• March 4, 2015

    Leaks Show EU Privacy Reform Being Gutted, Groups Say

    European Union leaders are gutting the reform of the bloc’s data protection regime, according to privacy groups on Tuesday who obtained and analyzed leaked changes to the regulation proposed by European Council members.

  • March 4, 2015

    Wis. Village Demands Oneida Land, Railway Docs From DOI

    A Wisconsin village hit the U.S. Department of the Interior with a Freedom of Information Act complaint this week alleging the department failed to provide land and title records for Oneida Tribe of Indians of Wisconsin trust land and documents related to a railway company’s right of way across the tribe’s reservation.

  • March 4, 2015

    Sanofi Pushes 3rd Circ. To Toss Junk Fax Class Action

    Sanofi Pasteur Inc. on Wednesday asked the Third Circuit to throw out a putative class action over the company's alleged transmission of unsolicited faxes to consumers, arguing that its unaccepted offer to resolve the suit put the case to rest.

  • March 4, 2015

    Consumer Privacy Bill Of Rights Falls Short, Groups Say

    A coalition of privacy groups slammed the Obama administration’s proposed Consumer Privacy Bill of Rights in a letter Tuesday, criticizing the White House for largely leaving them out of the bill’s development and saying that the proposal falls short of protecting Americans’ privacy.

  • March 4, 2015

    Plaintiffs Split On Where To Consolidate Anthem Data Suits

    Two plaintiffs in putative class actions filed against health insurer Anthem Inc. after a massive data breach in late January urged the Judicial Panel on Multidistrict Litigation on Wednesday to consolidate dozens of related suits but disagreed on whether the litigation should be shipped to California or Indiana.

  • March 4, 2015

    Dem. Lawmakers Float Drone Privacy Bill

    Two congressional Democrats introduced a bill on Tuesday that would require commercial and recreational drone operators to register their drone use in a public database and require police to secure a warrant before using drones for surveillance.

  • March 3, 2015

    CORRECTED: Caribbean Cruise Line To Pay $500K In FTC Robocall Row

    Caribbean Cruise Line Inc. on Tuesday agreed to pay $500,000 to settle claims brought in Florida federal court by the Federal Trade Commission alleging that the company orchestrated a telemarketing campaign that bombarded consumers with billions of unsolicited robocalls. A previous version of the article stated Caribbean Cruise Line was to pay $7.7 million, not $500,000. The error has been corrected.

  • March 3, 2015

    LA Urges High Court To Revive Hotel Records Search Law

    The city of Los Angeles on Tuesday asked the U.S. Supreme Court to overturn a ruling that voided a city law allowing warrantless searches of hotel registries, saying the statute is a very narrow rule in a heavily regulated industry that is hugely beneficial to law enforcement.

  • March 3, 2015

    Facebook Hit With $5M Class Action Over Log-In Spam Texts

    Facebook Inc. was hit Tuesday in California federal court with a $5 million proposed class action accusing it of spamming cellphones and invading people's privacy with unwanted automated text messages notifying them that their accounts have supposedly been logged into.

  • March 3, 2015

    Nelson Brown, Lewis Brisbois Can't End Atty-Laptop Suit

    Embattled insurance boutique Nelson Brown & Co. and Lewis Brisbois Bisgaard & Smith LLP have failed to make headway in a suit claiming former Nelson Brown attorneys took company laptops containing clients’ confidential information when they joined Lewis Brisbois.

  • March 3, 2015

    3rd Circ. Casts Doubt On FTC's Data Security Power

    A Third Circuit panel on Tuesday appeared skeptical of the Federal Trade Commission's assertion that it has the authority to regulate Wyndham Worldwide Corp.'s data security, sharply questioning the intended scope of its powers and whether the dispute even belongs before the federal court.

  • March 3, 2015

    Petraeus To Plead Guilty To Giving Mistress Secret War Docs

    Former CIA Director David H. Petraeus will plead guilty to a federal charge of giving classified information on the war in Afghanistan to his mistress and biographer Paula Broadwell during his time at the intelligence agency's helm, court documents filed on Tuesday show.

  • March 2, 2015

    Conn. AG Launches Lenovo Probe Over Superfish Adware

    Connecticut Attorney General George Jepsen on Monday announced an investigation into Lenovo Group Ltd. in connection with pre-loaded software that could allow hackers to steal PC users’ personal information.

  • March 2, 2015

    Venable Picks Up More Legislative Expertise With Ex-Senator

    Venable LLP announced on Monday the addition of a former U.S. senator from Arkansas with experience in consumer protection, privacy and telecommunications to its legislative practice, bringing yet another elected official to the firm’s Washington office.

  • March 2, 2015

    British Telecom Giant TalkTalk Acknowledges Data Breach

    British phone and Internet giant TalkTalk Telecom Group PLC has acknowledged that it is the latest major company to suffer a major data breach, with the account information of thousands of customers being pilfered, according to Friday reports. 

  • March 2, 2015

    Food Lion Parent Strikes $3M Deal In Background Check Suit

    A class of job applicants suing Food Lion LLC’s parent company over its background check procedures asked a North Carolina federal court Monday to sign off on a nearly $3 million settlement, potentially laying to rest claims the supermarket company violated the Fair Credit Reporting Act.

