Privacy

April 16, 2026

Where Oh Where Did My Data Go?  A Data Broker?

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

Does an Exception to State’s “Sunshine Law” Bar Civil Discovery in Court?

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 […]
July 18, 2025

Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

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

“It Ends With Us”

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

Is a Web Bug a Wiretap?

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 […]
August 15, 2024

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

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

Maryland’s Proposed Data Privacy Act – Part of a Trend?

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

Revocation of Consent to Search Mirror Image of Laptop

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

“Juror’s Cellphone Not Subject to Search”

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 […]