Carpe Datum Law

Legal Updates on eDiscovery, Data Privacy, and Cybersecurity

Latest from Carpe Datum Law

Powering Data Breach Response with AI: A Case Study

December 12, 2019

At Seyfarth, I’m not just an attorney—I’m also an ethical hacker and digital forensic expert, and I’m proud to be one of several “attorneys who code” at Seyfarth. Here, we’re passionate about technology, and we routinely seek creative ways to leverage innovations that enhance client services. I’ve found that one area where emerging technology can make an enormous impact is in the data breach notification assessment space. Specifically, I’ve found that artificial intelligence can power…

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New Decision Regarding Discovery in Aid of Foreign Litigation

By Eddy Salcedo & Owen Wolfe

December 3, 2019

In a much-anticipated opinion, Judge George B. Daniels of the United States District Court for the Southern District of New York recently affirmed the decision of a magistrate judge regarding the scope of discovery in aid of a foreign litigation pursuant to 28 U.S.C. § 1782. (You can read more about Section 1782 and the magistrate judge’s underlying decision in our prior blog post, here). Briefly, Magistrate Judge Gabriel W. Gorenstein grappled with an issue…

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Court Sanctions Defendant for Failure to Preserve Texts in Suit Brought by Prince’s Estate

By Tushar Vaidya & Jamila Hemmerich

November 19, 2019

newspaper-tributes-to-prince-following-his-passing-picture-id522872574

This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the estate of the late musician commonly known as “Prince”. Representatives for Prince’s estate brought suit against Defendants George Ian Boxill, Rogue Music Alliance (“RMA”), Deliverance LLC (“Deliverance”), David Staley, Gabriel Solomon Wilson, and other parties alleging copyright infringement. …

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Look Out Marvel, There’s a NEW SHIELD in Town

By Richard Lutkus, EnCE, EnCEP, CEH, Edward "Ted" Murphree & Jamila Hemmerich

October 21, 2019

For Marvel Entertainment fans, this one’s for you: Step aside Nick Fury, New York has a new SHIELD. New York state recently passed a new law extending protections against cyber-attacks for its residents with NY Senate Bill S5575B, also known as the “Stop Hacks and Improve Electronic Data Security Act” or SHIELD Act, for short. This Act expands New York’s data breach notification statute in definition, notice, scope, and compliance requirements of any individual or…

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And the Wait for CCPA Rules is Over …. Kind Of

By John Tomaszewski, Jason Priebe & Edward "Ted" Murphree

October 14, 2019

Cross-posted from The Global Privacy Watch blog. Attorney General Becerra’s office posted the long-awaited draft CCPA regulations a little before 2:00 pm (PST) October 10th. It was a bit of a curve ball, to be perfectly honest (considering the final swath of amendments to the CCPA are not even final until Governor Newsom signs them, or on October 13th). Tellingly, the California Administrative Procedure Act requires the California Department of Finance to approve “major regulations”…

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FBI Public Service Announcement on Ransomware

By Jason Priebe

October 9, 2019

This month, the Federal Bureau of Investigation published information and guidance for organizations about ransomware attacks, along with some suggested preventative measures. There is a section in the bulletin discussing whether victims should consider paying ransom to attackers. According to the statement, the FBI “does not advocate paying a ransom, in part because it does not guarantee and organization will regain access to its data,” and paying ransoms emboldens criminals to target others. Several of…

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Nevada: Bucking the Wait and See Approach to Consumer Privacy Law

By Jason Priebe & Edward "Ted" Murphree

September 25, 2019

In our May blog post, we took issue with the broadcast statement that ‘consumer privacy law was sweeping the country and that other states were jumping on the California Consumer Privacy Law (CCPA) bandwagon to enact their own state law.’ The problem as we saw it, was that the truth behind these sensationalistic statements was a bit more nuanced than people were led to believe. Most states, we found, that introduced consumer privacy legislation simply…

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CCPA Amendments: Again Employees and the Loyalty Program Change Nobody is Talking About

By John Tomaszewski & Jason Priebe

July 18, 2019

Those interested in keeping up with the latest news impacting the California Consumer Privacy Act have been heavily focused on AB 25, and its potential to exclude employees from the scope of the CCPA. In a marathon late-night session, the California Senate Judiciary Committee weighed in July 11 on various bills—including AB 25. An while AB 25 was part of the Committee debate, that amendment may actually make the bill less useful than first intended.…

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Upcoming Webinar Series! California Consumer Privacy Act: Is your organization ready?

By Jason Priebe, John Tomaszewski & Edward "Ted" Murphree

June 27, 2019

In just a few short months, on January 1, 2020, the California Consumer Privacy Act (CCPA) is set to go into effect, establishing new consumer privacy rights for California residents and imposing significant new duties and obligations on commercial businesses conducting business in the state of California. Consumer rights include the right to know what personal information a business is collecting, selling, and disclosing about them; the right to deletion; the right to opt-out of…

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Seyfarth’s eDiscovery and Information Governance Group is Ranked in the Legal 500

By Seyfarth Shaw

June 5, 2019

The eDiscovery and Information Governance Group has been ranked in Tier Three in the latest Legal 500 ranking. Richard (Rick) Lutkus was also recognized as a Rising Star in Media, Technology & Telecoms – Cyber Law. Rick Lutkus and Kathleen McConnell were also recognized by the editorial as recommended lawyers. Led by Scott Carlson (also ranked in the Legal 500) and Jay Carle, the group has been lauded by clients and peers for…

Carpe Datum Law

Legal Updates on eDiscovery, Data Privacy, and Cybersecurity

Blog Authors

Powering Data Breach Response with AI: A Case Study

New Decision Regarding Discovery in Aid of Foreign Litigation

Court Sanctions Defendant for Failure to Preserve Texts in Suit Brought by Prince’s Estate

Look Out Marvel, There’s a NEW SHIELD in Town

And the Wait for CCPA Rules is Over …. Kind Of

FBI Public Service Announcement on Ransomware

Nevada: Bucking the Wait and See Approach to Consumer Privacy Law

CCPA Amendments: Again Employees and the Loyalty Program Change Nobody is Talking About

Upcoming Webinar Series! California Consumer Privacy Act: Is your organization ready?

Seyfarth’s eDiscovery and Information Governance Group is Ranked in the Legal 500

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