Emily R. Fedeles

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Firm/Organization: Baker & Hostetler LLP
Blogs: Data Privacy Monitor, Discovery Advocate, The Blockchain Monitor

Latest Articles

In this issue: • 2018 Cryptocurrency Recap, Developments in Cryptocurrency Exchanges and Payment Providers • New Blockchain Capital Markets Platforms Announced With Institutional Investment • Are Crypto Regulations Getting Tighter or Looser? Depends About Where You’re Asking • The Curious Case of Cryptopia, and Updates on Threats and Enforcement Actions 2018 Cryptocurrency Recap, Developments in Cryptocurrency Exchanges and Payment Providers By: Emily R. Fedeles According to a recent report, despite a lower price compared to…
On January 10, Advocate General Maciej Szpunar released an opinion recommending that Google and other search engines should not be forced to apply the EU’s “right to be forgotten” beyond the EU.  The advocates general assist the judges of the Court of Justice of the European Union (CJEU), providing independent legal solutions to issues presented to the CJEU. The judges decide whether an official opinion from an advocate general is necessary. The judges are not…
The end of 2018 saw heightened activity surrounding the EU-U.S. Privacy Shield Framework.  This blog post provides a news roundup on the following developments: • The European Commission’s (the “Commission”) December 19th report (the “Report”) summarizing the second annual joint review that was held in October 2018. • The Report’s February 28, 2019 deadline for the U.S. to identify a nominee to permanently fill the Ombudsperson position required by the EU-U.S. Privacy Shield Framework. •…
In this issue: • Public and Private Sectors Continue to Invest in Blockchain • Businesses Continue Investment in Blockchain Enterprise Solutions • Financial Services Sector Continues to Integrate Blockchain Amid Promise and Challenges • Enforcement Update: DOJ and Other Agencies Seize $20 Million in Cryptocurrencies Public and Private Sectors Continue to Invest in Blockchain By Simone O. Otenaike Earlier this week, Andreessen Horowitz unveiled plans to launch a $300 million fund that will invest exclusively…
The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants. Currently, the Second Circuit says yes while other circuits tend to say no. While several district courts have concluded that it is not an extraterritorial seizure to enforce warrants that require organizations to produce U.S. users’ account data stored in foreign servers,…
The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Bărbulescu v Romania (Bărbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The Bărbulescu decision held that a Romanian employee’s legally protected right to privacy was violated when his employer monitored personal messages he sent from a company account. This case stemmed from a Romanian company’s dismissal of Mr. Bărbulescu, a sales engineer,…
On September 8, 2017, the Federal Trade Commission (FTC) announced enforcement actions against three companies alleged to have falsely claimed participation in the EU-U.S. Privacy Shield Framework. The move follows several months of uncertainty surrounding the Framework’s future as EU officials and privacy advocates have questioned its efficacy and validity in the run-up to the first annual joint review set to begin next week. FTC Enforcement Actions According to the FTC’s complaints, the three companies…
As noted in the 2017 BakerHostetler Data Security Incident Response Report, the enactment of the EU General Data Protection Regulation (GDPR) represents the most significant change in European data protection law in more than 20 years. Coming into effect on May 25, 2018, the GDPR focuses on a number of core data protection principles and includes provisions relating to fair, lawful, and transparent data processing; data minimization and purpose limitation; data integrity and accuracy;…
On February 13, 2017, the Australian Senate passed a bill establishing a mandatory requirement to notify the Privacy Commissioner and affected individuals of “eligible” data breaches. The Privacy Amendment (Notifiable Data Breaches) Act 2016, which was passed by the House of Representatives the previous week, amends Australia’s Privacy Act 1988 and is slated to take effect on February 22, 2018 if no earlier date is proclaimed. The new law introduces a data breach notification…
The scope of discovery may be more limited than you think. The Cole’s Wexford opinion provides a thorough dissection of the history and past iterations of Rule 26 and a clear explanation of the status of the current rule as amended in 2015. Judge Joy Flowers Conti, chief district judge of the U.S. District Court in the Western District of Pennsylvania, addressed the question of relevancy under amended Federal Rule of Civil Procedure 26 in…