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|One Man's Trash Is another Man's Treasure -- The Privacy Implications of R. v. Patrick|
Candice T. Teitlebaum; Aird & Berlis LLP;
July 31, 2009, previously published on July 2009The saying "one man's trash is another man's treasure" has particular resonance given a recent ruling by the Supreme Court of Canada. On April 9, 2009, in a 7-0 decision, the Supreme Court found that an individual who had placed garbage bags for collection at the rear of his property had...
|CFATS Personnel Surety Program - Information Request|
Jeanne M. Grasso, Margaret Anne Hill, Rachel S. Wolfe; Blank Rome LLP;
July 16, 2009, previously published on June 30, 2009On June 10, 2009, the National Protection and Programs Directorate, Office of Infrastructure Protection, Infrastructure Security Compliance Division, within the Department of Homeland Security (DHS) published a Notice in the Federal Register (Vol. 74, No. 110) indicating that a new information...
|Aon's Terrorism Threat Map Identifies a Shift in Terrorism Risk|
Edwards Angell Palmer & Dodge LLP;
July 6, 2009, previously published on June 2009Aon recently released an updated "Terrorism Threat Map" in which it indicates the current threat of terrorist attacks across the world. The Map, shows a trend towards fewer terrorist attacks in the Middle East but increased activity in southeast Asia.
|CFATS Reauthorization Bill Clears House Homeland Security Committee|
Jeanne M. Grasso, Margaret Anne Hill; Blank Rome LLP;
July 6, 2009, previously published on June 2009 On June 23, 2009, the House Homeland Security Committee (HLS Committee) reported H.R. 2868, the Chemical Facility Anti-Terrorism Act of 2009 (CFATS). After considering a number of amendments to the bill in a markup that took place over several days, the Committee voted along party lines to...
|French Senate Issues Report On Right to Privacy in the Digital Age|
Hunton & Williams LLP;
July 1, 2009, previously published on June 2009On June 3, 2009, the French Senate's Commission on Laws issued a report on the right to privacy in the digital age ('La vie privée à l'heure des mémoires numériques') (the "Report").
|Liability for Data Security Auditors|
Hunton & Williams LLP;
July 1, 2009, previously published on June 16, 2009A lawsuit that will soon commence in Arizona has the potential to alter the data breach liability landscape by making data security auditors liable for data breaches experienced by the companies they audit.
|New Jersey - CEPA Claim Allowed Where Employee Objected to Use of Company's Web Portals Due to Lack of Privacy Protection|
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 29, 2009, previously published on June 4, 2009Zungoli v. United Parcel Svc., Inc., 2009 WL 1085440 (D.N.J., April 22, 2009) - In this case, the plaintiff was terminated for poor performance after failing to register on the company's internal websites for employee benefits and performance evaluations.
|Nevada Updates Encryption Law and Mandates PCI DSS Compliance|
Lisa J. Sotto, Elizabeth H. Johnson, Rachel St. John; Hunton & Williams LLP;
June 29, 2009, previously published on June 2009As of January 1, 2010, Nevada law will require businesses to use encryption when data storage devices that contain personal information are moved beyond the physical or logical controls of the business, in addition to continuing to require that personal information be encrypted if it is transferred...
|Plaintiff Survives Summary Judgment Challenge on § 1681e(b) Claim Despite Alleged Lack of Evidence on Elements|
Matthew Kasey Ratliff; Strasburger & Price, LLP;
June 24, 2009, previously published on May 29, 2009Facts: Defendant CARCO Group, Inc. ("CARCO"), a credit reporting agency, prepared a background report on Plaintiff for Prudential Financial Services ("Prudential") related to Plaintiff's offer of employment with Prudential.
|Criminal Defendant Not Entitled to Automatic Reversal of Conviction as Remedy for Trial Court's Erroneous Denial of a Pitchess Motion|
Mona Ebrahimi; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation;
June 24, 2009, previously published on May 29, 2009 In People v. Gaines, (--- Cal.Rptr.3d ---, April 30, 2009), the California Supreme Court considered the issue of whether an outright reversal of a criminal conviction or a remand for a showing of prejudice is the appropriate remedy where a trial court erroneously denies a Pitchess motion to...