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European Court Asked to Rule on Facebook Data Transfers
Court Watch | 2017/10/23 01:39


The European Court of Justice has been asked to consider whether Facebook's Dublin-based subsidiary can legally transfer users' personal data to its U.S. parent, after Ireland's top court said Tuesday that there are "well-founded concerns" the practice violates European law.

In a case brought after former U.S. defense contractor Edward Snowden revealed the extent of electronic surveillance by American security agencies, the Irish court found that Facebook's transfers may compromise the data of European citizens.

The case has far-reaching implications for social media companies and others who move large amounts of data via the internet. Facebook's European subsidiary regularly does so.

Ireland's data commissioner had already issued a preliminary decision that such transfers may be illegal because agreements between Facebook and its Irish subsidiary don't adequately protect the privacy of European citizens. The Irish High Court is referring the case to the European Court of Justice because the data sharing agreements had been approved by the European Union's executive Commission.

Ireland's data commissioner "has raised well-founded concerns that there is an absence of an effective remedy in U.S. law . for an EU citizen whose data are transferred to the U.S. where they may be at risk of being accessed and processed by U.S. state agencies for national security purposes in a manner incompatible" with the EU's Charter of Fundamental Rights, the Irish High Court said Tuesday.

Austrian privacy campaigner Maximillian Schrems, who has a Facebook account, had challenged this practice through the Irish courts because of concerns that his data was being illegally accessed by U.S security agencies.



Spooked businesses shift headquarters out of Catalonia
Legal News | 2017/10/23 01:39

As separatists in Catalonia jockeyed Friday to elude court rulings and find ways to deliver on their promise to declare independence, business giants hit back with plans to relocate their headquarters elsewhere in Spain amid the increasing political uncertainty.

Caixabank, Spain's third lender in global assets, said Friday that it was moving from Barcelona to the eastern city of Valencia, "given the current situation in Catalonia." It said it wants to remain in the eurozone and under the supervision of the European Central Bank — two things that would not happen if Catalonia did manage to secede.

The region's separatist government has vowed to use a pro-independence victory in a disputed referendum last weekend to go ahead with secession, while calling for Spain's central government to accept a dialogue.

But the government of Spain's conservative Prime Minister Mariano Rajoy has rejected any negotiations unless the separatists drop their secession bid. Rajoy urged Puigdemont to cancel plans for declaring independence in order to avoid "greater evils."

"In order to dialogue, you must stay within the legal framework," Spanish cabinet spokesman Inigo Mendez de Vigo told reporters Friday, blaming the secessionists for breaking Spain's constitutional order.

"Coexistence is broken" in Catalonia, he said, warning Catalans that a parliamentary declaration of independence "is not enough" and that the international community needs to recognize independent nations.



Man who killed NFL star's son taking case to high court
Court Line | 2017/10/21 01:39

The case of a man serving life in prison for killing the 2-year-old son of NFL running back Adrian Peterson in South Dakota is going before the state Supreme Court.

Joseph Patterson was convicted in September 2015 of second-degree murder in the October 2013 death of Tyrese Ruffin, the son of Patterson's girlfriend and Peterson.

Patterson appealed, and the Argus Leader reports the state Supreme Court will decide whether his jury trial was mishandled. Attorney arguments are scheduled Monday on several questions, including whether the trial court prejudiced the jury by allowing prosecutors to mention certain information.

Peterson was a longtime member of the Minnesota Vikings. He now plays for the New Orleans Saints.



Indiana courts see changes with new e-filing system
Legal PR | 2017/10/20 01:39

Electronic filing is transforming the way Indiana's judicial system works.

Fifty-five of the state's 92 counties have adopted mandatory electronic filing for most new criminal and civil lawsuits over the past 15 months, The (Northwest Indiana) Times reported. The state's appellate division has also adopted the electronic system.

The Supreme Court's Office of Court Technology says more than 2.1 million documents have been electronically filed in the state since July 1, 2016.

E-filing makes judges and lawyers more efficient and improves court services for Indiana residents, said Justice Steven David. Non-confidential court documents are also available online.

E-filing has been adopted quickly through the state because may counties are using the same case management system called Odyssey, said Justice Mark Massa.

The system is paid for by a $20 automated record keeping fee that's attached to every case filed in Indiana court.

"It's the best deal for counties," Massa said. "It carries with it state funding of that technology and that support, and we're getting closer and closer to that complete statewide coverage with each passing year."

The system also allows the judicial branch to generate comprehensive data about crimes, courts, dispositions, children in need of services, protection orders and other information that the legislative and executive branches need when enacting new laws, David said.

"In the old days, you might get data from one court and try to extrapolate, or determine if that court is representative of the rest of the state or not, and that's no longer the case," David said.


Elliott's fast start fades with Cowboys as court looms again
Court Line | 2017/10/19 01:38

Ezekiel Elliott pretended to wipe his face with a towel following his signature "feed me" gesture to celebrate his first touchdown.

The star Dallas running back got to hand the ball to his mother twice on his second score after the original TD ruling was reversed, with his mom kissing his facemask on the exchange that counted from her spot on the front row of a field-level box behind the end zone.

Those happy moments were gone after a 35-30 loss to the Los Angeles Rams on Sunday, the day before a federal appeals court hearing that could result in the lifting of an injunction that is allowing Elliott to play as he fights the NFL's six-game suspension stemming from a domestic case in Ohio.

Elliott said he wasn't sure if he would attend Monday's arguments before the U.S. 5th Circuit Court of Appeals in New Orleans. If the three-judge panel moves quickly and grants the NFL's emergency request to overrule a Texas judge's injunction, he could be sitting as early as next weekend at home against Green Bay.

"I'm not talking about it," Elliott said when asked how the looming hearing might affect his upcoming week.

In the first half against the Rams (3-1), it sure looked as if Elliott would have plenty of reasons to smile despite the looming hearing. He had a 10-yard scoring catch and a 1-yard plunge after the initial sprint for the pylon from the 2 was called a score and overruled on replay.

Last year's NFL rushing leader had 56 yards at halftime and another 41 yards receiving. The Cowboys led 24-16 and had scored on all four possessions.



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