On July 31, 2014, Chief U.S. District Judge Loretta A. Preska of the Southern District of New York ruled that the government can use a search warrant issued under the Stored Communications Act ("SCA") to gain access to digital information within the control of a U.S.-based internet service provider but stored on a foreign server. Under Judge Preska's ruling, service providers must comply with SCA warrants regardless of where the information is actually stored. Specifically, Chief Judge Preska's ruling adopts the findings of Magistrate Judge James C.
Client Alert | August 4, 2014
Orange County partner Gareth Evans and New York partner Jennifer Rearden are the authors of “2014 Mid-Year eDiscovery Update: Is This the ‘Year of Technology’ in eDiscovery?” [PDF] published in the July 31, 2014 issue of Bloomberg BNA’s Digital Discovery & e-Evidence.Reproduced with permission from Digital Discovery & e-Evidence, 14 DDEE 372, 7/31/14.
Client Alert | July 31, 2014
While the first year of President Hollande's mandate has been focused on societal reforms (same-sex marriage, immigration, justice, reform of school timetables), his New Year's Address confirmed that the Government's efforts should concentrate on employment and growth for 2014. Pledges to cut public spending, reduce labor costs for businesses and lower taxes have been made.The current Administration is trying to place greater emphasis on social negotiation, which has been the case notably with the "responsibility pact" for business, entered into with French employers' associations. At the same time, faced with the duty to deal with certain controversial public debates, the French Administration has been pressed, in certain circumstances, to take urgent legislation (as
Client Alert | July 22, 2014
On June 25, 2014, the U.S. Supreme Court unanimously held in Riley v. California, 13–132, that the Fourth Amendment generally requires law enforcement to obtain a warrant prior to reviewing digital information that is stored on a cellphone seized incident to arrest. Riley represents the first time that the Supreme Court has examined Fourth Amendment protections in the context of "digital" searches.The Two Cases BelowIn the first of the two cases below, defendant/petitioner David Leon Riley was pulled over by California police for driving with expired registration tags.
Client Alert | July 3, 2014
Denver Of Counsel Ryan Bergsieker is the author of "Implications of the SEC's Increased Focus on Cybersecurity" [PDF] published in the May 2014, Volume 18, Issue 5 of the Wall Street Lawyer.
Client Alert | May 1, 2014
The Securities and Exchange Commission ("SEC") plans to review the cybersecurity defenses of registered broker-dealers and investment advisers, according to a Risk Alert issued by the SEC's Office of Compliance Inspections and Examinations ("OCIE") on April 15, 2014. The announcement of this effort comes shortly after the SEC hosted a Cybersecurity Roundtable (the "Roundtable") on March 26, 2014, during which the SEC emphasized the importance of gathering information and determining what additional steps should be taken to address threats posed by cybersecurity. What Is the Focus of the OCIE Cybersecurity Initiative?The OCIE will conduct examinations of more than 50 registered broker-dealers and registered investment adv
Client Alert | April 23, 2014
New York partner Lee Dunst and associate Rachel Brook are the authors of “Border Insecurity: Searches and Seizures of Electronic Devices Entering the U.S.” published on March 26, 2014 in the Bloomberg BNA Criminal Law Reporter.Reproduced with permission from The Criminal Law Reporter, 94 CrL 776, 03/26/2014.
Client Alert | March 26, 2014
On March 14, 2014, the United States Department of Commerce announced that it is asking the Internet Corporation for Assigned Names and Numbers ("ICANN") to begin discussions on a transition proposal for replacing the Department with a non-governmental entity to serve as steward of the Internet's Domain Name System ("DNS").
Client Alert | March 18, 2014
Orange County partner Joshua Jessen and Los Angeles associate Nathaniel Bach are the authors of "There's No Harm In Asking For Harm Post-Spokeo" [PDF] published by Law360 on February 27, 2014 at www.law360.com.
