Litigation

Subscribe to Litigation via RSS

By Kevin Boyle

In a case that is a good reminder of the potential reach of sometimes overlooked state legislation to national practices, the U.S. District Court for the Eastern District of Michigan has sustained the core of several complaints for violation of Michigan’s Video Rental Privacy Act. Among other arguments, defendants in the cases asserted that the plaintiffs’ lacked Article III standing for failure to allege actual injury. 

The cases involve the defendants’ apparently conceded sale of magazine subscription…

Recently Jan Philipp Albrecht, rapporteur for the Civil Liberties, Justice and Home Affairs (LIBE) Committee, the lead committee considering the proposed draft General Data Protection Regulation, published the committee’s suggested amendments to the original draft regulation.  The reports runs to over 200 pages and contains over 350 separate amendments.

Since the original draft regulation was published in January of last year, businesses, industry bodies and regulators have been lobbying the European Commission, Council and Parliament to try and change some…

By Jennifer Archie, Kevin Boyle, and Gail Crawford

What are the data breach risks that are of the most concern to the hospitality industry? What is the US Federal Trade Commission’s jurisdictional authority and what enforcement tools do they have available when it comes to data security? Learn more about these issues and other top data security matters affecting the hospitality industry in Latham & Watkins’ on-demand webcast. The webcast is moderated by Latham & Watkins partner…

By Gail Crawford and Amy Taylor

It seems somewhat fitting to blog about the USA Patriot Act on this Fourth of July. On the second day of the annual Privacy Laws & Business conference in Cambridge, Peter McLaughlin, senior counsel at Foley & Lardner, took to the floor with the aim of “distinguishing fact and fiction about the scope of the law and its impact on companies outside the United States” for a predominantly European audience.

In the last slot of the…

The European Court of Justice (ECJ) is challenging national legislators in the European Union who introduced privacy laws stricter than those provided for by the European Data Protection Directive (95/46/EC). In a decision issued on November 24, 2011, the ECJ declared a provision in the Spanish Organic Law 15/1999 invalid because it imposes additional requirements for data processing not contained in the Directive.

The decision supports the plans of the European Commission to enhance harmonization of privacy laws in…

Many employers have adopted policies establishing guidelines for responsible blogging and use by employees of social networking media sites such as Facebook, MySpace, Twitter and YouTube.  These policies typically require that employees make clear that they are not speaking on behalf of their employer, unless specifically authorized to do so; comply with company policies regarding nondisclosure of confidential business information, discrimination, and harassment; and be respectful in their comments about co-workers and customers.  Companies commonly reserve the right to discipline…