• May 27, 2016

    CareFirst Dodges Policyholders’ Data Breach Class Action

    A Maryland federal judge on Friday tossed a proposed class action in which two policyholders accused CareFirst BlueCross BlueShield of potentially compromising their information along with that of a million other people after a data breach.

  • May 27, 2016

    Texting Cos. Get 2nd Shot At Arbitrating Cell Cramming Row

    The Ninth Circuit Thursday reversed a lower court decision denying arbitration in a proposed class action claiming two mobile messaging companies duped consumers into pay for services, saying the trial court should determine whether the lead plaintiff agreed to arbitrate and whether that extended to the service-facilitator defendants.

  • May 27, 2016

    White House Releases Privacy Framework For Health Initiative

    The White House on Wednesday released a framework of privacy rules to protect health data gathered as part of President Barack Obama’s Precision Medicine Initiative, which is set to use research to improve health care by making it more individualized.

  • May 27, 2016

    Facebook Fights Amended TCPA Suit Over Hack-Alert Texts

    The man leading a proposed class action claiming Facebook violated the Telephone Consumer Protection Act by sending unauthorized text message warnings still hasn’t proven they were generated automatically, which got his complaint nixed the first time around, the social media giant told a California federal judge Thursday.

  • May 27, 2016

    Searching Old Data OK In ‘Good Faith,’ Full 2nd Circ. Rules

    In a blow to privacy advocates, the full Second Circuit on Thursday said federal agents did not exceed their authority and acted in "good faith" when searching three-year-old copies of the hard drives of a Connecticut accountant facing tax fraud charges, who said the data should have been deleted because it was obtained in a separate investigation.

  • May 27, 2016

    New US Banking Data Policy In Trade Deals Still Has Critics

    A change in the Obama administration’s strategy for crafting data localization rules for financial services firms in trade deals was met with a mixed reaction Thursday, with some stakeholders applauding the policy while others said more action was needed.

  • May 27, 2016

    41 Secret Service Staff Punished For Chaffetz Files Leak

    The U.S. Secret Service has punished 41 employees in the improper access and leak of House Oversight Chairman Jason Chaffetz's personnel files during his committee's investigation of the beleaguered agency, Homeland Security Secretary Jeh Johnson announced Thursday.

  • May 27, 2016

    Cybersecurity Regs Put Pressure On Contractors To Hack It

    Government contractors are navigating an industry facing increasing cybersecurity challenges, and experts note new and upcoming rules demanding safeguards are likely to play into contract eligibility and government enforcement actions while also spurring bid protests.

  • May 26, 2016

    Thiel's Gawker Crusade Belies Business Of Litigation Funding

    Paypal co-founder Peter Thiel's admission this week that he secretly bankrolled Hulk Hogan's sex-tape lawsuit against Gawker has thrown a spotlight onto third-party litigation funding, though industry experts say the billionaire's personally motivated patronage differs dramatically from how the business typically operates.

  • May 26, 2016

    Sens. Move To Set Limits On Feds' Overseas Data Demands

    A bipartisan trio of senators on Wednesday took another stab at clearing up the debate over the U.S. government's ability to access user data stored abroad by rolling out a revamped legislative proposal that would establish a blanket warrant requirement and reform the process for cooperating with foreign governments on such demands.

  • May 26, 2016

    Microsoft Warrant Row Unaltered By EU Regs, 2nd Circ. Told

    The U.S. government says Microsoft is wrong to suggest that the European Union’s recent passage of sweeping data protection reforms has any bearing on a hotly contested Second Circuit dispute over whether the government can use a search warrant to access consumer data stored overseas.

  • May 26, 2016

    Chamber Report Says Yates Memo Discourages Cooperation

    The U.S. Department of Justice runs the risk of discouraging corporations from cooperating with investigations under the so-called Yates Memo, the U.S. Chamber of Commerce's Institute for Legal Reform said in a report Thursday, arguing that workers could be pitted against their employers under the policy.

  • May 26, 2016

    ACLU Wants Piece Of Microsoft Fight Over Gov't Gag Orders

    The American Civil Liberties Union on Thursday asked a Washington state federal court for permission to join Microsoft’s challenge to the constitutionality of gag orders that prevent service providers from telling their customers about law enforcement demands for access to user data, arguing that this may be the group's only opportunity to mount such a fight.

  • May 26, 2016

    Credit Union's $2.75M Deal In TCPA Suit Fails To Clear

    A California federal judge Thursday rejected a proposed $2.75 million class action settlement between Navy Federal Credit Union and certain individuals subject to its automatic telephone dialing system, expressing concern with a release exceeding the factual scope of the Telephone Consumer Protection Act claims.

