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Supreme Court Backs Away from Deciding Scope of Attorney-Client Privilege

The Supreme Court has declined, for now, to decide when attorney-client privilege will apply to communications viewed by courts as made for both legal and other purposes.  In October 2022, the Court granted certiorari in In...more

Forensic Analysis and Privilege in the Wake of a Data Breach

In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more

California Privacy Rights Act: The Five Biggest Changes You Need to Know Now

Last November, California voters approved Proposition 24, enacting the California Privacy Rights Act (“CPRA”). The CPRA amends the California Consumer Privacy Act (“CCPA”), which was already the most sweeping consumer data...more

Countdown to the California Consumer Protection Act: Charting a Course to CCPA-Readiness

The California Consumer Privacy Act (“CCPA”) becomes operative on January 1, 2020. See Cal Civ. Code § 1798.100 et al. To date, the CCPA is the most sweeping consumer privacy law in the United States, covering most for-profit...more

D.C. Circuit Breathes New Life into OPM Data Breach Litigation

The U.S. Office of Personnel Management (“OPM”) made headlines when several hacks of confidential data came to light in 2015, intrusions that compromised the personal data of over 20 million individuals. On July 21, 2019, in...more

A Shield From Cyber Liability: Integrating SAFETY Act Protections Into Institutional Cyber Governance

An obscure federal law called the SAFETY Act recently captured national headlines when MGM Resorts International invoked it in a series of pre-emptive, declaratory judgment law suits against the victims of the 2017 Route 91...more

In Search of Immunity: MGM Fights to Define SAFETY Act Protection

Memories of the massacre of dozens of concertgoers at a Las Vegas music festival last year are unlikely to fade soon. In the deadliest shooting in U.S. history, Stephen Paddock killed 58 people and wounded hundreds from his...more

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