with a Resounding “No”
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 5, 2015, previously published on October 27, 2015
On September 28, 2015, we released a client alert noting that European Commission Decision 2000/520, known as the “Safe Harbor” for U.S. companies handling the private data of EU citizens, was under attack in the advisory opinion issued by Advocate General Yves Bot of the European Union...

 

HTMLCalifornia Law Enforcement and Industry Gain Procedural Certainty with Historic Cal-ECPA Bill
Jeremy L. Ross, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 26, 2015, previously published on October 20, 2015
On October 8, 2015, Governor Jerry Brown of California signed into law Senate Bill 178, known as the California Electronic Communications Privacy Act (Cal-ECPA). Cal-ECPA mandates that California law enforcement agencies obtain a search warrant or other lawful order before accessing or compelling...

 

HTMLCalifornia Amends Data Breach Notification Statute by Requiring Specific Notification Content and Expanding the Definition of Personal Information
Gregory K. Lee, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 26, 2015, previously published on October 16, 2015
California’s Data Breach Notification Statute was amended on October 6, 2015, by Governor Jerry Brown. The amendment, which takes effect on January 1, 2016, makes important changes to the existing law, including new requirements for security breach notification through the use of prescribed...

 

HTMLIs Safe Harbor Still Safe? U.S. Companies Face Challenges Ahead on the EU Privacy Horizon
Jeremy L. Ross, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 9, 2015, previously published on September 28, 2015
Pursuant to European Commission Decision 2000/520, United States-based companies may freely process the personal data of European Union citizens, provided that those companies adhere to the principles and frequently asked questions contained in Decision 2000/520, referred to as the “safe...

 

HTMLTwitter Terrorism: Criminals Choose the Hack Attack
Ian A. Stewart, Scott Sweeney; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
In what appears to be yet another brazen demonstration of capability following an earlier hijack of government social media sites, a group calling itself the Syrian Electronic Army (SEA) recently hacked into the U.S. Army’s main news and public information website, positing its own message...

 

HTMLFourth District Reverses Lower Court Ruling in Construction Defect Litigation
John R. Clifford, Edward P. Garson, Gregory D. Hagen, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 18, 2015
On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.

 

HTMLCalifornia Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under California’s Medical Confidentiality Act (the Act) due to the alleged...

 

HTMLCalifornia Supreme Court Holds Design Professionals Owe a Duty of Care to Future Homeowners
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 18, 2014, previously published on July 11, 2014
The California Supreme Court in Beacon Residential Community Association v. Skidmore, Owings and Merrill LLP (July 3, 2014), held - based on common law principles - that an architect owes a “duty of care” to future homeowners in the design of a residential building. (July 3, 2014), held...

 

HTMLCalifornia Protects Minors from the Internet by Imposing Restrictions on Online Marketing or Advertising of Products Minors Cannot Legally Purchase
D. Victoria LaBrie, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 13, 2013, previously published on December 6, 2013
Operators of Internet websites and online services, online applications or mobile applications (online media) will be prohibited from targeting minors with advertisements for goods that a minor cannot legally purchase and services in which a minor cannot legally engage. The new restrictions are set...

 

HTMLCourt Confirms the Limited Duty of an Insurance Broker to Procure Only Coverage Requested by the Insured
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 11, 2013, previously published on November 8, 2013
Recently, in San Diego Assemblers v. Work Comp for Less Insurance Services, Inc. (October 4, 2013, CA Court of Appeal, Fourth Appellate District), the court upheld the granting of summary judgment on behalf of a broker on the grounds that it breached no legal duty to its client. The court rejected...

 


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