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20 Nov 2022, 9:55 am by David Kopel
"[C]ourts should not 'uphold every modern law that remotely resembles a historical analogue,' because doing so 'risk[s] endorsing outliers that our ancestors would never have accepted.'" Id. [read post]
A data retention clause should, at minimum, (a) limit access to data on a need-to-know basis (including by promptly revoking access during employee offboarding); (b) limit use of data to only what is necessary to fulfill the vendor’s obligations; (c) secure the return or deletion of records (including emails) at termination or on request (with an obligation to certify such destruction); and (d) address the preservation of evidence in event of a cybersecurity incident… [read post]
5 Oct 2022, 8:59 am by INFORRM
Paragraphs 7(4)(c)-(d) of Schedule 6 of the Bill would replace ‘in individual cases’ with ‘in particular circumstances’ for these two derogations. [read post]
14 Sep 2022, 7:45 am by Eugene Volokh
There is still plenty of time for editing, so we'd love to hear any recommendations you folks might have; in the meantime, you can read the entire PDF of the latest draft (though with some formatting glitches stemming from the editing process) here.] [read post]
12 Aug 2022, 4:24 am by Ashley Morgan
Amniotic Fluid / Amniotic Membrane Tissue Audits, Investigations and Prosecutions are Continuing to Climb in 2022 (August 4, 2022): Over the past year, we have seen a significant increase in the number of Medicare administrative audits, False Claims Act investigations and criminal prosecutions by the Department of Justice (DOJ), related to the billing of allogeneic (harvested from someone else) stem cell products. [read post]
12 Jul 2022, 1:00 am by David Kessler (US) and Susan Ross (US)
The asset inventory as well as applicable configuration and change management systems shall, at a minimum, collectively identify: (a) the name of the asset; (b) the version of the asset; (c) the owner of the asset; (d) the asset’s location within the Network; (e) the asset’s criticality rating; (f) whether the asset collects, processes, or stores Personal Information; and (g) each security update and security patch applied or installed during the preceding period. [read post]
24 Jun 2022, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable on Law, Literature, and Other Performing Arts, convened as part of LevinsonFest 2022. [read post]
8 May 2022, 2:35 pm by Russell Knight
” 750 ILCS 60/214(c)(4) “The standard of proof in such a proceeding is proof by a preponderance of the evidence” 750 ILCS 60/205(a) When the “standard of proof is only a preponderance of the evidence, [a Petitioner] must prove that it is more probably true than not true that [Respondent] was guilty of such acts of [abuse]. [read post]
27 Apr 2022, 11:21 am by Roger Parloff
If you haven’t already I’d encourage you again to contact counsel for the committee to discuss it further. [read post]
23 Mar 2022, 3:05 am by Nicholas Shepherd and Dan Cooper
Deep Dive into Dark Patterns in the Social Media User Lifecycle The EDPB provides a deep-dive analysis of dark patterns across the five stages of a social media user’s account lifecycle, dividing each section into (a) a description of the relevant context; (b) a summary of the relevant legal provisions; (c) an examination of specific dark patterns (whether content-based or interface-based), with multiple examples for each; and (d) a list of best practices to help avoid dark… [read post]
11 Mar 2022, 11:38 am by Jamison Koehler
Here is the information you will need to log in by Webex video or phone to D.C. [read post]
If the archivist does not agree, Subsection 2203(d) requires the president to provide a disposal schedule to “the appropriate Congressional Committees” 60 days in advance of destroying the records. [read post]