In Ingham Regional Medical Center v. U.S. (Jan. 6, 2020), the Court of Federal Claims compelled production of certain government investigatory documents that the Court found were not privileged work product prepared “in anticipation of litigation.” The Medical Center
Data Law Insights
Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery
Data Law Insights, published by Crowell & Moring LLP, focuses on legal issues surrounding data privacy, cybersecurity, and technology law. The blog covers topics such as compliance with privacy statutes like the California Invasion of Privacy Act (CIPA), interpretation of privacy laws in the context of new technologies, and liability risks for companies operating websites and digital services. It also addresses regulatory developments including the EU's NIS2 Directive on cybersecurity obligations for essential and important entities, and the implications for businesses operating across jurisdictions. The blog provides analysis on managing legal risks related to data collection, consent, and information security in evolving technological landscapes.
Latest from Data Law Insights - Page 8
No More “Wait & See” for CMMC: DoD Releases Final Cybersecurity Maturity Model Certification
By Kate Growley
The Department of Defense (DoD) has released Version 1.0 of the Cybersecurity Maturity Model Certification (CMMC), Appendices A-F, and an Overview Briefing. While Version 1.0 largely mirrors the draft Version 0.7, the final version includes notable revisions.…
Crowell & Moring Releases Litigation Forecast 2020 — Learn how the Internet of Things and AI Expose Companies to Increased Tort, Privacy, and Cybersecurity Litigation
Crowell & Moring has released Litigation Forecast 2020: What Corporate Counsel Need to Know for the Coming Year. The eighth-annual Forecast provides forward-looking insights from leading Crowell & Moring lawyers to help legal departments anticipate and respond to challenges…
Burden of Compliance With Foreign Data Privacy Laws Does Not Justify Withholding of Banking Records
On January 13, 2020, U.S. District Court Judge Castel of the Southern District of New York in SEC v. Telegram Group Inc. et al., No. 19 Civ. 9439 (PKC) granted the motion of the U.S. Securities and Exchange Commission (“SEC”)…
California’s Landmark Privacy Law Now in Effect
On January 1, 2020, California’s landmark privacy law, the California Consumer Privacy Act (CCPA), took effect. The CCPA imposes various obligations on covered businesses and provides extensive rights to consumers with respect to controlling the collection and use of their…
Prohibition on Expert Testimony Results in New Trial
– GN Netcom, Inc. v. Plantronics, Inc., 930 F.3d 76 (3d. Cir. 2019)
The Third Circuit’s decision in GN Netcom illustrates how Federal Rule of Civil Procedure 37(e) has elevated the bar to obtaining a default judgment based on…
Tips For Making Privilege Logs Less Scary
This time of year, everything tends to be more scary and spooky, but one thing doesn’t have to be – creating a defensible privilege log! Creating a privilege log can be one of the most time consuming, labor intensive and…
Why consent is the weakest link
Consent is only one of the six legal grounds for processing personal data under the GDPR, but it is certainly the most well-known. While it might look safe and solid at first sight, it is becoming the weakest link of…
Court of Justice of the European Union Finds that Pre-Ticked Checkboxes Are Not Valid Consents under GDPR
On October 1, 2019, the Court of Justice of the European Union (CJEU) issued a final ruling in the Planet49 case (case C-673/17 – available here).
Following a request for preliminary ruling from the German Federal Court of Justice,…
Belgian Data Protection Authority Finds Merchant Violated GDPR by Requiring Customers to Provide Electronic ID to Receive Loyalty Card
Executive summary
On September 17, 2019, the Belgian Data Protection Authority (DPA) issued a fine of EUR 10,000 for a breach of the General Data Protection Regulation’s (GDPR). The case related to a merchant who required the use of an…