  • May 26, 2016

    Senate Committee Again Postpones Vote On E-Privacy Reform

    The Senate Judiciary Committee on Thursday again held off on advancing legislation that would amend the Electronic Communications Privacy Act, electing instead to take time to sort through a flurry of amendments that would ease some restrictions on how the government can access data and what services providers can say about these demands.

  • May 26, 2016

    Michaels Customer Asks 2nd Circ. To Revive Data Breach Suit

    The customer leading a data breach suit against Michaels Stores Inc. wants the Second Circuit to reverse a lower court’s ruling tossing the proposed class action for lack of standing, arguing that recent Seventh Circuit precedent allows consumers to file suit over a data breach without proving they were actually harmed.

  • May 26, 2016

    Privacy Group Blasts Gov't's Job Applicant Data Policies

    The federal government’s proposed changes to how it collects public trust job applicants’ data in the wake of a massive privacy breach does more harm than good, the nonprofit Electronic Privacy Information Center said Tuesday, urging the government to only collect information it can protect.

  • May 26, 2016

    EU Lawmakers Push For Negotiations In Privacy Shield Deal

    European Union lawmakers are urging the European Commission to work with the U.S. to fix “deficiencies” in the new trans-Atlantic “Privacy Shield” data transfer deal reached in February, calling it a substantial improvement from the last pact, but questioning U.S. authorities’ access to Europeans’ data.

  • May 26, 2016

    Chamber, Former FTC Chair Bash FCC Data Privacy Plan

    The U.S. Chamber of Commerce, the National Black Caucus of State Legislators and a former Federal Trade Commission chairman are urging the Federal Communications Commission to scale back its proposed data privacy guidelines for internet service providers, saying they overreach, overstep or are inconsistent.

  • May 26, 2016

    Equifax Hit With Class Action Over Kroger Data Breach

    Equifax was hit with a proposed class action on Wednesday in Georgia federal court accusing the Atlanta-based consumer credit bureau of negligence after a data breach disclosed the personal information of a group of Kroger grocery store employees.

Expert Analysis

  • Ill. Appeals Court Ruling Could Mute TCPA Class Actions

    Bruce M. Lichtcsien

    In First Mercury Insurance v. Nationwide Security Services, an Illinois state appeals court called for a change in how attorneys' fees are calculated for Telephone Consumer Protection Act class actions, which could signal the death knell for profitable TCPA litigation in Illinois, says Bruce Lichtcsien at Hinkhouse Williams Walsh LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • The Risk Of Data Misuse By Health Care Co. Employees

    Tina Sciocchetti

    A recent decision from the Southern District of Florida highlights the risks companies that collect or maintain sensitive personal information face when a rogue employee compromises data security. Data privacy and security policies and procedures should address and limit unauthorized access not only to external sources, but also to internal sources who may act outside the scope of their employment, say attorneys at Nixon Peabody LLP.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • Spotlight On Spokeo: A Deeply Gratifying Result

    Neil Richards

    Rather than being the end of consumer protection lawsuits, the U.S. Supreme Court's Spokeo v. Robins opinion offers Congress a green light to give consumers the rights they need to protect their privacy and other digital rights. This is exactly the result Spokeo was most likely dreading, says professor Neil Richards of Washington University School of Law.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Spotlight On Spokeo: A Win For Consumers

    Nicholas R. Diamand

    Our friends in the defense bar, still smarting from the outcomes in Campbell-Ewald and Tyson Foods, have already begun to try to spin Spokeo as creating new limits on class actions. But the U.S. Supreme Court's opinion, in a sure-to-be-cited footnote, expressly said that whether a case is a class action “adds nothing to the question of standing,” say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.

  • Inside Tennessee's Revolutionary Data Breach Notice Law

    John Mullen

    Tennessee's recent amendment to its data breach notice law is a potential game-changer. Encryption has long been a statutory keystone of data privacy at both the state and federal level. If you encrypt it, you are likely safe. Now, maybe not, say John Mullen and Jennifer Coughlin of Lewis Brisbois Bisgaard & Smith LLP.

  • Spotlight On Spokeo: Ruling Represents Win For Businesses

    Joseph W. Jacquot

    Regardless of how the Ninth Circuit handles the remanded case, the U.S. Supreme Court’s decision in Spokeo v. Robins places new safeguards against baseless and costly class actions, and will prevent the federal courts from being used by plaintiffs lawyers for actions more appropriately left to the discretion of government enforcers, says Joseph Jacquot, a partner with Foley & Lardner and former deputy attorney general of Florida.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.