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HTMLEU Data Privacy Update: European Council Approves Agreement To Data Privacy Reform
Kenneth R. Florin, Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
July 15, 2015, previously published on July 2015
European regulators took another step forward on the protracted and procedurally involved path to EU-wide data privacy reform earlier this month when the European Council (the organization of the individual member states) agreed upon a "common approach" to data privacy regulation that...


HTMLDigital Privacy Act - New Requirement for Valid Consent to Use Personal Information
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
July 3, 2015, previously published on June 25, 2015
On June 18, 2015, the Canadian government enacted the Digital Privacy Act, which makes a number of important changes to the Personal Information Protection and Electronic Documents Act. One of the most significant changes is a new, additional requirement for “valid consent” to the...


Adobe PDFSocial Engineering and the Modern “Hacker”
Bill Gardner, Evan R. Kime; Bowles Rice LLP;
Legal Alert/Article
July 2, 2015, previously published on Summer 2015
When we speak of hackers, most people see an image of a hoodie-wearing whiz-kid, feverishly banging away at the keyboard, launching a technical onslaught that somehow slips in behind an organization’s firewall. That image is mostly mythology.


HTMLSupreme Court Issues CVSG Order in Oracle v. Google
Staas Halsey LLP;
Legal Alert/Article
June 26, 2015, previously published on June 24, 2015
On January 12, 2015, the Supreme Court of the United States (“Supreme Court”) invited the U.S. Solicitor General to file a brief expressing the United States’ views on the copyright infringement case between Oracle and Google. The invitation means the Supreme Court is progressing...


HTMLFTC Issues New Social Media/Endorsement Guidance
Andrew B. Lustigman; Olshan Frome Wolosky LLP;
Legal Alert/Article
June 25, 2015, previously published on June 2015
The FTC’s Endorsement Guides were revised in 2009 to provide advertisers with guidance on how to apply traditional legal principles regarding testimonials and endorsements to new marketing channels and techniques. More recently, in 2013, the FTC issued its revised .Com Disclosure Guide....


HTMLFCC Approves Proposed Changes to Telephone Solicitation and Text Marketing Rules
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
June 25, 2015, previously published on June 18, 2015
Earlier today, the Federal Communications Commission voted 3-2 along party lines to approve Commissioner Tom Wheeler's proposal to "close loopholes and strengthen consumer protection" relating to telemarketing and text message marketing. The changes are in the form of answers to several...


HTMLAt the Intersection of Technology and Law: Recent High Court Rulings Related to Social Media
Kimberly H. Neal; Pessin Katz Law, P.A.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
Social media “evidence” of crimes or civil actions has been a hot topic of late, forcing new interpretation of existing laws and, often, necessitating the creation new laws. Posts on social networking sites such as Facebook, Twitter, and Instagram are being used to brag about activities...


HTMLConnecticut Enacts Personal Social Media Protection; Oregon Poised to Add Twist to Its Law
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
June 1, 2015, previously published on May 28, 2015
Connecticut has become the 21st state to enact a law limiting an employer’s ability to access the personal social media accounts of job applicants and employees. The new law (Public Act 15-6), signed by Governor Dannel P. Malloy on May 19, 2015, will become effective on October 1, 2015, and...


HTMLU.S. Securities and Exchange Commission Issues Cybersecurity Guidance Update
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
June 1, 2015, previously published on May 20, 2015
In April 2015, the United States Securities and Exchange Commission (“SEC”) issued updated cybersecurity guidance for registered investment companies and registered investment advisers. The guidance emphasizes the importance of cybersecurity risk management, and identifies important...


HTMLFollowing Griffin, Maryland High Court Expands on Techniques to Authenticate Social Media Evidence
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 29, 2015, previously published on May 2015
In a trilogy of cases, Albert Sublet IV v. State, Tavares D. Harris v. State, and Carlos Alberto Monge-Martinez v. State (Maryland Court of Appeals, April 23, 2015), Maryland’s highest court addressed the authentication of social media evidence and confirmed that the current rules of evidence...


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