Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Category Archives: Privacy

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Privacy vs. Security: Will SCOTUS Leave the (Third) Party in 2018?

If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant? Courts have held that, because companies collect this kind of data in the ordinary course of business, consumers who voluntarily provide information to these … Continue Reading

The Basics of International Privacy Law for Commercial Litigators, Part 3: Cross-Border Discovery Issues

As explained in Part I and Part II of this series, U.S.-based commercial litigators should be aware that other countries’ privacy laws may affect their cases in unexpected ways. Perhaps the most likely stage for these issues to surface is during discovery, where materials of interest are located in another country, and that country’s privacy … Continue Reading

The Supreme Court’s Spokeo Decision and its Potential Impact on Privacy and Data Security Class Actions

On May 16, 2016, the Supreme Court decided Spokeo, Inc. v. Robins, ruling that a plaintiff must sufficiently allege an injury that is both concrete and particularized in order to have Article III standing, and further that a “bare procedural violation” of a plaintiff’s statutory right may not be sufficiently “concrete” under this analysis. This … Continue Reading

CA Court Plays “Tag” – Judge Refuses to Drop Facebook Photo-Tagging Privacy Case

Earlier this month, a judge from the Northern District of California allowed a putative class action suit to proceed against Facebook. In this case, the plaintiffs alleged Facebook collected and stored biometric data of individuals’ facial features for use in “tagging” friends in digital photographs. In rejecting Facebook’s attempt to dismiss the suit, the court … Continue Reading

The Basics of International Privacy Law for Commercial Litigators, Part 2: Global Trends

Although the volume of data that flows between the EU and the U.S. ensures that EU privacy law occupies most of the spotlight on the world stage, other countries have their own privacy laws worth noting as well.[1] Different Types of Privacy Regimes As a preliminary matter, it is important to keep in mind that … Continue Reading

The Basics of International Privacy Law for Commercial Litigators, Part 1: the EU

Let’s say an American commercial litigator is working to defend a multinational client that has been sued in the U.S. The litigator may realize that he or she needs to collect emails or other documents from the client’s office in Germany, perhaps for discovery or investigation. However, the export of the data contained in those … Continue Reading
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