Archives: New Jersey

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NJ TCCWNA Claim Thwarted by CA Choice-of-Law Provision

As we have previously written about, 2016 saw a wave of litigation brought under New Jersey’s Truth-in-Consumer Contracting, Warranty, and Notice Act (“TCCWNA”) regarding website Terms of Use.  While service providers await the outcome of many of these cases and direction from New Jersey courts on how the TCCWNA generally applies to online contracts, one California court recently offered … Continue Reading

Now What? Plaintiffs Attack Popular Disclaimers in Online Terms of Use

In Short: An old New Jersey law – the Truth-in-Consumer Contract, Warranty and Notice Act or TCCWNA – is now being used to challenge website Terms of Use in a flurry of recently filed cases. These cases have not yet produced any guidance from the courts and the nebulous nature of the law complicates compliance. … Continue Reading

Privacy, Privilege, and the Cloud, Oh My: Taking LovingCare to Heart

What does workplace privacy have to do with the cloud? Everything. On Tuesday, the New Jersey Supreme Court issued its opinion in Stengart v. LovingCare Agency, Inc., --- A.2d ----, 2010 WL 1189458 (N.J. March 30, 2010), and came out on the side of protecting employee privacy and the attorney-client privilege in personal Yahoo! webmail (a cloud service) even though the employee used a company computer. While everyone has been busy writing about the implications of LovingCare for company policies governing employee expectations of privacy (and for good reason), few have stopped to note that LovingCare is a cloud case. LovingCare is one of only a few published opinions addressing the difficult issues surrounding employee use of webmail and other cloud services on company computers where the attorney-client privilege is at stake, and the impact of the LovingCare decision will undoubtedly be felt for years to come by nearly every employer across the country, both in crafting policies for employee use of company computer systems and in conducting discovery in nearly every employment-related litigation. The machine may be the employer's, but, in the post-LovingCare world, the data may be the employee's - at least where the cloud and the attorney-client privilege are involved. You can read my detailed case analysis in this post. … Continue Reading

New Jersey Security Requirements (including encryption of personal information)

A proposed New Jersey regulation that may be come law in 2008. It has very specific requirements around encryption of personal information at rest and in transit. In particular, if these rules pass organizations would be required to encrypt according to the Federal Information Processing Standard (FIPS) recommended standard, which is the Advanced Encryption Standard … Continue Reading
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