Recent Publications - Amanda Griner


Can Government Officials Block the Public on Social Media?
October 16, 2023 | Privacy, Data & Cyber Law

The U.S. Supreme Court has granted certiorari in two cases involving government officials who blocked individuals from their social media accounts.

One of the cases, Garnier v. O’Connor-Ratcliff, 41 F.4th 1158 (9th Cir. 2022), cert. granted, O’Connor-Ratcliff v. Garnier, No. 22-324 (Apr. 24, 2023), was decided by the U.S. Court of Appeals for the Ninth Circuit.

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New York Legislators Take a Stand on Deep Fakes
August 14, 2023 | Privacy, Data & Cyber Law | AI

In April 2021, the Administration for Children’s Services (ACS) filed a petition in Brooklyn Family Court alleging that an uncle who was legally responsible for his nephew had neglected the child by providing inadequate supervision and guardianship and by neglecting his education. Among other things, ACS offered the court voice recordings that it claimed supported

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Biometric Regulation Leaps Forward with FTC Policy Statement
June 19, 2023 | Privacy, Data & Cyber Law

During the first few months of this year, it would not have been surprising if lawyers and corporate executives already believed that 2023 was going to be the “Year of Biometric Privacy.” Consider that, in February, the Illinois Supreme Court issued two significant decisions interpreting the state’s Biometric Information Privacy Act (BIPA), continuing its trend

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House Committee Moves Privacy Bill Forward
April 17, 2023 | Privacy, Data & Cyber Law

Privacy is a growing concern in the United States and as we increasingly see consumer private information being obtained and used, both by businesses and cyber criminals, regulation of the collection and disclosure of non-public information and cyber security will likely increase as well. For instance, in early March, the Biden Administration announced a new

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When Is a Social Media Post a ‘True Threat’?
February 21, 2023 | Privacy, Data & Cyber Law

After Seventh Circuit Judges Frank Easterbrook, William Bauer, and Richard Posner ruled in National Rifle Association of America v. Chicago, 567 F.3d 856 (7th Cir. 2009), rev’d sub nom. McDonald v. City of Chicago, 561 U.S. 742 (2010), that the Second Amendment did not apply to the states, Harold Turner published a blog post declaring

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Federal Courts Issue Orders Modifying Procedures for Highly Sensitive Documents
January 27, 2021 | Privacy, Data & Cyber Law | Professional Liability

Cyber security breaches have been widespread recently, prompting business and government agencies alike to implement new rules, regulations and protocols to protect confidential personal information. Most recently, the federal Judiciary announced new protocols for filing court documents containing “highly sensitive material.” These new protocols come in the wake of the SolarWinds data breach, which compromised,

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CCPA’s Sequel Complicates Matters for U.S. Businesses
December 11, 2020 | Privacy, Data & Cyber Law

On November 3, 2020, California voters approved the California Privacy Rights Act (CPRA), which amends the previously enacted California Consumer Privacy Act of 2018 (CCPA). As with the CCPA, businesses physically located outside of California may be subject to the CPRA if they do business in California.

The CPRA expands on the already vigorous privacy

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Supreme Court Decision Impacts Assistance-of-Counsel Claims
March 7, 2019 | Professional Liability

On February 27, 2019, in Garza v. Idaho, 586 U.S. _ (2019), the Supreme Court of the United States, in a split decision, eased a client’s burden of establishing harm for the purposes of making an ineffective assistance of counsel argument against his former criminal defense lawyer.

The Sixth Amendment provides that a criminal defendant

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ABA Formal Opinion Discusses Ethical Implications of Data Breaches
October 30, 2018 | Professional Liability

On October 17, 2018, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion No. 483 addressing lawyers’ and law firms’ professional responsibilities during and after a cyber event. A link to the Opinion can be found here. Although advisory in nature and not binding in a court of law, lawyers would do

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Equifax: Why This Data Breach Is Different from All the Others
December 7, 2017 | Privacy, Data & Cyber Law

Shari Claire Lewis and Amanda Gurman authored an article, “Equifax: Why This Data Breach Is Different from All the Others,” which appeared in the November 2017 edition of Westlaw Journal White Collar Crime.

To read the article, click here.

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