  • March 2, 2015

    Chamber Slams 9th Circ. TCPA Ruling In High Court Brief

    The U.S. Chamber of Commerce has blasted the Ninth Circuit’s decision to revive a potential class action against longtime U.S. Navy advertising partner Campbell-Ewald Co. over a mass text message, arguing in an amicus brief filed with the U.S. Supreme Court that the ruling discourages settlements.

  • March 2, 2015

    BofA, GE Push Congress For Tougher Cybersecurity Regs

    General Electric Co., Bank of America Corp. and 30 other companies from a range of sectors, including banking, technology and insurance, pushed Congress on Monday for stronger cybersecurity laws, saying that frequent and sophisticated cyberattacks threaten national and economic security.

  • March 2, 2015

    Wal-Mart Smacked With TCPA Class Action Over Robocalls

    A Georgia man filed a proposed class action against Wal-Mart Stores Inc. in federal court on Friday, claiming the retail giant violated the Telephone Consumer Protection Act by making at least 33 unsolicited automated calls to his cellphone over an 11-day period.

  • March 2, 2015

    Calif. Lawmakers Introduce 'Revenge Porn' Bill

    The California attorney general on Monday announced legislation aimed at helping law enforcement crack down on “revenge porn” websites, including a bill that would allow search warrants for cyber-exploitation crimes and give police the ability to search databases to find images of victims.

Expert Analysis

  • Crunching The Numbers In NYDFS' Cybersecurity Report

    Mary Jane Wilson-Bilik

    While all insurers surveyed in the New York Department of Financial Services' cybersecurity report claimed to have engaged in penetration testing of their systems, the NYDFS noted that the results of this testing can become quickly outdated as new threats emerge, say Mary Jane Wilson-Bilik and John Pruitt of Sutherland Asbill & Brennan LLP.

  • 11th Circ. Puts Spotlight On Warrantless Cellphone Search

    Matthew Adams

    Should the Eleventh Circuit affirm the earlier panel decision in U.S. v. Davis requiring a warrant for seizure of cellular tower data, the stage will be set for the matter to be reviewed by the U.S. Supreme Court, says Matthew Adams of Fox Rothschild LLP.

  • Privacy Laws In Retro Packaging

    Shamoil Shipchandler

    The government's use of planes that trick cellphones into reporting their unique registration information and general location is yet another example of the increasing tension between privacy and security and a demonstration of how laws that are on the books do not keep up with technology, say Shamoil Shipchandler and Rachel Riley of Bracewell & Giuliani LLP.

  • 3 Questions For Hotel Cos. Buying Data Breach Coverage

    Matthew L. Jacobs

    Obtaining cybersecurity insurance is an important next step as the hospitality industry continues to incorporate information privacy and security into its “guest services.” Before applying for such insurance, a company should, among other things, evaluate its current systems and weigh the value of investing in additional technology, if necessary, say Matthew Jacobs and Jan Larson of Jenner & Block LLP.

  • Privacy Settings Won't Keep Social Media Posts Out Of Court

    Robin Perkins

    A Florida appellate court recently upheld a lower court’s order compelling the plaintiff to produce photographs originally posted to her Facebook page. This ruling in Nucci v. Target Corp. adds to the growing body of law holding that data and information posted on social media websites is not subject to special protection, say Robin Perkins and Casey Perkins of Snell & Wilmer LLP.

  • Lawsky Speech Portends Strict NY Cybersecurity Standards

    Alexander H. Southwell

    In a Feb. 25 speech, Superintendent Benjamin Lawsky of the New York Department of Financial Services advanced his view that states can play a “catalytic” role in raising cybersecurity practices, and he appears to be seeking regulation that could require third-party vendors in sectors far from the regulatory purview of the DFS — including law firms — to effectively comply with stringent cybersecurity requirements, say attorneys with... (continued)

  • 11th Circ. Widens Split Over Class Action 'Pick Offs'

    Josh Jubelirer

    After Stein v. Buccaneers Limited Partnership, the Eleventh Circuit is squarely at odds with the Seventh Circuit over whether unaccepted offers of judgment moot putative class actions if made before the motion to certify the class has been filed. Stein further emphasizes the circuit split on this issue, making it ripe for consideration by the U.S. Supreme Court, say Josh Jubelirer and Jason Stiehl of Seyfarth Shaw LLP.

  • St. Joseph Demonstrates Challenges For Breach Plaintiffs

    Doug Meal

    A Texas federal court's recent decision in Beverly T. Peters v. St. Joseph Services Corp. highlights the emerging majority view in data security breach cases that the mere heightened risk of future misuse of stolen data is too speculative to create standing for the purposes of Article III, say attorneys with Ropes & Gray LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • Data Collection Rule Repeal Will Help NJ Businesses

    Kendall L. Houghton

    Stemming from the Third Circuit's ruling in New Jersey Retail Merchants Association v. Sidamon-Eristoff, New Jersey’s amendment to remove data collection requirements provides relief not only for stored value card issuers but for all players in the SVC industry, including retailers and restaurants, say attorneys at Alston & Bird LLP.