Privacy
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In-House Counsel, Technology
Thinking About Cyber Due Diligence
Smart in-house lawyers should start talking about this subject NOW. -
Non-Sequiturs
Non-Sequiturs: 07.27.17
* More details on the lawyer who took down the University of Florida’s general counsel. [Deadspin]
* Welp, this is what happens when they stop teaching treason at Harvard Law School. [Salon]
* “Too skinny” is a bad thing when it applies to your health insurance. [The Slot]
* The House Judiciary Committee is just bonkers, y’all. [Wonkette]
* You should probably be stocking up on these. [Corporette]
* Is your privacy taking a beating in the war against opioids? [Overlawyered]
* Advice for lawyers: pick up the damn phone. [Wisconsin Lawyer]
* Rikers Island traded one awful practice for another. [Pacific Standard]
* Will this terrible murder be the beginning of an era of regulation for the cruise line industry? [Law and More]
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Health Care / Medicine, Privacy
9 HIPAA Settlements So Far This Year
In the world of health IT, there have already been a plethora of HIPAA settlements. -
Non-Sequiturs
Non-Sequiturs: 06.28.17
* Very interesting piece by Mark Joseph Stern on Justice Neil M. Gorsuch’s dissent in Pavan v. Smith (aka the “LGBT parents on birth certificates” case). It seems to me that Justice Gorsuch’s statement is technically correct — the Arkansas Department of Health (1) was okay with giving the named plaintiffs their birth certificates and (2) conceded that in the artificial-insemination context, gay couples can’t be treated differently than straight couples (see the Arkansas Supreme Court opinion, footnote 1 and page 18) — but it’s either confusing, at best, or misleading and disingenuous, at worst (the view of Shannon Minter of the National Center for Lesbian Rights, counsel to the plaintiffs). [Slate]
* Speaking of Justice Gorsuch, Adam Feldman makes some predictions about what we can expect from him in the future, based on his first few opinions. [Empirical SCOTUS]
* Professor Rick Hasen has made up his mind on this: “Gorsuch is the new Scalia, just as Trump promised.” [Los Angeles Times]
* The VC welcomes a new co-conspirator: Professor Sai Prakash, a top scholar of constitutional law and executive power. [Volokh Conspiracy / Washington Post]
* Now that Harvard Law School will accept GRE scores in lieu of LSAT scores, what do law school applicants need to know about the two tests? [Law School HQ]
* And what do Snapchat users need to know about the app’s new “Snap Map” feature? Cyberspace lawyer Drew Rossow flags potential privacy problems. [WFAA]
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Small Law Firms, Technology, Women's Issues
alt.legal: Hanging Out The Alternative Women-Owned Shingle
This woman-owned boutique firm encapsulates so much about courageous lawyers executing their own vision of practice. -
Constitutional Law, Technology
Should Tech Companies Help Law Enforcement Break Into Your Devices?
Encryption is here... and some people think the government should have a back door. -
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Health Care / Medicine, Privacy
It’s Time To Preempt State Medical Privacy Laws That Differ From HIPAA
Navigating regulatory hurdles in digital health. -
Small Law Firms, Solo Practitioners, Technology
Thank You, Mr. President, For My $379 Speedier, More Secure Office On The Go
The increased assault on privacy at the border is a wake-up call for lawyers on cybersecurity. -
Non-Sequiturs
Non-Sequiturs: 04.13.17
* There’s been an arrest in the murder of Chicago judge Raymond Myles. [The Root]
* On the regulatory definition of milk. [LawSci]
* A deep dive into the way people talked about the Gorsuch confirmation hearings. [Empirical SCOTUS]
* The Fourth Circuit’s liberalization. [Washington Post]
* President Trump signed a bill allowing states to defund Planned Parenthood in private, away from the cameras. Wonder why the spotlight-seeking president decided to sign this law without the media present. [CNN]
* What it takes to wield the awesome power and responsibility of being a judge. [Katz Justice]
* Courts are ignoring the big questions in privacy cases. [Slate]
* When the “safe” career choice is no longer safe. [Law and More]
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Privacy, Technology
Secure Client Communication In The Trump Era
What can you do to protect yourself from invasive ISPs? -
Morning Docket
Morning Docket: 04.05.17
* Talk about an alleged fashion faux pas! LuLaRoe, the maker of the “buttery-soft” leggings that have taken the internet by storm, is facing a class-action lawsuit over the quality of the company’s leggings. Plaintiffs claim that the leggings as “tear[] as easily as wet toilet paper.” LuLaRoe, of course, has stated that the allegations are “completely without merit.” [BuzzFeed]
* “There’s a reason they call it the nuclear option, and that is because there’s fallout. And this fallout will be dangerously and perhaps disastrously radioactive for the Senate for years to come.” Senate Majority Leader Mitch McConnell has set a vote to change Senate rules in order to confirm Supreme Court nominee Judge Neil Gorsuch. [Reuters]
