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Second Circuit Rules That the U.S. Government Cannot Use a Search Warrant to Access Overseas Data

USA - July 19 2016 On July 14, 2016, the United States Court of Appeals for the Second Circuit unanimously ruled in In the Matter of a Warrant to Search a Certain Email…

Co-authors: Dani R. James, Alan R. Friedman, Daniel Lennard, Arielle Warshall Katz, Darren LaVerne.


US and EU Approve New Privacy Shield for Transnational Data Transfers

European Union, USA - July 14 2016 Following months of negotiations, the United States and the European Union have formally approved the Privacy Shield, establishing a revised…

Co-authors: Alan R. Friedman, Noëlle Lenoir, Arielle Warshall Katz, Alice Jacquin, Samuel B. Shepson.


En Banc Second Circuit Reinstates Conviction Despite Government Retention of ESI

USA - June 7 2016 On May 27, the United States Court of Appeals for the Second Circuit, sitting en banc, in United States v. Ganias, 2016 WL 3031285, _ F.3d _ (2d Cir…

Co-authors: Dani R. James, Alan R. Friedman, Paul H. Schoeman, Noah Hertz-Bunzl.


SEC, FBI Remind Firms to Ensure They Meet Cybersecurity Obligations

USA - May 17 2016 Two recent events should serve as the latest in a series of reminders that cybersecurity risk management - including breach prevention, monitoring…

Co-authors: Mark F. Parise.


Advertising Litigation Report: Vol. 1 No. 2

USA - May 16 2016 The Lanham Act allows a court to award attorney's fees to a prevailing party “in exceptional cases.” 15 U.S.C. § 1117(a). Until recently, the Fifth…

Co-authors: Benjamin M. Arrow, Boaz I. Cohen, Norman C. Simon, Eileen M. Patt .

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