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Court's ruling holds one shiny gift and one lump of coal for employers

Steptoe & Johnson LLP
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USA
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December 26 2009

A federal district court in Idaho has ruled in Alamar Ranch, LLC, v. County of Boise that an employee waived the attorney-client privilege by communicating with her lawyer over her employer's email system, where the employer had a clear policy of monitoring employee communications

Even extortion of breached company doesn't help plaintiff show concrete injury, court finds

Steptoe & Johnson LLP
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USA
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December 26 2009

A federal court in Missouri has ruled in Amburgy v. Express Scripts, Inc., that a mere fear of identity theft following a data breach, even after the breached company received an extortion letter threatening public release of the confidential information, is insufficient to establish Article III standing and to state a negligence claim

ECPA does not apply to interceptions or disclosures outside US, court holds

Steptoe & Johnson LLP
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USA
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December 26 2009

A district court in California has ruled in Zheng v. Yahoo! Inc. that the Electronic Communications Privacy Act does not extend to the interception, acquisition, or disclosure of electronic communications outside of the United States

Ohio court gives criminals another reason to love their smart (and not-so-smart) phones

Steptoe & Johnson LLP
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USA
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January 2 2010

The Supreme Court of Ohio ruled last month in State v. Smith that the warrantless search of a cell phone seized incident to a lawful arrest is prohibited by the Fourth Amendment

Google challenges NSL

Steptoe & Johnson LLP
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USA
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April 6 2013

On the heels of the district court's decision, Google reportedly filed suit in the same court (pursuant to 18 USC 3511) to set aside or modify

When is football the solution to a marital dispute?

Steptoe & Johnson LLP
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USA
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January 2 2010

When the dispute concerns the meaning of the Electronic Communications Privacy Act (ECPA

United States urges Ninth Circuit to ditch new rules on computer searches

Steptoe & Johnson LLP
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USA
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December 5 2009

As we previously reported, the Ninth Circuit, sitting in an en banc panel of 11 judges, issued sweeping new rules in August that greatly constrain the government’s execution of search warrants in cases involving electronic evidence

Court explains why it blocked application of red flags rule to attorneys

Steptoe & Johnson LLP
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USA
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December 12 2009

A federal court in the District of Columbia published its opinion explaining why it blocked the Federal Trade Commission from forcing practicing attorneys to comply with its final rule concerning identity theft "red flags."

Courts at a "loss" as to how to interpret the CFAA

Steptoe & Johnson LLP
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USA
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October 24 2009

A federal court in Kansas ruled in The Paradigm Alliance, Inc., v. Celeritas Technololgies, LLC, that fees paid to investigate alleged unauthorized computer access constitute "loss" within the meaning of the Computer Fraud and Abuse Act (CFAA) and that a claim based on such loss can therefore survive a motion for summary judgment, even without evidence of damage to a computer

Gee, boss, I didn't know you would actually read my emails

Steptoe & Johnson LLP
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USA
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January 9 2010

A federal court in Washington, D.C., has ruled in Convertino v. U.S. Department of Justice that an employee may reasonably expect privacy in personal emails sent over a work computer, despite a very specific policy stating that emails are not private and are subject to monitoring