Intellectual property law
fromBloomberglaw
2 days agoOnline Wiretap Claims to Get Fresh Eye in 1st Cir. Privacy Clash
The First Circuit will clarify the Wiretap Act's applicability to online privacy claims against healthcare and financial sectors.
Effective discovery requires more than compliance - it requires strategy. Litigators can balance expansive discovery rights and privacy concerns without slowing cases down through practical, results-focused approaches that consider proportionality, electronically stored information management, and the specific discovery rules applicable to their jurisdiction.
"What's most problematic is that the extraordinary has become ordinary. It's just a matter of course now that when you issue an opinion that some people don't like, you're going to get threats, you're going to get death threats, and that is obviously problematic on many levels."
A mountain of evidence suggests that the Government served these subpoenas on the Board to pressure its Chair into voting for lower interest rates or resigning. The judge added that the government provided essentially zero evidence to suspect Chair Powell of a crime. He accused the government of presenting thin and unsubstantiated allegations against Powell.
It is outrageous and deeply alarming that the previous FBI leadership secretly subpoenaed my own phone records - along with those of now-White House Chief of Staff Susie Wiles - using flimsy pretexts and burying the entire process in prohibited case files designed to evade all oversight.
As you know, Section 215 authorities are not interpreted in the same way that grand jury subpoena authorities are, and we are concerned that when Justice Department officials suggest that the two authorities are 'analogous' they provide the public with a false understanding of how surveillance is interpreted in practice.
In 1996, the Supreme Court decided Whren v. United States, which came about when plainclothes vice officers patrolling in the District of Columbia passed a truck in a "high drug" area and "their suspicions were aroused." They had a hunch that the truck was involved in a drug operation. They chose to wait until it had violated a traffic ordinance (turning without a signal) and then used that violation as an excuse to stop the truck. In the course of searching the truck, they found crack cocaine.