cybersecurityInformation Technology

Court Order Compelling Apple’s Assistance Under The All Writs Act

On February 16, 2016, a magistrate judge in the Central District of California issued an order, under the All Writs Act, compelling Apple to assist the FBI in searching an iPhone 5C that belonged to Syed Rizwan Farook. Farook was one of the terrorists participating in the December 2, 2015 mass shooting at the Inland…

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cybersecurityInformation Technology

FTC– LabMD, Wyndham, And Regulating Cybersecurity Under The “Unfairness” Prong

The FTC brought an administrative action against LabMD, a Georgia based medical testing lab, because of a security incident occurring within the company. A decision by the administrative law judge came out recently essentially saying the FTC failed to carry their burden in proving actual or likely substantial harm to consumers.1) The dismissal is, of…

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News

Safe Harbor Trucker’s Limitation Of Liability Under The Carmack Amendment

Motor Carriers, that is interstate trucking companies, are granted the valuable right to define their relationship with shippers through a tariff, which is essentially a document setting out the rates, rules, and classifications pertaining to a shipment of goods. At one time truckers were required to file these tariffs with the Interstate Commerce Commission (I.C.C.),…

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Information TechnologyNews

Obtaining Facebook Data In The Defense Of A Personal Injury Action

Social media discovery has long been used in family and criminal litigation, and it can be more widely utilized in casualty litigation as well. Indeed, it is not uncommon to come across a timely post from the plaintiff describing how an accident occurred or a date-stamped admission of being “pain free.” Moreover, plaintiff’s job search,…

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