News

On March 31, 2015, the New York State Court of Appeals concluded that nonresident lawyers in New York must maintain a physical office in the jurisdiction in order to practice. In this case, a New Jersey resident admitted to practice law in New York alleged that Judiciary Law § 470 – which mandates that a nonresident attorney […]

Facebook will require Belgian users to create a Facebook account to be able to view its public content. The company was not able to reach an agreement with the Belgian Data Protection Authority (Commissie voor de bescherming von de persoonlijke levensfeer) and it is expecting to receive an order prohibiting the use of cookies to […]

  As provided for by the USA Freedom Act, in December 2015, the Foreign Intelligence Surveillance Court (FISC) designated five amici curiae who will act as outsider public advocates. The five named attorneys are Jonathan G. Cedarbaum, John D. Cline, Laura Donohue, Amy Jeffress, and Marc Zwillinger. The FISC is considered the most secret court. […]

Digital toymaker VTech Holdings Ltd, based in Hong Kong, revealed [1] on Friday November 27 that hackers had accessed data of nearly 5 million customers, including “related kids profiles.” Days later, the company clarified [2] that data of 6.4 million children was compromised, including name, gender and birthdate.[3] Motherboard reports the stolen information includes children’s […]

  According to these sources (see here in Spanish and here in English), in November 2015, the Agencia Española de Proteccion de Datós (AEPD) sent a notice to all Spanish companies known to transfer data to third countries. The AEDP asked those companies to cease international data transfers after the European Court of Justice held the Safe Harbour […]

  In November 2015, Google published a report accounting for European privacy requests for search removals after the European Court of Justice issued its famous “right-to-be-forgotten” decision in the Costeja case, C-131/12, holding that data subjects have a right to obtain the delisting of links appearing in the search results based on their name. According to the document, Google evaluated the […]

  On November 2015, the German Federal Ministry of Transport and Digital Infrastructure proposed new rules for non-military drones’ flights. According to the press release (in German here), drones are becoming a mass phenomenon but their use is not sufficiently regulated to address public safety. The Minister plans on redefining the use of unmanned aircraft […]

  The amendments to F.R.Civ.P 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84 approved on April 29, 2015 (see here), will take effect on December 1, 2015. The amendments will affect e-discovery issues (as discussed also in our previous article). Specifically, new Rule 37(e) – addressing ESI (Electronically Stored Information) preservation and sanctions – provides greater uniformity […]

Working Group 1 of The Sedona Conference announces “the final release of its new Commentary addressing the evolving responsibilities that lawyers, law firms, and other legal service providers have to provide security for their own, their clients’, and third parties’ private and confidential information”. This final version of The Sedona Conference Commentary on Privacy and Information Security: Principles […]

  On November 16, 2015, EU Commissioner Věra Jourová spoke in Washington about transatlantic data flow. After highlighting the importance of safeguarding, at the same time, the fundamental right to privacy, security, and economic opportunities and business growth, she remembered the latest developments in this area: (a) negotiation on an “umbrella” agreement on privacy and […]