Killings, deaths at the border

Roxanna Altholz interviewed by USA Today, April 15, 2016

“We are alleging that the United States used excessive force against Anastasio Hernandez Rojas, that agents tortured Anastasio Rojas, and that the investigation was delayed and that it lacked impartiality and independence. That’s the core of our case against the United States.”

Uber passenger says driver’s chase ended in death of SF pedestrian

Mark Gergen quoted in San Francisco Chronicle, April 13, 2016

“Uber was trying to get out in front of it before the customer was fully aware of his medical condition and his legal rights,” he said. Noting that West could make a case for “significant emotional disturbance” and possibly false imprisonment as well as physical injuries, Gergen said, “Uber has a significant liability risk here.”

Federal Defend Trade Secrets Act clears the Senate: Is the uniform act on life support?

Peter Menell quoted in Lexology, April 11, 2016

Of critical importance to several senators was the thoughtful consideration of the interplay between trade secret protection and illegal activity unearthed by employees. As noted by Professor Peter Menell of the UC Berkeley School of Law, “[t]he same routine non-disclosure agreements that are essential to safeguarding trade secrets can be and are used to chill those in the best position to reveal illegal activity.”

Data residency requirements creeping into German law

Lothar Determann co-authors article for Bloomberg BNA, April 11, 2016

The new data retention requirements are very controversial. Commentators argue that the comprehensive data retention of traffic data is disproportionate and therefore a violation of the German constitutional right to privacy in the absence of convincing evidence that data retention has hindered severe crimes or significantly helped law enforcement in the past.

The delayed revolution in digital financial services

Paul Schwartz writes for TechCrunch, April 9, 2016

Technology has transformed how we work, communicate and travel. In contrast, modern digital technology has not yet transformed financial services. Open data is the key to change in this sector of the economy.

Alameda County ends juvenile justice fees; state may be next

Stephanie Campos-Bui and Kate Weisburd quoted in Daily Journal (registration required) April 8, 2016

“We’re very happy that the board took action,” said Stephanie Campos-Bui, clinical teaching fellow at the Berkeley clinic. Campos-Bui presented research to the county board’s public protection committee showing that Alameda County has been spending approximately $250,000 per year on collection agency fees, collections employees, and county hearing officers in its attempts to recoup $250,000 worth of administrative fees from often low-income families, resulting in a negligible revenue stream for the county.

“It’s so gratifying for those us who represent juveniles in court to see one of the many daily injustices we see being changed on a systemic level in such a positive way,” Weisburd said