Privacy

A Schilling for your thoughts?

By Legal Week | May 25, 2011

The press is running riot with stories about Schillings and its 'reputation management' skills after the injunction fiasco and the cunning plan to 'sue Twitter'. The Guardian reports 'Injunction publicity backfires on celebrity law firm', while predictably, The Daily Mail put the boot in rather more brutally in 'The Injunction King, a cabal of grasping lawyers and a £2000 assault on free speech'.

1 minute read

Hemming does his worst - the day one MP took the law into his own hands

By Legal Week | May 24, 2011

As I think readers will surely know by now, John Hemming MP used Parliamentary privilege yesterday (23 May) to name the footballer whose anonymity is protected in this privacy case by an injunction, which the High Court decided earlier today to maintain in force. Since then, first Sky News and now the BBC have named the footballer on air. They're clearly making a judgement that although the law is unclear on whether it's legally safe to report what's said in Parliament that flouts a court order, the risk of any successful legal action against them for contempt of court is so low that it's well worth taking the residual legal risk.

1 minute read

Cameron wades into privacy debate as MP uses Parliament to out injunction footballer

By Suzi Ring | May 23, 2011

Privacy law has continued to dominate the headlines, with Prime Minister David Cameron wading into the debate about the sustainability of privacy injunctions as an MP on Monday (23 May) used Parliamentary privilege to name the footballer at the centre of the row. Speaking on ITV's Daybreak programme on Monday morning (23 May) Cameron called for privacy laws to be reviewed. He described current laws affecting newspapers as "unsustainable" and said Parliament was "going to have to take some time out to really have a think about this".

1 minute read

Turns out there weren't that many superinjunctions after all

By Legal Week | May 20, 2011

Lord Neuberger has published his long-awaited report on superinjunctions. His committee was set up in April 2010 in order to "examine the issues around the use of injunctions which bind the press and so-called 'super-injunctions'". In summary, the report emphasises the principles of open justice and the right to freedom of speech, and that courts should "ensure that any derogation from open justice is the minimum necessary to secure the proper administration of justice". It recommends that Civil Procedure Rule 39.2 (concerning public hearings) should be amended to make reference to the strict necessity test.

1 minute read

Neuberger: media to gain notice on injunctions but status quo is working

By Suzi Ring | May 20, 2011

The committee charged with reviewing the use of superinjunctions has called for the media to have advance notice of privacy orders and for the Government to monitor the use of injunctions. Pulling back from recommending major changes in its 100-page report, the committee chaired by the Master of the Rolls Lord Neuberger today (20 May) argued that the current regime for granting injunctions is working effectively.

1 minute read

Will the Hackgate scandal finally usher in exemplary damages?

By Alex Novarese | May 18, 2011

It is a mark of the media frenzy over privacy injunctions that the topic has continued to hog the headlines even while a related issue of arguably far more significance has played out: the dramatic escalation of the phone-hacking scandal. True, the issue has dogged News International for years but it was only last month that the company issued an apology and moved to compensate victims – a measure that came a week after two senior News of the World (NoW) journalists were arrested on suspicion of unlawfully intercepting voicemail messages.

1 minute read

For the record - the rise of injunctions

By Legal Week | May 18, 2011

In Legal Week's recent interview with Keith Schilling in the article Private Versus Public Keith has, I'm afraid, got away with a couple of distortions about privacy actions. He comments: "Parliament has legislated in favour of privacy" and that as regards injunctions it is "not secret justice between the claimant and the court". He says that "the media are also involved; generally it is tripartite, which is the whole point of an injunction, as the media need to know the terms of the injunction to be bound by it".

1 minute read

The Big Brother star, the footballer, privacy law and the judiciary

By Legal Week | May 17, 2011

In the increasingly heated debate about the state of English privacy law, the courts have frequently been accused of seeking to introduce a privacy law 'by the back door'. The decision in CTB v News Group Newspapers [2011] contains a robust judicial response to that criticism. In his judgment, Mr Justice Eady - the judge who has so far borne the brunt of the media's ire - tackles head on the suggestion that the judges are overriding the democratic process by unilaterally creating a new privacy law. The judgment also touches on another important and controversial issue, namely the circumstances in which an injunction should be refused or restricted on the basis that the private material has already entered the public domain.

