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Legal Tug-Of-War: Protecting Privilege in Privacy Breach Disputes

IPilogue

This article was originally published on the OBA’s Information Technology and Intellectual Property Law Section’s articles page. Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations— and for good reason.

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NDA: An Effective Way to Protect Confidential Information

LexBlog IP

A settlement agreement was reached where Elation could inspect the software developed by Shi and prevent the use of any trade secrets or confidential information. Elation is an important decision for California companies suing to recover and prevent the use of confidential information in violation of confidentiality agreements or NDAs.

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State Farm & Verisk: Profiting Off Your Privacy

LexBlog IP

The complaint, filed on January 20, 2023, alleges that State Farm illegally submitted personal and confidential information about Plaintiffs’ insurance claims, including medical treatment information, to Verisk / ISO for inclusion in an immense database it maintains. Privacy is the control over knowledge about oneself.

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Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order

LexBlog IP

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. Affirmative proof likely requires disclosing sensitive business information, research and development, or corporate strategy. After all, both parties likely want their sensitive documents protected from disclosure.

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Precedential No. 25: TTAB Rejects Proposed Modification of Standard Protective Order, Refuses to Apply EU Privacy Regulation

The TTABlog

As to the GDPR, the Board found that the SPO adequately protected any personal information that Intercontinental Exchange (ICE) sought to redact from its discovery responses. In any case, CME did not provide any evidence regarding the first element of the test: the need for its in-house counsel to have the information.

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Kerala High Court on Publishing Judgments and Right to be Forgotten: Some Points to Ponder Upon

SpicyIP

And Other Connected Cases while deciding on a litany of 9 litigations. Among other issues, the Court dealt with the question of, whether “ Publishers of judgments, like Indian Kanoon, and other law journals, have no right to publish the details of parties ignoring the privacy rights of litigants which includes their right to be forgotten.”

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Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Technology & Marketing Law Blog

Recently, the Senate Judiciary Committee heard the bill for informational purposes. In an attempt to address this concern, Minnesota offers some protection by maintaining the confidentiality of information subject to attorney-client privilege. Default Privacy Settings. Enforcement is limited to the MN AG.

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