Client Alert | February 27, 2014
New York partner Alexander Southwell and associate Stephenie Handler are the authors of "NIST Debuts Cybersecurity Framework" [PDF] published in the February 20, 2014 issue of ALM's Law Technology News.
Client Alert | February 20, 2014
Brussels partner Andres Font Galarza and associates Eryk Dziadykiewicz and Alejandro Guerrero Perez are the authors of "Selective Distribution and e-Commerce: Recent developments in EU and national case law" [PDF] published in the February 2014 issue of the National Competitions Law Bulletin.
Client Alert | February 3, 2014
Over the past year, there have been several significant developments in trade secrets law, amidst growing concern about the devastating effect of trade secret theft on U.S.
Client Alert | January 31, 2014
Gibson Dunn lawyers provide a comprehensive review of German business law during 2013, in areas including corporate, M&A, antitrust, tax, labor and employment, real estate, IP and data protection.
Client Alert | January 15, 2014
Orange County partner Gareth Evans and associate Danielle Serbin are the authors of "Technology: To image or not to image, that is the question" [PDF] published in the January 10, 2014 issue of Inside Counsel.
Client Alert | January 10, 2014
Orange County partner Gareth Evans is the author of "Technology: Self-collection is not always the fox guarding the henhouse" [PDF] published in the December 27, 2013 issue of Inside Counsel.
Client Alert | December 27, 2013
Orange County partner Gareth Evans is the author of "Perils of E-Discovery Reflected in Sanctions Opinion" [PDF] published in the December 20, 2013 edition of ALM's Law Technology News.
Client Alert | December 20, 2013
Orange County partner Gareth Evans and Los Angeles associate Lauren Eber are the authors of "Technology: Auto-delete and the not-so-safe harbor" [PDF] published in the December 13, 2013 edition of Inside Counsel.
Client Alert | December 13, 2013
New York partner Alexander Southwell, Denver of counsel Ryan Bergsieker and New York associate Stephenie Handler are the authors of "The Cybersecurity Framework: Risk management process ...
Client Alert | December 12, 2013
Orange County partner Gareth Evans is the author of “Technology: Your company’s legal hold obligations may not be a Dr. Seuss story” [PDF], published in the December 6, 2013 edition of Inside Counsel.
Client Alert | December 6, 2013
Orange County partner Gareth Evans is the author of “Chancery Provides Framework for ESI Discovery, Preservation” [PDF] published in the November 20, 2013 issue of Delaware Business Court Insider.
Client Alert | November 20, 2013
New York partner Alexander Southwell and California-based associates Joshua Jessen, Vivek Narayanadas and Danielle Serbin are the authors of "California’s New ‘Digital Eraser’ Evaporates Embarrassment, Part 2 of 2: New California privacy laws will make it easier for kids to remove inappropriate posts from websites." [PDF] published in the November 19, 2013 issue of ALM's Law Technology News. "California Tightens Privacy Protection, Part 1 of 2: New California data privacy laws impose restrictions on third-party tracking and data breach notification" [PDF] was published November 18, 2013.
Client Alert | November 19, 2013
New York partner Alexander Southwell and California-based associates Joshua Jessen, Vivek Narayanadas and Danielle Serbin are the authors of "California Tightens Privacy Protection, Part 1 of 2: New California data privacy laws impose restrictions on third-party tracking and data breach notification" [PDF] published in the November 18, 2013 issue of ALM's Law Technology News."California’s New ‘Digital Eraser’ Evaporates Embarrassment, Part 2 of 2: New California privacy laws will make it easier for kids to remove inappropriate posts from websites" [PDF] was published November 19, 2013.
Client Alert | November 18, 2013
Orange county partner Gareth Evans is the author of "Technology: Embracing the use of mobile devices in e-discovery" [PDF], published in the November 15, 2013 issue of Inside Counsel.
Article | November 15, 2013
Orange County partner Gareth Evans and Los Angeles associate Lauren Eber are the authors of “Technology: Is Instant Messaging the Next Email?” [PDF] published in the November issue of Inside Counsel.
