Kathleen Dion

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Kate Dion's practice includes all aspects of civil and criminal litigation. She represents clients in complex commercial litigation, including allegations of patent infringement, breach of contract, misappropriation of trade secrets, unfair trade practices, tortious interference with business relations, and other business torts. Her experience also includes counseling clients in government investigations, internal investigations, and white-collar criminal matters. In addition, she represents institutional clients and individuals in probate litigation. Read her rc.com bio here.

Latest Articles

DNA technology has assisted law enforcement in identifying criminals for decades.  The U.S. National DNA Database System stores the DNA data of millions of criminals, and allows law enforcement officers around the country to compare and match forensic evidence in this central repository.  This closed universe of DNA only contains data from individuals arrested or convicted of a crime.  Law enforcement officials who seek to use this information are subject to numerous rules, regulations and procedures governing how…
The Fourth Circuit recently held that universities could be liable for Title IX violations if they fail to adequately respond to harassment that occurs through anonymous-messaging apps. The case, Feminist Majority Foundation v. Hurley, concerned messages sent through the now-defunct app Yik Yak to the individual plaintiffs, who were students at the University of Mary Washington. Yik Yak was a messaging app that allowed users to anonymously post to discussion threads. …
As the myriad of Family Educational Rights and Privacy Act  (FERPA) interpretation issues continues to cloud many educators’ understanding of what is permissible and not permissible under the statute, some assistance was recently provided by the U.S. Department of Education. The Family Policy Compliance Office (FPCO) advises that as with any other “education record,” a photo or video of a student is an education record, subject to specific exclusions, when the photo or video is:  (1) directly related to a student;…
On January 30, 2018, EDUCAUSE, a higher education technology association, submitted a letter to the U.S. Department of Education describing concerns that it had with the Federal Student Aid (“FSA”) ability to protect federal student financial aid data. EDUCAUSE’s members include IT professionals from over 1,800 colleges and universities as well as other organizations. First, EDUCAUSE expressed concerns about letters that various colleges and universities received from the FSA. These letters indicated that a data…
Last Thursday, the United States Supreme Court heard arguments in Carpenter v. United States.  At issue was whether the FBI violated the Fourth Amendment when it obtained the cellphone location records of Timothy Carpenter.  The FBI used these records to establish Mr. Carpenter’s whereabouts during time periods in which certain armed robberies occurred.  The government argued that Mr. Carpenter did not have an expectation of privacy in these records and, thus, no warrant was required. …
Stating the obvious, college is one of the most important and expensive investments Americans make. In addition to tuition costs, from a consumer perspective, other factors should be important in deciding on a college, including graduate employment prospects, average student loan debt, and average number of semesters taken to complete a degree. If you were making a decision on buying a car, you would have access to a tremendous amount comparative information, some generated and…
The Connecticut State Department of Education (DOE) recently published guidance on implementing civil rights protections for transgender students. The guidance, in part, provides information on issues related to requests that a school change a student’s education records to be consistent with their chosen name and gender identity. Notably, the guidance recognized tension that may arise in some circumstances over who is entitled to request a change to a student’s education records. Under the Family Educational…
Last month, Southern Oregon University (SOU) announced that it was the victim of a $1.9 million phishing scheme. SOU received an email purportedly from their contractor, Anderson Construction, requesting the April payment for construction on the McNeal Pavilion and Student Recreation Center. An employee then sent funds to a bank account that the contractor did not control. SOU learned of the scheme three days later when the contractor reported that it never received the payment.…
On May 9, 2017, the Illinois Appellate Court held that the College of DuPage Foundation (Foundation), a fundraising organization for the public College of DuPage (College), is subject to the state’s open records law. In doing so, the Court rejected the Foundation’s argument that it was a charitable organization with no public role, and instead found that the Foundation was performing a government function for the College. In April 2015, the College and the Foundation…
On April 13, 2017, the Electronic Frontier Foundation (EFF) published Spying on Students, a report detailing its investigation into school-issued devices and student privacy. EFF found that parents were overwhelmingly not informed about what educational technology (Ed Tech) their students were using. As a result, students and/or parents were the ones burdened with investigating what Ed Tech was used, what privacy policies were governed, and what privacy implications they may carry. Not surprisingly, parents were…