* In a landmark en banc decision, the Seventh Circuit reversed itself and ruled that the Civil Rights Act of 1964 protects LGBT employees from workplace discrimination on the basis of sexual orientation. This is not only the first time in history that a federal appellate court has come to this conclusion, but it also creates a split from a recent Eleventh Circuit opinion. This will likely be heard by the Supreme Court. [TIME]
* Squire Patton Boggs has formed an alliance with Donald Trump’s longtime personal attorney, Michael Cohen, who credits himself as the one who convinced the president to run for office. At this time, it’s unclear what exactly Cohen will be doing for the firm, but he’ll be working from the firm’s offices in New York, London, and D.C. [WSJ Law Blog]
* Dislike: Facebook must turn over digital information from almost 400 user accounts following its failed bid at the New York Court of Appeals to appeal a bulk warrant on privacy grounds. A lone judge dissented, bemoaning the fact that the high court punted on a case that could have disastrous effects on civil liberties. [New York Daily News]
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Law Schools, Privacy, Small Law Firms
T14 Law Professor Backs Out Of Privacy Debate With 'Most Hated' Lawyer
An online duel between a privacy lawyer and a T14 consumer protection professor? -
Morning Docket
Morning Docket: 03.24.17
* Are you ready to be tracked online, everyone? Senate Republicans voted yesterday to overturn internet privacy protections for individuals that were created by the Federal Communications Commission in October. “These were the strongest online privacy rules to date, and this vote is a huge step backwards in consumer protection writ large.” [DealBook / New York Times]
* Being forced to resign from your position isn’t so bad when you can land a sweet gig as a law professor. Barbara McQuade and Preet Bharara aren’t the only U.S. Attorneys who found new homes at law schools in the wake of their recent ouster by Attorney General Jeff Sessions. Paul Fishman, the former U.S. Attorney for the District of New Jersey, is now a visiting fellow at Seton Hall University School of Law. Congrats! [Law.com]
* Mary Yelenick, the third Chadbourne & Parke partner to join the $100 million gender bias class-action suit filed against the firm, claims she was pressured to disavow the allegations in a letter signed by fourteen of the firm’s then-sixteen female partners. “At least two of the partners who signed the letter subsequently expressed to me that they hesitated, but felt great pressure to sign the letter,” she says. [Big Law Business]
* Gawker may be approaching a “potential settlement” with Peter Thiel relative to the tech billionaire’s vendetta against the website. The feud led to Thiel’s funding of several lawsuits against Gawker, including the one filed by wrestler Hulk Hogan which eventually bankrupted the site. Any deal between the parties would likely protect Gawker founder Nick Denton from any future Thiel-funded lawsuits. [New York Post]
* Illinois may be getting ready to puff, puff, pass some legislation that will legalize recreational marijuana. Senate Bill 316 and House Bill 2353 will allow adults to possess up to 28 grams of marijuana and regulate its sale, tax, cultivation, and use. The state already allows patients with certain ailments to use medical marijuana and decriminalized possession of up to 10 grams of marijuana last year. [Newsweek]
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Morning Docket
Morning Docket: 03.16.17
* It’s not just Hawaii; a federal judge in Maryland has also ruled against Donald Trump’s revised immigration order. [CNN]
* Every woman to ever argue before the Supreme Court. [Supreme Court Brief]
* Accusations abound that former Yahoo GC Ronald Bell “took the hit” for CEO Marissa Mayer in the hacking matter. Now if she can someone to take the hit for the company’s overall performance, she’ll be golden. [CNBC]
* Emma Watson pursuing legal action against hackers over leaked photos of a fitting. Expecto litigious! [Time]
* Relatedly, Lisa Bloom warns against revenge-porn dealers peddling Mischa Barton pics. [USA Today]
* Video game cheating can be a costly industry — Blizzard is suing a cheat-maker for $8.5 million. Or, you know, 1/200th of what Blizzard brings in annually. [Kotaku]
* Immigration could disrupt the happily ever after ending of The Bachelor before the customary 2 months. [Chicago Tribune]
* The Mormon Church is getting lessons in the breadth of the First Amendment. [Salt Lake Tribune]
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Justice
France Has Maybe Figured Out How To Protect Your Privacy From Drones
You and your goddamn eagle v. freckleface and his stupid toy. -
Biglaw, Politics
Practice Areas Positioned For Winning Under The Trump Administration
Columnist Scott Mozarsky predicts which practice areas might pick up the most over the next four years. -
Privacy, Technology
Using A Password Manager
A password manager is a quick and easy way to protect your client files and other confidential information. -
Celebrities, Justice, Media and Journalism
Gawker Settles With Hulk Hogan, And The First Amendment Is Worse For It
What this means is that the freedom of the press means whatever Peter Thiel decides it means. -
In-House Counsel, Privacy, Technology
Explaining Privacy And Cybersecurity To A Corporate Board
How should in-house lawyers and corporate boards approach these critical concerns?