1 minute read

Libel reform – a hack's proposal

By Alex Novarese | May 13, 2011

What better way to relax after a hard week's sweating over an extended focus on libel and privacy law than listening to The Guardian's editor give a lecture on libel reform? A minor streak of obsession with the topic had set in by the time I sat down in the lecture theatre at City University on Tuesday to hear from Alan Rusbridger. As you'd expect, he put the position for libel reform, freedom of speech and concern over privacy law somewhat better than most of the self-serving fluff the media has served up in recent weeks.

1 minute read

In depth: Defamation and privacy

By Legal Week | May 13, 2011

Already facing smaller payouts and a drop in claims, libel work has faded from its 1980s glory days. Will reform of defamation and civil costs - and the rise of reputation managers - spell the end for traditional libel lawyers?

1 minute read

National Law Journal

US Lawyers Hope for Longer-Term Solution in Wake of Transatlantic Privacy Deal

By Brad Kutner | July 17, 2023

"This bilateral agreement worked well during the 2000s and 2010s, but this is a global world now," Baker McKenzie partner Brian Hengesbaugh said.

6 minute read

The Recorder

At the 'Epicenter' of Privacy Law, Baker McKenzie Grows Los Angeles Office With DLA Piper Partner

By Jessie Yount | July 17, 2023

Justine Phillips joined the firm's growing Los Angeles office, as it continues to invest in its cybersecurity and privacy team.

4 minute read

Legaltech News

Will Giving Federal Jury BIPA Reins Mean Larger Damages, More Litigation?

By Isha Marathe | July 13, 2023

An Illinois federal court has allowed a jury discretion to decide damages in a BIPA case for the first time. For attorneys, this further complicates the contentious statute.

5 minute read

Legaltech News

Is the Third Try the Charm? EU Officials Say This Time the New Data Deal Is Legally Sound; Privacy Advocates Disagree

By Linda A. Thompson | July 12, 2023

Privacy activist Max Schrems says the new framework fails to protect EU citizens and does not address all of the concerns previously raised by the European Court of Justice. Once again, he says he will challenge the new agreement in Europe's highest court.

6 minute read

Corporate Counsel

Is the Third Try the Charm? EU Officials Say This Time the New Data Deal Is Legally Sound; Privacy Advocates Disagree

By Linda A. Thompson | July 12, 2023

Privacy activist Max Schrems says the new framework fails to protect EU citizens and does not address all of the concerns previously raised by the European Court of Justice. Once again, he says he will challenge the new agreement in Europe's highest court.

6 minute read

Law.com

EU Officials Claim 3rd Pass at New Data Deal Is Legally Sound, but Privacy Advocates Disagree

By Linda A. Thompson | July 12, 2023

Privacy activist Max Schrems says the new framework fails to protect EU citizens and does not address all of the concerns previously raised by the European Court of Justice. Once again, he says he will challenge the new agreement in Europe's highest court.

6 minute read

Legaltech News

Threading the Needle: 10 Things Legal Needs to Know About Threads

By Cat Casey, Reveal-Brainspace | July 11, 2023

For legal professionals, the rise of the new app Threads opens new avenues for engagement, networking, and information sharing, while also raising questions about privacy, data security, and the impact on legal professionals' online presence.

10 minute read

Corporate Counsel

Hackers Can Steal Encryption Keys From a Distance Using Video

By Dr. Michael Klipstein | July 6, 2023

On June 13, security researchers disclosed their findings that encryption keys for wireless devices are vulnerable to theft. This research found that cameras in cellular phones or commercial surveillance systems can be used to record power light emitting diodes (LEDs) from up to 60 feet away from a device, thus capturing encryption keys.

3 minute read

Corporate Counsel

As Privacy Laws Proliferate, So Does Mismatch Between Companies' Notices, Practices

By Cassandre Coyer | July 6, 2023

"It takes a mature organization to have processes that require a product developer or a marketer to always check in with their privacy team before they move ahead," said Lynn Parker Dupree, partner at Finnegan.

4 minute read

Corporate Counsel

Job-Hopping Biotech Lawyers Losing Leverage as Funding Challenges Chill Sector

By Maria Dinzeo | July 3, 2023

"Companies are not hiring at the same pace, for sure, and searches are taking longer to close, as companies are being a lot more introspective on who to hire," said Deb Thompson, a Major, Lindsey & Africa partner.

4 minute read