• April 17, 2015

    Rule Change Irrelevant To High Court Plea, Navy Ad Co. Says

    The U.S. Navy’s advertising partner urged the U.S. Supreme Court this week to reject an argument that recent developments had voided the court’s need to hear an appeal in the case alleging illegal recruiting via text messages, saying the logic was speculative.

  • April 17, 2015

    Bell Canada Hit With $750M Suit Over Targeted Ad Program

    Bell Mobility and Virgin Mobile customers on Thursday launched a class action in Ontario superior court seeking $750 million in damages from Bell Canada Inc. and a subsidiary for allegedly operating a targeted advertising program that unlawfully tracked, collected and sold customers' personal data.

  • April 17, 2015

    State Insurance Regulators Step Up Cybersecurity Pressure

    The National Association of Insurance Commissioners on Friday warned that state regulators are planning to more closely scrutinize insurers' data security practices, and are expecting industry members to take steps to ramp up threat information-sharing and tighten breach notification.

  • April 17, 2015

    LabMD Loses Bid To Exclude FTC Docs In Data Security Row

    An administrative law judge on Thursday shot down LabMD Inc.'s bid to block the Federal Trade Commission from introducing into the parties' data security fight new evidence related to the origin of an allegedly leaked patient file, rejecting the lab's argument that the documents were clearly inadmissible.

  • April 17, 2015

    Fraudster Tells High Court His Privacy Rights Were Trampled

    Paul R. Gunter, an English national who in January saw the Eleventh Circuit uphold his 25-year prison term for a $137 million stock and currency fraud, has told the U.S. Supreme Court the sentence was unconstitutional because the investigation that put him behind bars violated his Fourth Amendment privacy rights.

  • April 17, 2015

    Oprah Network Says Fla. Man Used Its IP In Fraud Schemes

    The Oprah Winfrey Network and President Barack Obama’s former personal aide sued a man Friday in Florida federal court claiming he used OWN LLC’s trademarks and the officers’ names to try and obtain gifts, employment and access to celebrities.

  • April 17, 2015

    Rite Aid Makes Blind Customers Recite PIN Aloud, Suit Says

    Blind customers can’t use touch-screen check-out devices at Rite Aid Corp.’s stores and have to tell their personal identification number to another person in order to make purchases with their debit cards, according to a proposed class action recently filed in New York federal court.

  • April 16, 2015

    Target, MasterCard Pact To Clear High Buy-In Hurdle

    The $19 million deal that Target Corp. announced Wednesday to resolve data breach claims brought by issuers of MasterCard-branded payment cards hinges on 90 percent of the issuers accepting the offer, a high threshold that attorneys say is likely to be met despite early skepticism from some credit unions and banks.

  • April 16, 2015

    Yelp Ruling A Win For Anonymity Despite Dodging Key Issue

    The Virginia Supreme Court ducked the key issue in a closely watched case about how much the First Amendment shields the identities of anonymous online critics, but Thursday's ruling should still make it easier for online review sites like Yelp to avoid turning over their users.

  • April 16, 2015

    HSBC Mortgage Unit Discloses Customer Data Leak

    A unit of HSBC Holdings PLC has notified New Hampshire’s attorney general that customer personal information, including names, Social Security numbers, account numbers and other data, was inadvertently posted online late last year.

  • April 16, 2015

    3rd Circ. Rules Aaron's Spying Classes Aren't Too Broad

    Consumers accusing Aaron’s Inc. and dozens of its franchisees of spying on them through leased computers were wrongly denied class certification by a federal judge who improperly determined that their proposed class couldn’t be ascertained because it was overly broad, the Third Circuit ruled Thursday.

  • April 16, 2015

    Target's MasterCard Deal Won't Become Breach Bellwether

    Target Corp.'s $19 million settlement with MasterCard International Inc. inches the retailer closer to closing the door on its massive 2013 breach, but it's unlikely to serve as a benchmark for data breach cases involving Home Depot USA Inc. and other retailers because the settlement amount is based on MasterCard's losses, attorneys said. 

  • April 16, 2015

    Senators Propose Data Breach National Standards

    A duo of bipartisan senators on Wednesday introduced a bill that aims to set national standards for how companies respond to and investigate data breaches and how and when companies are required to notify regulators and consumers about breaches.

  • April 16, 2015

    Patriot Act Spying Hurts Int'l Trade, Tech Groups Say

    Groups representing Facebook Inc., Inc. and other major technology companies said surveillance provisions of the Patriot Act have hurt the reputations of American companies abroad, in a Wednesday letter addressed to congressional leaders.

  • April 16, 2015

    Texas AG Rips Radioshack’s Plan To Sell Customer Data

    Texas Attorney General Ken Paxton on Wednesday urged the Delaware federal judge handling Radioshack Corp.’s bankruptcy not to approve the retailer’s planned asset sale because it hasn’t provided any details about customers' personal information that would be included in the sale.

