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In a decision that provides important guidelines on the competence of, and co-operation between, national data protection authorities (DPAs), the ECJ has clarified how data protection law applies in cross-border situations within the EU (Weltimmo sro v Nemzeti Adatvédelmi és Információszabadság Hatóság C-230/14). [read post]
29 Oct 2015, 6:56 am by Latham & Watkins LLP
The guidance follows the decision of the European Court of Justice (the ECJ) in Case C-362/14 – Maximillian Schrems v Data Protection Commissioner that Decision 2000/520 of the European Commission, which stated that Safe Harbor-certified US companies provide adequate protection for personal data transferred to them from the EU (the Safe Harbor Adequacy Decision), is invalid. [read post]
27 Oct 2015, 6:01 am
The Superintendent's interpretation is entitled to deference, since it is neither irrational nor unreasonable, nor counter to the clear wording of a statutory provision (see LMK Psychological Servs., P.C. v State Farm Mut. [read post]
21 Oct 2015, 1:06 pm
  The compensation amount under Section 1.61 21(f)(5)(iii) remains unchanged at $215,000.The Code provides that the $1,000,000,000 threshold used to determine whether a multiemployer plan is a systematically important plan under section 432(e)(9)(H)(v)(III)(aa) is adjusted using the cost-of-living adjustment provided under Section 432(e)(9)(H)(v)(III)(bb). [read post]
19 Oct 2015, 4:00 am
`[R]emoval statutes are construed narrowly; where plaintiff and defendant clash about jurisdiction, uncertainties are resolved in favor of remand. [read post]
18 Oct 2015, 9:01 pm by Neil Cahn
Going farther than simply holding that the lower court temporary support award was inadequate, the Appellate Division, Second Department, in its September, 2015, decision in Kaufman v. [read post]
18 Oct 2015, 4:39 pm by Steven Cohen
 The defendant’s human factors expert witness, Rudolph G. [read post]
16 Oct 2015, 4:00 am by Barry Sookman
No change in US law, no data transfer deals – German state DPA http://t.co/3qDHA434OF -> Blackburn, music creators push copyright issues http://t.co/nqugGZ52Q9 -> CJEU in Weltimmo confirms wide prescriptive but finds limited executive jurisdiction in EU data protection http://t.co/YGcKXFssEK -> Intermediary Liability and User Content under Europe’s New Data Protection Law: An FAQ https://t.co/qo5Fbgvb19 -> Productivity Commission in Australia releases roadmap for IP… [read post]
15 Oct 2015, 6:12 am by Barry Sookman
The judgment of the Court in Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság, Case C‑230/14, October 1, 2015 has significant repercussions for EU and non-EU businesses that operate websites that target residents of a Member State and potentially for the territorial reach of the “right to be forgotten”. [read post]
14 Oct 2015, 7:27 am by Steven Cohen
Here are some recent challenges to expert witness testimony in federal and state courts: Danielides v. [read post]