Client Alert | November 1, 2013
Washington, D.C. partners Joseph Warin and Michael Diamant, and associate Oleh Vretsona are the authors of “How to use company data efficiently to detect fraud and corruption” [PDF] published in the August 2013 issue of Financier Worldwide.
Client Alert | August 1, 2013
Brussels partner Peter Alexiadis and associate Alejandro Guerrero Pérez are the authors of "European Commission Proposes Stricter EU Antitrust Rules on Technology Transfer" [PDF] published in the June 2013 issue of the European Intellectual Property Review.
Client Alert | June 3, 2013
As we have seen in 2012 and now in 2013, the attention paid to cyber-security has reached new heights--hacking, data privacy, and cyber-espionage have continued their prominence in daily headlines, but cyber-security took on unprecedented importance when President Obama focused on it in his State of the Union address. Announcing a new executive order to increase sharing of critical cyber information and calling for legislative action to protect our networks and data, President Obama explained:America must also face the rapidly growing threat from cyber-attacks.
Client Alert | April 16, 2013
On April 2, 2013, the Securities and Exchange Commission (the "SEC") issued a report of investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934 providing guidance to public companies on the application of Regulation FD to corporate disclosures made through social media (the "Report").
Client Alert | April 15, 2013
On March 12, 2013, the Federal Trade Commission ("FTC") updated its advertising disclosure guidelines for mobile and other online advertisers. The new guidance, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, explains how advertisers can make disclosures "clear and conspicuous" to avoid deceiving consumers.
Client Alert | March 14, 2013
Denver partner Robert Blume and associates John Partridge and Tafari Nia Lumumba are the authors of “In-House Search Warrant Checklist” [PDF] published in the March 4, 2013 issue of Law Week Colorado.
Client Alert | March 4, 2013
The past year saw continued expansion of trade secret law into the realm of cyberspace, with two federal courts of appeal tackling the scope of the federal Computer Fraud and Abuse Act of 1986, 18 U.S.C.
Client Alert | January 18, 2013
New York partner Jennifer Rearden and associate Sharon Grysman are the authors of “Chancery Court in Brookstone Underscores Primacy of Comity and Efficiency” [PDF] published in the December 27, 2012 issue of the Delaware Business Court Insider.
Client Alert | December 27, 2012
New York partner Jennifer Rearden and associate Darcy Harris are the authors of “Growing Trend Favors Disclosure of Witnesses' Identities” [PDF] published in the Fall 2012 issue of the ABA's Section of Litigation - Securities Litigation.
Client Alert | December 6, 2012
U.S.
Client Alert | September 19, 2012
Companies with customers in California are facing an increasing number of class action suits seeking significant sums in statutory damages, attorney's fees and costs under California's "Shine the Light" law, a part of California's Consumer Records Act.
Client Alert | September 5, 2012
Brussels partner Andres Font Galarza is the author of "Transparencia en Internet" [PDF] published in Diario Perfil on August 11, 2012.
Client Alert | August 11, 2012
Dallas partner Karl Nelson and associate Michael Sukenik are the authors of "Law Firms and Cyber Security: A Titanic Risk" [PDF] published in the August 2012 issue of the Internet Law & Strategy Newsletter.
Client Alert | August 1, 2012
London associate Kristy Grant is the author of “Protect or participate?” [PDF] published in Legal Week on May 11, 2012.
Article | May 11, 2012
While recent discussions on copyright protections and anti-piracy crackdowns have focused on the Stop Online Piracy Act and the Protect Intellectual Property Act now pending in Congress, states have also entered the fray, particularly in the area of stolen or misappropriated information technology harming competition. At least thirty-nine states have called on the Federal Trade Commission ("FTC") to define theft or misappropriation of information technology ("IT") as unfair competition under Section 5 of the FTC Act, while other states have enacted new statutes or amended their consumer protection laws to explicitly define piracy as unfair competition. For example, in 2010, Louisiana enacted a law making it illegal to sell products or offer services in
Client Alert | May 7, 2012
New York partner Jennifer Rearden and Los Angeles associate Brooke Myers Wallace are the authors of "Non-Party...Party? When it Comes to Deleted ESI, Is There a Difference Anymore?" [PDF] published in the April 26, 2012 issue of Bloomberg/BNA's Digital Discovery & e-Evidence Report.
