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Publications
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03.13.2023Northern District of Illinois Clarifies Standards for Tower DumpsBlogsThe U.S. District Court for the Northern District of Illinois recently found that in order for cell tower warrants to be supported by probable cause and satisfy Fourth Amendment concerns, they must include protocols limiting the government’s collection of information from individuals not involved in the underlying criminal activity.
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05.07.2018Offer Wi-Fi or Internet Service to Customers? These Are Your New Legal ObligationsUpdatesIt would be unusual these days to find a hotel, coffee shop, cruise line or airline that doesn’t offer some form of internet access to its customers. It’s unlikely, however, that those businesses have had occasion to give much thought to the Stored Communications Act.
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06.29.2017Drones: What Legal Issues Should You Be Thinking About?ArticlesUnmanned aerial vehicles (UAVs), commonly known as drones, have the potential to reshape commerce in ways that have not been seen since the early days of the Internet. Unsurprisingly, this potential is likely to draw interest from companies that have little to no experience with aviation or drones into the market by manufacturing drones, their components, or the software that they use.
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10.04.2017
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05.23.2016New Privacy Best Practices for Drone Use Adopted by Industry, Consumer and Media OrganizationsUpdatesConsensus was reached in a proceeding of the NTIA of the U.S. Department of Commerce on a set of privacy best practices for the commercial and recreational use of unmanned aerial systems (UAS), more commonly referred to as “drones.”
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02.17.2015FAA Proposes Rules for Commercial UAVs; White House Launches UAV Privacy InitiativeUpdatesOn February 15, 2015, the FAA issued its long-awaited notice of proposed rulemaking on small unmanned aerial vehicles (UAVs). Currently, federal law prohibits commercial use of UAVs without advance approval, typically through the so-called Section 333 approval process.
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02.04.2013Are You Recording Your Customers’ Calls? Better ListenUpdatesFederal law and most states only require one party to a phone call to consent to recording it, which means the person recording the call doesn’t need anyone else’s permission; however, a minority of states, including California, require all parties to a call to provide consent. While you might think you are safe if you do the recording in a one-party consent state, like Georgia, California’s highest court has made clear that California law will apply no matter where you are located if you do business in California and record a call with a California client. Kearney v. Salomon Smith Barney, Inc., 39 Cal. 4th 95 (2006).
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01.28.2013New HIPAA Omnibus Rule Implementing Provisions of the HITECH Act: An Overview of ChangesUpdatesFinal implementing regulations for many provisions of the HITECH Act (Health Insurance Technology for Economic and Clinical Health Act) were issued by the Department of Health and Human Services recently, and will appear in the Federal Register on January 25, 2013. Informally referred to as the Omnibus Rule, the regulations address a number of changes to the HIPAA Privacy Rule, HIPAA Security Rule, HIPAA breach notification rule, HIPAA privacy and security enforcement provisions, Business Associate definition and agreement requirements, and the interaction between HIPAA and the Genetic Information Nondiscrimination Act.
Presentations
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10.24.2018Introduction to ECPA
Partner John Roche provides an introduction to legal process issued under the Electronic Communications Privacy Act (ECPA), including a broad overview of the appropriate approach to requests for user data and content from governmental entities, as well as civil and criminal litigants.
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01.24.2017NTIA: Best Practices for Privacy, Accountability and Transparency Issues Concerning UASSpeaking EngagementsDrone Law, The Seminar Group / San Francisco, CA
