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|Privacy and Cyber Security: Summary of the Report from the Privacy Commissioner of Canada|
Roland Hung, Kevin Stenner; McCarthy Tétrault LLP;
March 26, 2015, previously published on March 4, 2015In December 2014, the Office of the Privacy Commissioner of Canada (the “Commissioner”) released a report entitled Privacy and Cyber Security: Emphasizing privacy protection in cyber security activities (the “Report”), examining the common interests and tensions between...
|Protect Your Business from Competitive Intelligence|
Zachary W. Behler, Samuel J. Frederick, Mindi M. Johnson, Iris K. Linder, John W. Mashni; Foster, Swift, Collins & Smith, P.C.;
March 25, 2015, previously published on January 7, 2015The term "competitive intelligence" is the process of legally gathering information about one's competitors to gain a strategic advantage in the marketplace. Large corporations will have strategic intelligence experts as a part of their marketing department. These experts specialize in...
|Consumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations|
Undine von Diemar; Jones Day;
February 26, 2015, previously published on February 2015The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...
|Risky Business: BLG Sees Cyber Risks Underlining Challenges to Canadian Businesses|
Eusis Dougan-McKenzie; Borden Ladner Gervais LLP;
January 16, 2015, previously published on December 16, 2014Toronto (December 16, 2014) — Cyber risks will be a dominant issue for Canadian businesses in 2015, according to Borden Ladner Gervais LLP (BLG) in its 2015 Top 10 Business Risks report. Following a Statistics Canada report that 14 per cent of large enterprises experienced an Internet...
|EU Council of Ministers Makes Progress on the Processing of Data in the Public Sector and the Creation of a “One-Stop-Shop” Mechanism for Resolving Cross-Border Data Protection Complaints|
Sarah Pearce; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 10, 2014The EU Council of Ministers made progress on 4 December 2014 on the draft Data Protection Regulation (the “Regulation”), agreeing a partial general approach on data processing in the public sector. This would allow for some flexibility in the application of the Regulation by each Member...
|EU: Article 29 Working Party Publishes Guidance Stating that the ‘Right to Be Forgotten’ Applies to .Com Domains|
Annie Clarke, Sarah Pearce; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 8, 2014We commented on the ‘right to be forgotten’ judgment in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos in May earlier this year. The ruling granted data subjects the right to request search engines to remove links appearing in search results based...
|Not Your Everyday Grind: Seventh Circuit Panel Reverses Class Certification Denial in Keurig Competitor Case|
Loeb Loeb LLP;
December 23, 2014, previously published on October 30, 2014In a decision reflecting what could be interpreted as receptivity to consumer class actions - or at least a favorable disposition toward class certification requests - the Seventh Circuit recently issued a decision reversing both the lower court's denial of class certification and its issuance of...
|Will Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?|
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
December 10, 2014, previously published on November 2014The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...
|Class Action Defense Counsel adding ‘The Pick Off’ to Their Playbooks|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 5, 2014, previously published on November 21, 2014In recent years, we’ve noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off. This is how the play is run: Offer the named plaintiff(s) full relief through a Rule 68 offer of judgment and, even if the plaintiff(s) reject the offer,...
|Has America Woken Up To the Rural Hospital Crisis?|
Shawn M. Riley; McDonald Hopkins LLC;
November 28, 2014, previously published on November 17, 2014A recent article in USA Today summarized many of the struggles that rural hospitals are experiencing, focusing on several hospitals in the South. The article offers no new insights, but its appearance indicates that the problems confronting rural hospitals have now entered the mainstream...