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NEWS SEPTEMBER 7, 2020 ¦ 15

Mueller Report The Telephone Consumer Protection Act of 1991
D epartment of Justice v. U.S. House Judiciary Com- forbids calls placed using an automated telephone
dialing system (ATDS), or autodialer. Noah Duguid
mittee
In this fight over access to redacted portions of sued Facebook for sending him numerous auto-
the Mueller Russia investigation report and grand matic text messages without his consent. Facebook
jury materials, the justices are asked whether an argued the equipment it uses to send text messages
impeachment trial before a legislative body is a to Duguid is not an ATDS. The U.S. Court of Ap-
“judicial proceeding” under the federal grand jury peals for the Ninth Circuit disagreed with Facebook.
secrecy rule. Jeffrey Wall represents the department; The justices are asked whether the definition of an
Douglas Letter is counsel for the committee. automatic telephone dialing system encompasses
any device that can “store” and “automatically dial”
telephone numbers, even if the device does not “use”
Campus Speech a random or sequential number generator.” Kirkland

Uzuegbunam v. Preczewski
Two students at Georgia Gwinnett College sued & Ellis partner Paul Clement represents Facebook;
state college officials in a challenge to the school’s Sergei Lemberg of Lemberg Law in Wilton, Con-
policy that limited student speech activity to two necticut, is counsel for Duguid.
“free-speech zones.” They sought declaratory
and injunctive relief as well as nominal damages.
The college revised its policy to allow students Computer Fraud
to speak anywhere on campus and the lawsuit Van Buren v. United States
Does someone who is authorized to access infor-
was dismissed as moot. Does the revision of an mation on a computer for certain purposes violate
unconstitutional policy during litigation moot the Computer Fraud and Abuse Act if he or she ac-
nominal-damages claims for a past violation of cesses the same information for an unauthorized
a constitutional right? The U.S. Court of Appeals purpose? The Eleventh Circuit answered yes. Stan-
for the Eleventh Circuit said yes. John Bursch of ford Law’s Jeffrey Fisher represents Nathan Van
Alliance Defending Freedom represents the stu- Buren; Jeffrey Wall is counsel for the U.S.
dents. Georgia Solicitor General Andrew Pinson ¦

is counsel for the state. Sarah Tincher is the managing editor of The

National Law Journal and Corporate Counsel.

Robocalls Contact her at [email protected]. On Twitter: @

Facebook v. Duguid sarahntincher

‘Bring Your Own Device’ Policy May Leave
Your Firm Exposed

By Victoria Hudgins
Bring your own device (BYOD) policies aren’t cies commonly found in Big Law, in large part to
new to law firms, but they aren’t consistent- avoid exposing client data to increased cybersecu-
ly found in the small and midsize firms that rity threats.
employ the bulk of U.S. lawyers. However, due to But to be sure, not all firms are looking to shore
the COVID-19 pandemic, some smaller firms are up this area of risk.
attempting to catch up to the robust BYOD poli-
¦ Continued on PAGE 16

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