On February 26, in the wake of significant and far-reaching cybersecurity breaches (e.g., the Equifax Data Breach), the SEC published interpretive guidance to assist public companies in preparing disclosures about cybersecurity risks and incidents. The SEC recognizes that cybersecurity threats present an “ongoing risk” to…
Three recent cases demonstrate that data privacy enforcement is on the rise in the United Kingdom. These and similar cases signal a new direction in enforcement action suggesting higher penalties, more frequent prosecutions and the casting of a wider net to hold individual and organisations…
Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing racist or derogatory remarks. Often, the employer—or sometimes, the rest of the…
The US Supreme Court has granted certiorari to review a decision by the Second Circuit Court of Appeals, which reversed a District Court’s refusal to quash a warrant issued by the Department of Justice to Microsoft that would have required it to produce information housed…
In a recent case brought in a California court, the professional networking service LinkedIn asserted its right to protect its users’ privacy expectations against a third party interloper that claims the right to collect their “public” data. Commercial interests are mixed in this case together…
A proposal for new e-Privacy legislation by the European Union may have a significant impact on businesses that wish to rely on use-generated data such as meta-data collected from users of mobile devices. Mobile applications and other software often collect users’ meta-data from phones and…
In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’ traffic and location data for 12 months and giving access…
On November 7, 2016, the Standing Committee of China’s National People’s Congress promulgated the Cybersecurity Law of the People’s Republic of China, a law James Zimmerman, chairman of the American Chamber of Commerce in China calls “a step backwards for innovation in China that won’t…
On October 27, 2016, the Federal Communications Commission (“FCC” or “Commission”) adopted sweeping new privacy rules applicable to all telecommunications providers including broadband internet access service (“BIAS”) and interconnected voice-over-internet-protocol (“VoIP”) providers. Protecting the Privacy of Customers of Broadband and Other Telecommunications Services. These rules…
Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In In re Warrant to Search a Certain E-mail Account Controlled & Maintained by Microsoft Corp., known as the Microsoft-Ireland case,…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
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