Blog

USCIS changes its policy on how to calculate unlawful presence for F-1, J-1, and M-1 nonimmigrants, and their dependents

Posted on by Federica Romanelli
On May 10, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum (PM-602-1060) that overturned prior guidance on the interpretation of “unlawful presence” for non immigrant students, exchange visitors, and vocational students. USCIS aims at reducing “the number of overstays and to improve how USCIS implements the unlawful presence ground of inadmissibility”. Once the visa-holder will start accruing “unlawful presence” in the United States , she will - over Read more [...]

Carpenter v. United States

Posted on by Federica Romanelli
Carpenter v. United States, 201 L. Ed. 2d 507, 2018 U.S. LEXIS 3844, 138 S. Ct. 2206, 86 U.S.L.W. 4491, 27 Fla. L. Weekly Fed. S 415, 2018 WL 3073916 SCOTUS decided Carpenter vs US: police needs a warrant to search past location data from a suspect’s cellphone  On June 22, 2018, the Supreme Court decided an important privacy case. The Supreme Court reversed and remanded the Sixth Circuit’s decision holding that the protection granted under the Fourth Amendment does prevent the government Read more [...]

Federal Trade Commission v. Boehringer Ingelheim Pharmaceuticals, Inc.

Posted on by Federica Romanelli
On June 19, 2018, the Court of Appeals for the District of Columbia, provided an important reminder on when a communication can be considered privileged. According to the decision, a document is privileged depending on the purpose of the communications at issue. Before producing documents in a litigation, to maintain attorney-client privilege, counsel should determine whether the purpose of the communication was to obtain or provide legal advice, even if there were other business reasons for the Read more [...]

ECJ’s preliminary ruling on case of German DPA against Facebook

Posted on by Federica Romanelli
EU data protection law according to Directive 95/46/EC. According to the CJEU’s judgement, EU companies that have been advertising through Facebook can be considered data controllers with all the responsibility and liability that comes with that. Although this case was decided under Directive 95/46/EC, it is safe to assume that some interpretations will be applicable under the EU General Data Protection Regulation (GDPR, Regulation EU 2016/679), which replaced the Directive. Background. Read more [...]

ICO’s right to be informed page

Posted on by Federica Romanelli
The Information Commissioner’s Office ICO published a resourceful page concerning the right to be informed. The right to be informed covers some of the key transparency requirements of the GDPR. It is about providing individuals with clear and concise information about how their personal data are processed. Among the answers to several questions concerning the right to be informed, the page contains a checklists to assess how companies comply with the right to be informed requirements. The Read more [...]