Kathleen Dion

Kathleen Dion

Kate Dion’s practice includes all aspects of civil and criminal litigation. She represents clients in complex commercial litigation, including allegations of patent infringement, breach of contract, misappropriation of trade secrets, unfair trade practices, tortious interference with business relations, and other business torts. Her experience also includes counseling clients in government investigations, internal investigations, and white-collar criminal matters. In addition, she represents institutional clients and individuals in probate litigation. Read her rc.com bio here.

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Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of Family Educational Rights and Privacy Act (FERPA) and the Telephone Consumer Protection Act (TCPA) as it applies to educational … Continue Reading

Who Owns a Noise – Should Data Collected in a Public Space by a Private Company be Generally Accessible to the Public?

While law enforcement have access to new technology owned by third parties that assist them with protecting the public, questions arise as to who should own the data gathered by that technology. Sometimes, it is the technology provider itself which blocks public access to the data. For example, many police departments have contracted with ShotSpotter, … Continue Reading

U.S. Department of Education Issues Guidance on Student Medical Records

On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical records in the context of litigation. FERPA generally prohibits a school from disclosing personally identifiable information from a student’s education … Continue Reading

Florida Court Holds Budget Request Forms and Activity and Service Fee Records Not “Educational Records”

On August 11, 2016, a Florida state court judge held that the University of Central Florida Board of Trustees (UCF) must produce budget request forms and activity and service fee database records to Knight News, Inc. (KNI) in response to KNI’s public records request. The records indicate the amount of money paid to each student … Continue Reading

Judge seals transcript of Title IX hearing

A federal judge in North Carolina sealed a transcript of a University of North Carolina (UNC) hearing to determine whether the plaintiff was responsible for committing sexual acts without consent. In the case in question, the defendant brought suit against UNC, Jane Doe, and various school administrators after the Administrative Judicial Board found him responsible … Continue Reading

DOJ and DOE issue guidance on privacy rights of transgender students

On May 13, 2016, the Department of Justice and the Department of Education issued a “Dear Colleague Letter” (DCL) describing reasonable steps to protect transgender students under Title IX of the Educational Amendments of 1972 (Title IX) as well as the Family Educational Rights and Privacy Act (FERPA). Title IX prohibits discrimination on the basis … Continue Reading

House Committee examines student data privacy concerns

The House Committee on Education and the Workforce recently held a hearing to evaluate federal policies affecting education research and student privacy. At issue is whether and how Congress will update the 1974 Family Educational Rights and Privacy Act (FERPA), which protects student education records and provides how state and local education agencies collect and … Continue Reading

Response to data breach at UCLA creates controversy

Universities are an attractive target for hackers because they contain many access points in their networks, and the networks contain financial and personal data as well as intellectual property. Last summer, hackers breached the computer network at the UCLA medical center. In response, the University’s president, Janet Napolitano, covertly ordered a new security system to … Continue Reading

Wendy’s investigating potential credit card breaches

Wendy’s may be the latest in a number of companies with Central Ohio operations that have suffered data breaches in recent years. On January 27, Wendy’s announced that it hired a cybersecurity firm to investigate claims of a possible credit card breach at some of its locations.  Initially, the company was notified by its payment … Continue Reading

The “Going Dark” problem

“Going Dark” refers to law enforcement’s lack of technical ability to intercept and access communications and information. In response, the Department of Justice (DOJ) is using a law from the 1700s, the All Writs Act, which grants courts the power to issue “necessary or appropriate” writs to force cellphone manufacturers to assist it in extracting … Continue Reading

Information Security: MBA Whitepaper

Recently, the Mortgage Bankers Association released “The Basic Components of an Information Security Program,” for small and medium size companies in the mortgage industry that may not have the resources to stay well-informed of all the laws, regulations, regulatory guidance, security frameworks and best practices that have been issued by various government or private entities. … Continue Reading

Northern District of California Requires A Warrant to Access Cellphone Geographic Information

We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In a lengthy opinion, Judge Lucy Koh of the Northern District of California joined those who held that the Fourth Amendment applies to CSLI. Prior to … Continue Reading

Seizure of memory cards from digital cameras allowed under plain view doctrine

Courts today are faced with applying traditional Fourth Amendment search and seizure doctrines to twenty-first century digital technology. In one such case, the Massachusetts Appellate Court upheld a lower court’s holding in Commonwealth v. Tarjick, 87 Mass. App. Ct. 374 (App. Ct. 2015) denying a motion to suppress memory cards that were seized during a warrant search but were … Continue Reading

U.S. Supreme Court holds that ankle bracelet monitoring is a form of search and seizure

On Monday, the U.S. Supreme Court in Grady v. North Carolina vacated the judgment of the Supreme Court of North Carolina upholding the use of a GPS monitor on a recidivist offender.  The statute authorizing the program explained that the purpose of the GPS monitor was “for time correlated and continuous tracking of the geographic … Continue Reading
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