  • April 16, 2015

    Reed Smith Taps Ex-McGuireWoods Privacy Pro In Chicago

    Reed Smith LLP announced Thursday that it has shored up its intellectual property practice by adding a former McGuireWoods LLP partner with experience in internal investigations, data security and privacy counseling, as well as IP, export-import and white collar litigation.

  • April 16, 2015

    Yelp Doesn't Have To Unmask Users, Va. High Court Says

    The Virginia Supreme Court on Thursday tossed out a ruling forcing Yelp Inc. to identify anonymous posters who had been accused of defamation, though it avoided the closely watched question of whether the subpoenas should have been blocked by First Amendment.

  • April 16, 2015

    LinkedIn Isn't A Consumer Reporting Agency, Judge Rules

    LinkedIn Corp. didn’t violate the Fair Credit Reporting Act with an online feature that allows businesses to check prospective employees’ references without the applicants’ knowledge, according to a California federal judge who granted the company’s motion to dismiss a proposed class action on Tuesday.

  • April 16, 2015

    Google Play User Says Hackers Stole Thousands In Purchases

    Google Inc.’s inadequate security measures allowed hackers to make thousands of dollars worth of purchases through an Android user’s Google Play account, according to a complaint filed in California federal court on Wednesday.

  • April 15, 2015

    Target Strikes $19M Deal With MasterCard Over Data Breach

    Target Corp. said late Wednesday that it has reached a $19 million settlement with MasterCard International Inc. that will allow financial institutions that issued MasterCard-branded credit and debit cards affected by the retailer’s infamous 2013 data breach to recoup their losses.

Expert Analysis

  • 5 Steps To Data Breach Coverage For Card Issuer Liability

    Roberta D. Anderson

    Target’s $19 million settlement with MasterCard underscores very significant sources of potential exposure that often follow a data breach, including claims from financial institutions seeking to recover losses associated with credit and debit cards. These potential sources of data breach and payment brand liability may, however, be covered by commercial general liability insurance, which most companies have in place, says Roberta ... (continued)

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • FCC Just Upped The Ante For Communications Cos. And FTC

    Jim Smith

    The Federal Communications Commission has been warning communications companies for months that protecting consumer privacy and information security is a top priority, and the recent announcement of a $25 million settlement with AT&T Services Inc. is a good indication of the agency’s intent to follow through on its threat with record-setting penalties, say attorneys with Davis Wright Tremaine LLP.

  • 2 Routes To Hourly Rates For Lawyers

    Gerald G. Knapton

    If we were developing a system to determine legal fees from a clean slate, we would price our professional services according to quality, efficiency and results — tasks and team would be agreed upon. Instead, we have an hourly system that discourages tight management, can lead to padded bills and includes time for work that may not have been necessary, says Gerald Knapton of Ropers Majeski Kohn & Bentley PC.

  • 3rd-Party Onlookers May Trigger Breach Of EU Privacy Laws

    Eric Walz

    The England and Wales Court of Appeals' recent decision in Google Inc. v. Vidal-Hall & Ors may foreshadow a future of new claims against businesses handling personal data within the European Union based on an expanded interpretation of the Data Privacy Act, say Jason Gonzalez and Eric Walz of Nixon Peabody LLP.

  • Cybersecurity In Asia Pacific: Planning For A Crisis

    Kyle Wombolt

    Organizations in the Asia-Pacific region were expected to spend more money dealing with cybersecurity breaches last year than any region in the world. Yet surveys found that few organizations had rehearsed for cyberattacks, and that many executives in Asia did not account for cyberattacks in their crisis management exercises, say attorneys with Herbert Smith Freehills LLP.

  • OPINION: Gov't Officials And Cybersecurity Accountability

    Jason Bonk

    In a time when cyberattacks are rampant and huge companies are spending enormous amounts of money defending data breach lawsuits, I ask again whether governmental agencies and their officials should be held to lower standards of care. This question is even more relevant now that Hillary Clinton officially launched her presidential campaign, says Jason Bonk of Cozen O'Connor.

  • Wash. Decision Illustrates Challenges For Breach Plaintiffs

    Michelle Visser

    A Washington federal court's recent decision in Lovell v. P.F. Chang’s China Bistro Inc. serves as a reminder that data breach plaintiffs face other, very real challenges over and above the initial injury hurdle, say Michelle Visser and David Cohen of Ropes & Gray LLP.

  • How To Weather Media Inquiries In High-Profile Cases

    Jolie Balido

    Avoid using “no comment” in response to a question or statement from reporters. Some reporters, particularly TV news reporters, are simply trying to elicit a reaction for a quick visual and aren’t particularly concerned with the actual answer, says Jolie Balido, president of marketing communications firm Roar Media.

  • Taking Legal Analytics To The Next Level

    Nathalie Hofman

    Sixty-eight percent of legal technology professionals expect their organizations’ investments in legal data analytics to increase over the next two years. That is just one of the results of a recent survey of more than 125 legal professionals, say Laurie Fischer and Nathalie Hofman of Huron Legal.