News

Supreme Court Shows Apparent Interest in Reviewing “Hydrologic Connection” Theory of Clean Water Act Liability

By EsqSocial Corporation 07/01/19

The US Supreme Court may be poised to review two 2018 decisions in the Fourth and Ninth Circuits, both of which applied the so-called ‘hydrological connection” theory to extend jurisdiction of the Clean Water Act (“CWA”) to cover pollutants that...

City Attorney of Los Angeles Sues Popular Weather App Claiming Deceptive Collection and Sharing of Geolocation Data

By EsqSocial Corporation 07/01/19

Yesterday January 3, 2019, Los Angeles City Attorney Mike Feuer filed an unfair competition lawsuit on behalf of the People of the State of California against the operator of the popular Weather Channel app (“TWC app”) for allegedly failing to...

HIPAA and Health Care Data Privacy - 2018 Year-in-Review

By EsqSocial Corporation 07/01/19

Today, we’re looking back at HIPAA and other privacy and security developments in 2018. This past year saw continued HIPAA enforcement (including the largest ever fine for a HIPAA breach), reminders from the OCR on best practices for HIPAA...

What’s Up Doc with Medical Records in FCRA Cases?

By EsqSocial Corporation 07/01/19

Are medical records discoverable in FCRA cases? Like most legal questions, it depends. The Northern District of California recently grappled with this issue in the case of Prado v. Equifax Information Services LLC, No. 18-CV-02405-PJH (LB), 2019 WL...

New Year, New Data Security Requirement: South Carolina Adopts New Data Security Law

By EsqSocial Corporation 07/01/19

On January 1st, South Carolina became the first state to adopt the model insurance data security law requiring certain insurance licensees to investigate and report cybersecurity events in the state of South Carolina. The law also requires licensees...

Air Regulatory Efficiency and Streamlining Effort (EASE) Collaborative: Arkansas Department of Environmental Quality Announces January 22nd Public Meeting

By EsqSocial Corporation 07/01/19

The Arkansas Department of Environmental Quality (“ADEQ”) issued a news release announcing a public meeting to “kick-off” what is described as the: Air Regulatory Efficiency and Streamlining Effort Collaborative (“EASE”)...

2018 eDiscovery Case Law Year in Review, Part 1

By EsqSocial Corporation 07/01/19

It’s that time of year again! Time for our annual review of eDiscovery case law! This is our eighth(!) annual review of cases that we covered on the eDiscovery Daily blog over the past year. As always, we had a number of interesting cases related...

In-House Counsel Seminar Insights: Managing Internal Corporate Investigations While Preserving Privilege

By EsqSocial Corporation 07/01/19

At this year’s Ward and Smith In-House Counsel Seminar, two of the firm’s white collar defense attorneys walked the attendees through a role-playing exercise designed to help them understand key nuances and risks that corporate attorneys face when...

In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors

By EsqSocial Corporation 07/01/19

In Bridgwood v. A.J. Wood Construction, Inc., 105 N.E.3d 224 (Mass. 2018), the Supreme Court of Massachusetts determined that the statute of repose barred the plaintiff’s consumer protection claims commenced more than six years after the occurrence...

Spring Pygmy Sunfish/Endangered Species Act: Center for Biological Diversity/Tennessee Riverkeeper Enter into Settlement Agreement with Mazda Toyota Manufacturing, U.S.A.

By EsqSocial Corporation 07/01/19

The Center for Biological Diversity and Tennessee Riverkeeper (collectively “CBD”) entered into a Settlement and Release Agreement (“Agreement”) with Mazda Toyota Manufacturing, U.S.A. (“Mazda”) addressing potential Endangered Species Act (“ESA”)...

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