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October 30, 2026
Published by Michael Berman at October 30, 2026
Categories
The Washington Post published M. Scaturro, Your phone knows you’re at the doctor, and data brokers are profiting from it – The Washington Post (Oct. 28, 2026). The article describes how data brokers use cell phone data, writing: “Chris McQueen finished treatment for leukemia a year and a half ago, but the […]
April 16, 2026
Published by Michael Berman at April 16, 2026
Categories
In Roberson v. Acxiom LLC, 2026 WL 824055 (E.D. Va. Mar. 2026), Mr. Roberson and others unsuccessfully sued an alleged data broker, Acxiom, under two Virginia statutes. The court granted Acxiom’s motion to dismiss. As such the court assumed, and this blog assumes, all of the allegations in the Complaint to be […]
September 28, 2025
Published by Michael Berman at September 28, 2025
Categories
Singleton v. Mazhari, 2025 WL 2736530 (D. Md. Sep. 25, 2025), answered that question in the negative. Maryland’s “Public Information Act” (“MPIA”) is a State analog to the federal Freedom of Information Act (“FOIA”). Like FOIA, the MPIA provides a broad right to inspect public records, subject to enumerated exceptions. Singleton addressed […]
September 10, 2025
Published by Michael Berman at September 10, 2025
Categories
Much of the litigation over geofencing has been under the Fourth Amendment in criminal cases, and there has been a lot of it. See, e.g., Certiorari Petition to U.S. Supreme Court in 4th Circuit Geofence Decision – E-Discovery LLC (Aug. 5, 2025); Alvarez v. State, 2025 WL 2346165, at *4 (Tex. App. […]
July 18, 2025
Published by Michael Berman at July 18, 2025
Categories
A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero v. Stemilt AG Services, LLC, __ F. 4th__, 2025 WL 1902292 (9th Cir. Jul. 10, 2025). Columbia Legal Services (“Columbia”) is part of a network of attorneys that provide legal services to […]
April 8, 2025
Published by Michael Berman at April 8, 2025
Categories
In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake Lively. Contextually, the litigation has been described in popular media. B. Lang, Ruling […]
October 29, 2024
Published by Michael Berman at October 29, 2024
Categories
In Vita v. New England Baptist Hosp., __ Mass __, __ N.E.3d __, 2024 WL 4558621 (Mass. Oct. 24, 2024), the court held that the Massachusetts wiretap statute does not criminalize interception of web browsing and sale of the intercepted information to third parties. The plaintiff, Kathleen Vita, alleged that she accessed […]
September 26, 2024
Published by Michael Berman at September 26, 2024
Categories
With that headline, Jackson Walker reported that FTC reports surveillance by social media, streaming services (baltimoresun.com)(Sept. 19, 2024). According to the Baltimore Sun, “[r]eport authors called on Congress to pass federal privacy legislation to protect users.” I recently blogged about a similar issue in Data Collection by Cars With Connectivity (Sept. 17, […]
September 17, 2024
Published by Michael Berman at September 17, 2024
Categories
Doug Austin wrote an interesting blog, Police May be Coming for Your Tesla as a Potential Crime Witness (ediscoverytoday.com)(Sept. 4, 2024). Doug wrote that: “In Oakland and beyond, police called to crime scenes are increasingly looking for more than shell casings and fingerprints. They’re scanning for Teslas parked nearby, hoping their unique […]
August 15, 2024
Published by Michael Berman at August 15, 2024
Categories
In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating: “This case arises out of the 2020 U.S. election. Plaintiffs US Dominion Inc., Dominion Voting Systems Inc., and Dominion Voting Systems Corporation (‘Dominion’) […]
March 2, 2024
Published by Michael Berman at March 2, 2024
Categories
The Maryland Online Data Privacy Act of 2024 is currently pending before the General Assembly as HB0567, cross-filed as SB0541. Senate President Bill Ferguson said: “Maryland is a middle-temperament state. We learn from others, we’re often not the first but we aren’t the last, and so we like to learn from what’s […]
July 12, 2023
Published by Michael Berman at July 12, 2023
Categories
In State v. [Defendant], __ Md. __, 2023 WL 4393297, at *1 (July 7, 2023), the Supreme Court of Maryland held that a person who had consented to seizure of his laptop, as well as to creation of a mirror image, could withdraw consent to search it before the government examined the […]
April 12, 2023
Published by Michael Berman at April 12, 2023
Categories
Cell phones have led to thorny legal issues. For example, in Juror’s Cellphone Not Subject to Search (americanbar.org)(Feb. 21, 2023), Steven B. Chaneles, wrote that, in response to a post-verdict challenge: “A federal appeals court ruled that a trial judge has no authority to order a search of a juror’s cellphone….” The […]