Business Law Section Weekly Newsletter
Real Property & Business Litigation Case Updates by Manny Farach

November issues available below
The IMF Committee had a Fellows meeting three days ago to touch base with where the Fellows are at in terms of being assigned substantive projects. We have 4 fellows still available still for use on any substantive projects that anyone needs help with (researching, drafting, editing, or general help with a project). Please contact Michelle Suarez if you need a Fellow to help.

Also, the IMF committee is asking BLS members who haven't already signed up to be Mentors to please consider doing so by submitting the Mentor Pledge Agreement form (available here) to me directly. We had a small amount of Mentors sign up as compared to Mentees and could really use at least 15 more. Thanks for your help!

Lastly, the IMF committee will also be putting together 2 events for the first quarter of 2021: a Fellows only (past and current) event, and a Fellows & EC event. Dates to follow soon. 
By Amanda Finley

The European Union (“EU”) implemented the General Data Protection Regulation (“GDPR”) effective as of May 25, 2018. The GDPR enforces privacy requirements to protect EU citizens.  “The GDPR applies to the processing of ‘personal data,’ which is defined as any information related to an ‘identified or identifiable natural person,’” who can be directly or indirectly identified by the data produced. The GDPR purports to have extraterritorial effect by applying “regardless whether the processing takes place in the EU or elsewhere.” The GDPR allows imposition of penalties and sanctions that “significantly increase[d] the maximum fine to €20 million, or 4% of annual worldwide turnover, whichever is greater.”  Further, “[t]he GDPR provides an individual with access to the courts to seek a judicial remedy” in addition to any administrative remedy.  Essentially, any production of documents that contain information about EU citizens could cause serious consequences and large fines for a GDPR violation. 

The early cases in the United States suggest that the GDPR may have a profound impact on discovery in the United States. The GDPR may subject litigants in United States courts to discovery objections for the purpose (or possibly under the guise) of protecting EU citizens’ privacy. Defendants may object to production as a whole, request significant redaction of the discovery, request a strict confidentiality agreement, request to produce anonymized data that does not identify any EU citizen, or any combination thereof. There is limited case law on the implications of the GDPR on United States discovery because it is a relatively new regulation.

Member Spotlight, Holiday Edition: Shirley Palumbo
What’s your favorite holiday memory? When I moved from Puerto Rico to Miami, I missed the Christmas “Parrandas,” a social event similar to Christmas carols, but with maracas, guitars, guiros, spoons and pans. In the middle of the night a group goes and surprises (assaults) a house, and in consideration of loud music we receive a welcoming of drinks, soup and food. So in my third Christmas in Miami, I brought a boom box with salsa, merengue and Latin Christmas music, got some microphones and about 40 friends in an RV and trucks, and we visited house to house to celebrate. The only difference is that I had to send out an invitation to all the houses we were going to surprise (assault) so that they would know we were coming and invite us in. We had a blast!

Top three holiday movies? Home Alone, It’s a Wonderful Life and Die Hard

Holiday recipe? Coquito – an alcoholic beverage. I keep it simple but strong. Two cans of evaporated milk, one can of coconut cream (don’t use coconut milk), one can of condensed milk (fat free so that we make believe it’s healthier), and Don Q white rum to taste. A liter is about right. And lots of cinnamon. Enjoy!
We asked Mark Healy, Executive Vice President of Moecker, for 2 Truths and a Lie
  1. My favorite movie is Titanic.
  2. My hobby is swimming.
  3. My hidden talent is that I am a pinball wizard.

Did you guess correctly?