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
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.
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…
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…
Fourth Circuit joins other circuits holding no warrant is required for cell tower data
The Fourth Circuit held that the government is not required to obtain a warrant for cell tower data in United States v. Graham (4th Cir., No. 12-4659, en banc 5/31/16). The Court found that cell tower data was voluntarily turned over to a third party by the cell phone user. This information was created…
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…
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…
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…
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…
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…
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…