Client Alert | April 26, 2012
On February 23, 2012, the Obama Administration unveiled a new framework for protecting privacy and promoting innovation on the internet and in the digital economy ("Framework"). The Framework consists of five key elements: (1) a Consumer Privacy Bill of Rights ("Bill of Rights") that sets out seven basic principles; (2) a process to develop more detailed sector-specific opt-in codes of conduct ("Codes of Conduct"); (3) enforcement powers for the Federal Trade Commission ("FTC") to enforce both the Bill of Rights and Codes of Conduct (when a company opts to abide by a Code of Conduct); (4) a national standard for security breach notification; and (5) greater global interoperability.
Client Alert | February 24, 2012
The pace of data privacy and security legal events accelerated in 2011, as the global economy became increasingly dependent on online, mobile and server-based platforms and networks.
Client Alert | February 7, 2012
On Wednesday, January 25, 2012, the European Commission released its proposed new regulation which will replace and update the outdated Data Protection Directive 95/46/EC (the "Directive"). The existing Directive has governed data privacy in the EU for approximately 17 years and was enacted at a time when the privacy issues faced today from the proliferation of the internet, cloud computing, social networks and global outsourcing could hardly be imagined. Whilst businesses may welcome the proposal to replace the existing patchwork of laws with a single law that will apply across Europe, the new regulation will also introduce additional new rights for employees, consumers and users across Europe, creating new challenges for companies subject to the regulation.
Client Alert | January 31, 2012
Washington, D.C. partner Howard Hogan is the co-author of "Unique Online Trademark Issues" and "Domain Name Registration, Maintenance and Protection," appearing as Chapters 7 and 8 in BNA's Intellectual Property Law in Cyberspace [PDF], Second Edition, published in January 2012.
Client Alert | January 20, 2012
Brussels partner Andrés Font Galarza and associates Eryk Dziadykiewicz and Pablo Figueroa are the authors of "Exclusive distribution: An overview of EU and national case law" [PDF] published in e-Competitions in January 2012.
Client Alert | January 2, 2012
On October 13, 2011, the staff of the Securities and Exchange Commission ("SEC") released disclosure guidance regarding public company disclosure obligations relating to cybersecurity risks and cyber incidents (the "Disclosure Guidance")." The Disclosure Guidance reviews specific SEC disclosure rules that may require public companies to describe cybersecurity matters and provides SEC staff guidance on what type of disclosure, if any, may be necessary in light of a company's particular facts and circumstances. The Disclosure Guidance is available at http://www.sec.gov/divisions/corpfin/guidance/cfguidance-topic2.htm. Cybersecurity is only the second topic to be addressed in the Division of Corporation Finance's new Disclosure Guidance publicatio
Client Alert | October 17, 2011
On September 20, 2011, Judge Lucy H. Koh of the United States District Court for the Northern District of California issued an order in In re iPhone Application Litigation, Case No.
Client Alert | September 27, 2011
On August 24, 2011, the Ministry of Communications and Information Technology of the Government of India ("IT Ministry"), through the Press Information Bureau, issued a press note ("Press Note") containing certain clarifications to the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 ("Data Privacy Rules") issued earlier in the year.
Client Alert | September 9, 2011
On August 23, 2011, Judge Richard S. Sullivan of the Southern District of New York issued a decision in Gucci America, Inc. v. Li, No. 10 Civ. 4974 (RJS) granting the plaintiffs' motion to compel the production of counterfeiters' bank records from non-party Bank of China.
Client Alert | September 6, 2011