An earlier post reported on the New York application of the “discharge-for-value rule” with respect to a payment made in error to the creditors of Revlon by Citibank the loan administrator. In that case, In Re Citibank August 11, 2020 Wire Transfers, the District Court for the Southern District of New York applied the rule as set forth in Banque...
In Aaron M. Ogletree v. Cleveland State University, the US District Court for the Northern District of Ohio granted summary judgment in favor of plaintiff finding that the university’s online testing procedures violated Mr. Ogletree’s rights under the Fourth Amendment. At issue was a camera scan of the bedroom of his residence in which Mr. Ogletree was testing and which...
In 2020, the European Court of Justice (ECJ) annulled Privacy Shield, the EU-U.S. data flows pact. That decision, however, did not invalidate the privacy standard contractual clauses (SCCs). In an earlier post the issue of if the SCCs would survive the ECJ’s Privacy Shield decision was raised: https://spelusolawoffice.com/2020/09/11/will-the-eus-standard-contract-clauses-survive-the-invalidation-of-privacy-shield-with-respect-data-transfers-between-the-eu-and-us/. The news website Politico recently reported that the Irish Data Protection Commission circulated a draft...
In Van Buren v. United States, decided on June 3, 2021, the US Supreme Court clarified the reach of the Computer Fraud and Abuse Act (CFAA). (18 U.S.C. § 1030 et seq.) The case involved a police sergeant who, in return for a bribe, used his patrol-car computer to access a law enforcement database to retrieve information about a license plate...
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