Privacy
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EU Commission Violates GDPR; Claims That It’s Exempt From The Law For ‘Legal Reasons’
Of course this would be the first big violation of GDPR.
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* In a perfect example of everything wrong with GDPR there are now concerns that, under its terms, blockchain is prohibited. So a law designed to protect privacy might derail the most secure privacy protection technology on the market. Good job! [Legaltech News]
* For months, I’ve used the phrase “GDPR-Y2K-2018.” Looks like someone agrees with me. [Corporate Counsel]
* The lesson we’ve learned over the past week is that being pro-segregation really boosts your chances for the federal bench these days. [Courthouse News Service]
* The air is no so sweet down on Sesame Street, where they’re suing Brian Henson over his new movie, “Happytime Murders.” [Law360]
* A deep dive into that dispute that’s put Michael Avenatti’s firm on the hook for millions. [New York Law Journal]
* Trump’s trade policy may result in economic ruin, but it’ll make a lot of money for lawyers. [American Lawyer]
* Payday lender who tried to skirt the law by claiming to be on Indian reservations slapped with 8-year sentence. [WTOP]
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Companies Respond To The GDPR By Blocking All EU Users
Probably not what they had in mind.
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When In Doubt Redact It All — FBI Gets Redaction Happy With FOIA Request
Comic book characters have privacy rights too.
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* The proposed cap on federal student loans for graduate students will make life a lot rougher for law students who will have to resort to the more expensive private market for tuition bucks. On the other hand, it could devastate the bottom-tier schools who rely on the government gravy train to bilk students into buying a degree they can’t use. So it’s not all bad news. [Law.com]
* When it comes to appointing a Special Master, the government and Michael Cohen have wildly different preferences. The government would like a retired Magistrate, someone well-versed in making tough calls in discovery disputes. Cohen’s camp would prefer a former prosecutor, which you should read as “someone who currently represents criminals and has a vested interest in defining privilege broadly.” Trump’s lawyers haven’t submitted a list of preferred candidates but we can go ahead and pencil in Jeanine Pirro, Andrew Napolitano, and Judge Judy. [New York Law Journal]
* While we’re talking about Cohen, he just dropped his libel suits against Buzzfeed and Fusion GPS over the Steele dossier. So there’s definitely a pee tape. [Politico]
* Oh, and documents suggest he owes $110K in taxes. [Law360]
* Meanwhile, New York Attorney General Eric Schneiderman has asked state lawmakers to eliminate a state law that prevents state prosecutions of individuals who have already reached the plea or a jury is sworn in a federal case. Or, more to the point, when someone in that situation is pardoned. [NY Times]
* There are hints that the jury may acquit Tex McIver of the most serious charges related to his wife’s shooting death. As a reminder, McIver shot her in the back while she rode in the front seat of their car when his gun, which he says he had loaded and ready because he was worried about Black Lives Matter, went off when the car hit a speedbump. [Daily Report Online]
* If you notice some new changes to your Facebook privacy protections, you might think that’s a response to Zuck’s recent congressional testimony. But actually, it’s just Facebook playing shell company roulette to make sure you’re not covered by GDPR. [Reuters]
* The organizer of the Charlottesville “Very Fine People On Both Sides” rally popped into the UVA Law library yesterday. Vigilant students kept an eye on him. [Cavalier Daily]
* We’d also be remiss if we didn’t express our sadness over the loss of Judge Harry T. Stone. Harry Anderson’s portrayal of the free-wheeling but fair judge contributed to making Night Court one of the greatest, and most honest, courtroom television shows of all time. [CNN]
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ACLU: If Americans Want Privacy & Net Neutrality, They Should Build Their Own Broadband Networks
But hurry up, because cable companies are working overtime to make competition illegal.
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Data Security And Data Breaches: What’s A Lawyer To Do?
How can lawyers help their clients protect their data, and how can lawyers help in the event of a breach?
