The Week That Was: All of Lawfare in One Post

Jonathan Zittrain gave us some good and some troubling news: we are not going dark. Susan Landaureflectedon the new report Dont Panic and stated that we have a strong reason for national policy to favor ubiquitous use of encryption. Bruce Schneieraddedto the security versus surveillance battle. Ben, meanwhile,shared his out-of-the-box way to address the going […]

ERISA-Fourth Circuit Rules That Plaintiffs' Suit Under ERISA Is Time Barred, Since The Plaintiffs Knew Of The ERISA Issue More Than Three Years Before They Filed Suit

In Bond v. Marriott International, Inc., Nos. 15-1160, 15-1199 (4th Cir. 2016) (Unpublished Opinion), Dennis Bond and Michael Steigman (the “Plaintiffs”), filed this action against their former employer, Marriott International, Inc., alleging that Marriott’s Deferred Stock Incentive Plan (the “Plan”), a tax-deferred Retirement Award program, violates the vesting requirements of ERISA. After targeted discovery on […]

The Supreme Court’s Recent Confirmation that Yearsley Derivative Sovereign Immunity Extends Beyond Public Works Projects

On January 20, 2016, the Supreme Court clarified the scope of Yearsley immunity a form of derivative sovereign immunity available to qualifying government contractors in its decision in Campbell-Ewald Co. v. Gomez. Until two weeks ago, many courts had misconstrued the Supreme Courts 1940 decision, Yearsley v. W.A. Ross Const. Co., 309 U.S. 18, 60 […]

ERISA-Supreme Court Holds That Participants' Complaint Against Plan Fiduciaries, For Continuing To Allow Investment In Employer Stock When The Value Has Dropped, Does Not State A Claim Under ERISA

In Amgen v. Steve Harris, 577 U. S. ____ (2016), the U.S. Supreme Court reversed the Ninth Circuit’s determination that a participants’/stockholders’ complaint states a claim under ERISA against plan fiduciaries for breaching the duty of prudence, when the fiduciaries failed to stop offering employer stock as an investment alternative under the plan. The Supreme […]

U.S. Supreme Court: Prior Finding That Mandatory Life without Parole Sentences for Youth Are Unconstitutional Now Found Retroactive

U.S. Supreme Court: Prior Finding That Mandatory Life without Parole Sentences for Youth Are Unconstitutional Now Found Retroactive In a key win for individuals nationwide who are serving life without parole sentences for crimes committed as children, the United States Supreme Court today ruled 6-3 in Montgomery v. Louisiana that their 2012 decision in Miller […]

Educators Did Not Have Right To Privacy In Records That Did Not Contain Personal Information And Were Not Investigative

The Supreme Court differed with the test court as well as Court of Appeals, and also bought that the documents be divulged without any kind of redactions at all. The Court additionally specified that the documents were not vital to the defense of personal privacy, for the exact same factors explained above.In recap, the Supreme […]

CISA in Context: The Voluntary Sharing Model which “” Other” Portal

Sharing details via the site does not reduce the commitment to share straight to a regulatory authority. This leaves, nonetheless, the issue of cybersecurity info which is not called for to be shared with a regulative authority that a firm may or else choose to share under the portal.As a basic issue, firms do not […]

The Week That Will Be

Summary: The United States Program of Human Rights Watch (HRW)is looking for a very certified Researcher on National Security, Surveillance, as well as Domestic Law Enforcement to examine, assess, as well as supporter versus human legal rights misuses connected to the civil liberties misuses happening at the junction in between nationwide safety and security plans, […]