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Privacy & Data Security


In-depth looks into topics relevant to you. Find all of the Privacy and Data Security Committee's articles in this archive.


The Illinois Supreme Court Issues Two Major BIPA Rulings
By Lynda Grant – March 6, 2023
Courts have experienced an explosion of BIPA litigation over the past several years, fueled in part by the increasing use of biometric technology.


After TransUnion, Lower Courts Grapple with Article III Standing in Data Breach Lawsuits
By Alexander (Sandy) R. Bilus and Erik J. VanderWeyden – April 27, 2022
Although the Supreme Court has provided some answers, the current legal landscape for data breach litigation is still unsettled.

A Look at the SEC’s Last Decade of Cybersecurity Enforcement Efforts, Part II: Focus on Registered Entities
By Kit Addleman, Tim Newman, and Carrington Giammittorio – February 15, 2022
Enforcement actions have focused on the Safeguards Rule of Regulation S-P.

A Look at the SEC’s Last Decade of Cybersecurity Enforcement Efforts, Part I: Focus on Public Companies
By Kit Addleman, Tim Newman, and Carrington Giammittorio – January 7, 2022
The commission brought its first enforcement action in 2018 and has built on those efforts through 2021.


The Prospects of Constitutional Challenges to COMPAS Risk Assessment
By Chris Miller – April 26, 2021
Reports concerning prisoners have become a veil behind which constitutionally fraught determinations are being made.

Virginia Set to Become the Second State to Enact Holistic Data Privacy Law
By Glenn A. Brown – February 23, 2021
The act purports to regulate the collection, use, and disclosure of the personal data of Virginia’s residents generally.

First Amendment Considerations in the Federal Regulation of Social Media Networks’ Algorithmic Speech, Part II
By Veronika Balbuzanova – February 18, 2021
Social media networks’ algorithmic speech would likely be subject to a rational basis review that nearly any legislation would withstand given the significant public policy considerations at play.

First Amendment Considerations in the Federal Regulation of Social Media Networks’ Algorithmic Speech, Part I
By Veronika Balbuzanova – January 29, 2021
The law considers an algorithm to be just as much a form of free speech as, say, a musical score.

Zero Dark Data: Hacktivism, Cybersecurity, and Social Change
By Robert Sweet – January 19, 2021
Hacktivists operate communication technologies to improve democracy by translating civil disobedience into cyberspace. However, the current regulatory regime seeks to repress, rather than permit, exposing injustice. It must be reformed to allow civic engagement to flourish.

Mobile Messaging Apps at the Workplace: Risks and Mitigation Strategies
By Melissa E. Parisi – January 5, 2021
Companies should ensure its acceptable use policies and procedures take into account new and emerging types of communication platforms and implement ground rules for all employees.


The Legal Landscape for Geolocation Data: Where Are We Going?
By Hanley Chew – December 6, 2017
The law may be evolving through the courts to recognizing the invasive nature of geolocation data and extending greater privacy protection to this data.


What Companies Need to Know about Current and Proposed Drone Laws
By Amanda Fitzsimmons and Monica D. Scott – May 23, 2016
As the devices become more prevalent, they often (literally) collide with a world not quite ready for their arrival.

EU's General Data Protection Regulation: Sweeping Changes Coming to European and U.S. Companies
By Jonathan Millard and Tyler Newby – May 23, 2016
The new measure is a response to developments in data collection and the explosion in security breaches.

In Spokeo, Supreme Court Requires "Particularized" and "Concrete" Harm
By Theresa House and Andrew Leff – May 20, 2016
Even for plaintiffs pursuing statutory damages.

The Growing Dichotomy in Federally Imposed Cybersecurity Obligations
By William Knight – May 23, 2016
We have seen executive mixed signals in FTC v. Wyndham and Apple's feud with the FBI.

How Can a Defendant Kill a Class Action after Campbell?
By Eric DiIulio and Shannon Petersen – May 23, 2016
The Supreme Court leaves the question open.


Expert Depositions: Online Preparation Techniques for Litigators
By Kevin Hartzell – March 30, 2015
How to find and prepare for all the skeletons in your witness's closet.


Practical Advice for a Successful Legal Hold Program
By Syed Ahmad and Corey Lee – March 14, 2014
Both counsel and the client are responsible for ensuring the proper preservation of ESI.

Big Data: Control It Before It's Too Late
By Robert Grande – March 14, 2014
In-house counsel must take special steps to maintain the security of ESI.


Firsthand E-Discovery Surprises with Practical Tips
By Claudia T. Morgan – July 24, 2013
Avoid common e-discovery pitfalls by learning from someone who's been on the front lines for years.

Defensible Deletion: The Touchstone of Effective E-Discovery
By Philip Favro – July 24, 2013
What are your clients doing to address the massive amounts of electronic data that expose them to litigation risks?

Mobile Devices as Discoverable Data
By Kate Paslin – February 12, 2013
The "new kids on the block" represent a wildly underestimated source of key information for civil matters.


Making Sense of Data Tsunamis
By Robert Grande – November 21, 2012
The "new kids on the block" represent a wildly underestimated source of key information for civil matters.

How Law Firms Can Defend Against Social Engineering
By Bill Gardner – October 23, 2012
Building technical defenses around your law firm's network is no longer enough; you must also secure the human.

Solid-State Drives Are a Game Changer for Deleted Files
By John Sammons – June 11, 2012
Solid-state drives store data in a different way than magnetic drives, making them less friendly to deleted-file recovery and acquisition verification.

Better E-Discovery: Unified Governance and the IGRM
By Marcus Ledergerber and Matthew Knouff – June 11, 2012
The IGRM can help you go above and beyond the typical, reactionary, case-by-case approach to discovery issues by proposing broader solutions to managing ESI.

Collecting and Analyzing iPads: What You Need to Know
By Cuyler Robinson – April 10, 2012
iPads may contain potentially discovery-relevant business documents, but collecting and analyzing them presents challenges apart from the typical laptop computer.

E-Discovery Collaboration Between Clients and Counsel
By Courtney E. Ward-Reichard Esq. and Frank Nelson – April 10, 2012
Effective collaboration with outside counsel means careful planning, open communications, and efficient workflow.


The Limits of Electronic Discovery in Family Cases
By Dolly Hernandez – July 28, 2011
Discovery requests should include ESI, which presents a predicament for practitioners who consult with clients or their spouses who utilize social media websites.

Securing Your Firm: Information Security from 30,000 Feet
By Josh Lippy – September 13, 2011
Law firms need to adequately address new and growing areas of security involving their digital data.

The Boundaries of Computer Forensics
By John Mallery and Joan K. Archer, J.D., Ph.D. – April 21, 2011
Attorneys can use this basic framework when working with experts and clients to determine what can and cannot be done with computer forensics.

Rules and Regs Pertinent to Computer Investigations
By Alfred A. Malena Jr. – April 21, 2011
Limiting the potential impact of computer forensics investigations is a critical goal in protecting your clients.