Connecticut Insurance Deparment Requires Notification of Privacy Security Breaches

Wednesday, September 8, 2010 by Chris Stephen
Here is one of those convergence points where business law and privacy law intersect and effectuate additional administrative duties on the business holder.  In a rather interesting bulletin, the Connecticut Department of Insurance issued a directive on August 18, 2010, requiring "that all licensees and registrants of the Department notify the Department of any information security incident which affects any Connecticut residents as soon as the incident is identified, but no later than five (5)...Read More »

Repost: Internet Rewards Program Class Action Survives Initial Motion to Dismiss -- In re Easysaver Rewards

Sunday, August 29, 2010 by Chris Stephen
I don't often blanket repost other blogs that I see, however, in this instance, I think it is appropriate.  Venkat, writing for Professor Goldman's blog, writes an excellent analysis of the recent ruling in the In re: Easysaver Rewards Litigation(S.D. Cal. August 13, 2010).  This is a very interesting case in that it covers several different, more traditional causes of action and analysis.  I'm interested to see what ramification this case is going to have on SaaS law and privacy litigation....Read More »

Cloud Computing: German data police say "Nein!"

Thursday, June 24, 2010 by Chris Stephen
This is one of those great posts that gets to combine cloud computing law with privacy law with political intrigue.  Before I get too far in, I want to set out my own caveat.  In my opinion, there is a data war brewing between the United States, EU, and China and everyone if vying for the top dog spot.  The basis of this is the fact that each faction views the protection of data very differently and they each want to be the best.  To just give you a surface level scratch of the differences I'll...Read More »

Social Networking and the Web - So much more than ambulance-chasing

Thursday, June 17, 2010 by Chris Stephen
Be prepared:  I'm going to get on a bit of a soapbox.  I read a recent article at WSJ.com entitled "Using Social Networking as  Legal Tool" (Linked Below).  There is nothing wrong with this article.  It very succinctly and pleasantly explains how certain law firms are using social networking and the Web to find clients for high-value plaintiff cases.  And I don't disagree with that approach.  As an attorney posting on a blog, I too hope to use social networking to get business, and would be...Read More »

Mexico Passes New Data Protection and Privacy Law

Tuesday, June 8, 2010 by Chris Stephen
Your friendly neighborhood technology counsel here:  So, Mexico recently passed a new data protection law.  On April 27, 2010, Mexico passed the Federal Law for the Protection of Personal data, which is likely to be signed into law by the President in the near future.  This law not only allows for a mind-boggling $1.5 million penalty for violation, but it also applies to the private sector. Private and public entities will need to protect themselves from privacy litigation. 

This law is much akin...Read More »

Privacy Law and Privacy Litigation - Part 1: Introduction

Tuesday, April 20, 2010 by Chris Stephen
Your friendly neighborhood technology lawyer here:  Clients and colleagues often ask me to explain what I mean when I say "technology litigation".  And, to be frank, that term is really composed of several different subsets of the law.  One such subset is privacy law.  Over the next several blog posts, I will provide a general overview of privacy law and privacy litigation to arm you, my humble reader, with the knowledge to assist your company (as well impress your friends at parties). 

The... Read More »

Are tablet pc's the future for litigation

Friday, April 9, 2010 by Chris Stephen
 Your friendly neighborhood technology lawyer here:  As you know, I'm a bit of a technophile and I've been watching the iPad craze with interest.  There are other similar products that will be inundating the market in the near future (HP Slate and the one that I'm watching with anticipation, Notion Ink's Adam).  As I watch, I've come to the conclusion that tablet computers are the future of litigation, whether you're talking privacy litigation, SaaS litigation, personal injury litigation, or...Read More »

The other cloud hanging over L.A. - developments in cloud computing law

Monday, December 14, 2009 by Chris Stephen
Google announced in its blog today that Los Angeles has officially switched to using Google Apps for e-mail and collaboration.  34,000 city employees will now be using the Google cloud to do their work and, more importantly, their communication.  This is a substantial development in cloud computing law.  This will highlight the pros and cons of cloud computing for the future,and is likely to shape the success of other municipalities going the same way.  Data issues and privacy litigation...Read More »

The upside to cooperation in ESI data mining

Tuesday, December 8, 2009 by Chris Stephen
A colleague of mine brought to my attention two recent federal cases in which the courts elected to deny motions to compel electronically stored information (ESI).  In Kay Beer Distributing v. Energy Brands, Inc.,the Eastern District of Wisconsin determined that, among other things, Kay's request for every e-mail with their name in it was too broad.  The court also considered in its determination  the fact that Energy Brand's counsel had offered to work with Kay to do more directed keyword...Read More »

SaaS Law - Case Addressing Personally Identifiable Information

Wednesday, August 12, 2009 by David Castor
SaaS Law - Privacy LawsFor anyone involved in blogging or interested in information technology law or Internet privacy law, there is a strange case with some important lessons which was handed down by the District Court Western District of Kentucky last week.  The case is Yoder v. University of Louisville, 2009 WL 2406235 (W.D. Ky. Aug. 3, 2009).

The opinion is summarized well by Eric Goldman on the Technology & Marketing Blog.

Nina Yoder was a University of Louisville nursing student. She posted a blog post to MySpace...
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Beginning the story of an Indianapolis Technology Laywer

Thursday, June 11, 2009 by Chris Stephen

For my first foray into the world of blogging, I think the important first step is to answer the standard journalism questions necessary for any good story, namely, the who, what, when, where, and why.  Sorry for the length. I promise that future blogs will be shorter.  Without further adieu, here we go . . . .

 

Who:  This one is easy because I know a lot about me.  My name is Chris Stephen and I consider myself first and foremost a litigator.  Some people in my field like to classify themselves...

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