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In-House Counsel, Privacy, Technology
6 Insights About GDPR Compliance
Sorry, folks — when it comes to GDPR compliance, there are no shortcuts.
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Machine Learning And Human Values: Can They Be Reconciled?
Taken as a whole, artificial intelligence will promote justice and prosperity — but as with any technology, it presents some ethical challenges.
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In-House Counsel, Privacy, Technology
GDPR Compliance: We’ve Only Just Begun
Complying with the GDPR is a marathon, not a sprint.
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The Next Hot Area Of Law: Privacy
The demand for lawyers who understand privacy is high — and will only get higher in the years ahead.
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More Than Words — Practicing in the Age of Privacy
Technical expertise, increasingly, will be required to sustain a healthy privacy practice in this new age.
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* A question that has crossed the mind of every Biglaw corporate associate: “How much of lawyering is being a copy-and-paste monkey?” [3 Geeks and a Law Blog]
* Kenneth Jost notes out how Justices Ginsburg and Gorsuch like to butt heads — and scores the fight 2-0 in RBG’s favor. [Jost on Justice]
* And speaking of rumbles at One First Street, which pairs of justices have the most disagreements with each other, as reflected in majority and dissenting opinions? Adam Feldman has answers. [Empirical SCOTUS]
* Saira Rao, former Cleary Gottlieb associate and author of the clerkship novel Chambermaid (affiliate link), takes on a new challenge: running for Congress. [American Bazaar]
* Data privacy is the name of the game these days, and Thomson Reuters is ready; TR showed off its new, Watson-enabled Data Privacy Advisor at Legalweek here in New York. [Dewey B Strategic]
* Amidst all the hoopla and robot fights at Legalweek, it would be easy to overlook the latest news from Neota Logic — but you shouldn’t. [Artificial Lawyer]
* Should more states move away from requiring unanimous jury verdicts in criminal cases? Joel Cohen argues that 11 is not enough. [Law & Crime]
* Can a U.S. court punish someone for their speech, on the theory that he breached an agreement not to speak, while keeping the speech-restrictive agreement secret? Eugene Volokh thinks not (with good reason). [Volokh Conspiracy / Reason]
* Dewey see an end in sight for legal proceedings related to the collapse of the Biglaw giant? Former executive director Stephen DiCarmine was supposed to be in court today to face fraud claims from the Securities and Exchange Commission, but it looks like the parties might have a deal. [Law360]
* If you will be in New York City next weekend and are interested Asian-American leadership in the legal field, consider attending Columbia APALSA’s annual conference — where Kathy Hirata Chin will be honored for her efforts to promote diversity in the legal profession. [Columbia Law School APALSA]
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Trump Doesn’t Understand Surveillance Powers; House Votes To Give Him More Of It
Sounds like a sound plan.
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* The Kozinski retirement raises the important question — where does a clerk go to report misconduct (a question raised in this Lithwick column)? There’s now pressure on Chief Justice Roberts to work out a solution. [The Recorder]
* Speaking of sexual harassment, the wave of misconduct revelations has lawyers seriously questioning NDAs (something we’ve written about before here at ATL). [Reuters]
* Wondering who the next potential Trump SCOTUS nominee would be? Breaking down the numbers it would seem to be… [Empirical SCOTUS]
* Crain’s has a list of the 100 Leading Women Lawyers in New York City. [Crain’s]
* Law enforcement requests for Facebook data are up big time. This is why we can’t have nice things. [CNET]
* What do general counsel want for the holidays? The same thing they want every year: more service for less money. [American Lawyer]
* New suit goes after Blue Apron for its stock price drop. As if they’re responsible for Jeff Bezos gutting their market share in Brooklyn. [Law360]
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The Growing Risks Of Using Personal Data: GDPR And Beyond
As 2017 draws to a close, the May 25, 2018 compliance deadline for the EU General Data Protection Regulation (GDPR) is looming.
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Government Drops Its Demand For Data On 6,000 Facebook Users
After a few months of bad publicity and legal wrangling, the DOJ finally packs it in.