On October 23, 2015, the United States District Court for the District of Minnesota, in large part, upheld Target’s assertion of the attorney-client privilege and work-product protections for information associated with a privileged, internal investigation of Target’s 2013 data breach.
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On September 11, 2015, the Federal Communications Commission (“FCC”) announced that Lyft Inc. (“Lyft”) and First National Bank Corporation (“FNB”) violated the Telephone Consumer Protection Act (“TCPA”) by forcing their users to consent to receive automated text messages as a condition of using their services. The FCC warned that these violations could result in fines if they continue.

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On December 15, 2014, Microsoft reported the filing of 10 amicus briefs in the 2nd Circuit Court of Appeals signed by leading technology and media companies, computer scientists and trade associations and advocacy organizations, in support of Microsoft’s litigation to resist a U.S. Government’s search warrant purporting to compel the production of Microsoft customer emails that are stored in Ireland.
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As reported in the Hunton Employment and Labor Perspectives Blog, in Purple Communications, Inc., a divided National Labor Relations Board held that employees have the right to use their employers’ email systems for statutorily protected communications, including self-organization and other terms and conditions of employment, during non-working time.
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On May 1, 2014, the White House released a report examining how big data is affecting government, society and commerce. In addition to questioning longstanding tenets of privacy legislation, such as notice and consent requirements, the report recommends (1) passing national data breach legislation, (2) revising the Electronic Communications Privacy Act, and (3) advancing the Consumer Privacy Bill of Rights.
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