LexisNexis® Legal Newsroom
Red State-Blue State Divide on Abortion Widening

BIRD'S EYE VIEW: Public opinion toward abortion has remained fairly steady nationwide over the past 20 years, but attitudes on the issue have shifted considerably in some regions of the country, according to a study by the Pew Research Center. In the mid-1990s 55 percent of those living in the Midwest...

Attack of the Killer Initiative? Opt-In Privacy Regime in the Pipeline for a California Ballot Initiative

Former California State Senator Steve Peace (director of the film Attack of the Killer Tomatoes ) and trial lawyer Michael Thorsnes have filed a potentially revolutionary draft ballot initiative with the California Attorney General’s Office. If approved by voters, it would amend the California...

The Right Of Publicity In College Sports

The sports-media industry has recently experienced a proliferation of litigation involving right-of-publicity claims asserted by student-athletes for the unauthorized use of their names, images and likenesses. The most highly publicized cases have been brought by former college athletes concerning sports...

California Law Provides Minors With “Internet Eraser”

On September 23, 2013, California Governor Jerry Brown signed into law Senate Bill 568 , [ version available to lexis.com subscribers ], which expands the privacy rights of minors by requiring Web site and mobile application owners to permit minors to remove their postings. The new law also imposes stronger...

FAA Seeks To Penalize Model Airplane (aka "Drone") Pilot

In what appears to be a case of first impression, a drone operator that had been hired to take aerial photographs for an advertising agency was assessed a civil penalty of $10,000 for operating an "Unmanned Aircraft System" ("UAS") in a careless or reckless manner in violation of...

Reminder: Telephone Consumer Protection Act Rules Change October 16, 2013

Effective October 16, 2013 anyone who uses an automatic telephone dialing system or leaves an artificial or prerecorded voice message to market products and services must demonstrate they have “prior express written consent” to call using those technologies. Any authority to call “an...

California Enacts New Website Disclosure Requirements

By The Ballard Spahr LLP Consumer Financial Services Group A new California law taking effect on January 1, 2014, will require any operator of a website or online service that collects personally identifiable information on state residents to include new do-not-track disclosures in its privacy...

privacy policy

California to Require Website and Online Service Operators to Disclose Treatment of Do Not Track Requests

On September 27, 2013 California A.B. 370 [ enhanced version available to lexis.com subscribers ], was signed into law. It became effective January 1, 2014. This law amends California's online privacy policy law [ enhanced version available to lexis.com subscribers ], to require that websites and...

Contractors Beware: Email Is Not Private

Authored by attorney Patrick Genzler Electronic mail has become the de facto principal means of communication for most businesses today. And, in most businesses, email is widely used by many employees to perform company business. However, the ease with which we can communicate and transmit documents...

President Obama Announces Surveillance Reforms: Key Points For Businesses

By Aravind Swaminathan , Jim Halpert , and Michelle J. Anderson In a speech that garnered worldwide attention, President Barack Obama has announced important reforms in the ways the US government will gather, store, use and retain signals-related information. These changes will quickly affect many...

Voluntarily Providing Cell Phone Number Gives Text Message Consent under TCPA, California and Florida Federal Courts Rule

A consumer who voluntarily provides a cell phone number in the course of a transaction has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages from the entity to which the number was given, federal courts in California and Florida recently...

Providing Cell Phone Number To Register Membership Gives TCPA Consent for Text Message

A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing instructions for activating such membership, a Washington federal court...

The People's Business Cannot Be Redacted: The Wisconsin Court of Appeals Directs a State Legislator to Release Withheld Email Information

In a potentially far-reaching decision, the Wisconsin Court of Appeals on April 9, 2014, put individuals, corporations, and others on notice that when they email a public official, their identities and email addresses are likely to be discoverable upon request. The case, The John K. MacIver Institute...

Privacy Concerns Escalate as Drones Are About to Take-Off

The widely-anticipated commercial deployment of drones piques the interest of critical infrastructure industries, the agricultural sector, and technology companies such as Amazon . Consistent with this commercial interest and its Congressional mandate , the FAA is developing proposed regulations for...

California Attorney General Releases Privacy Policy Guidance for 'Do Not Track' Disclosures

California Attorney General Kamala Harris recently released guidance, Making Your Privacy Practice Public , to help companies comply with the California Online Privacy Protection Act's (CalOPPA) "Do Not Track" (DNT) disclosure requirements which took effect on January 1, 2014 . CalOPPA...

Landmark Privacy Ruling in Europe on the Right To Be Forgotten

By Patrick Van Eecke , Anthony Cornette, and Jim Halpert In a landmark ruling in May, the European Court of Justice ruled that search engines need to remove the link between search results and a web page if it contains information an individual deems should be “forgotten.” The facts...

New Student Data Privacy Laws: Top Points For School Contractors And K-12 Education Sites, Apps And Online Services

By Michelle J. Anderson and Jim Halpert , Attorneys, DLA Piper According to the Data Quality Campaign , 36 states considered 110 student data privacy bills last year, and 20 states enacted 28 such bills into law. At least eight of these new laws may have significant implications for businesses...

New Decision from West Virginia Supreme Court on Academic Freedom versus Freedom of Information Laws

The federal Freedom of Information Act (“FOIA”) and state open record law equivalents are designed to promote government transparency by allowing citizens to request copies of administrative records. Increasingly, they are also used to obtain otherwise private documents from government or...