Privacy

  • August 20, 2014

    7th Circ. Nixes Atty's RICO Suit Against Locke Lord

    The Seventh Circuit on Tuesday slammed attorney Andrew U.D. Straw’s “frivolous” appeal over a dismissal of a $15 million racketeering suit against Locke Lord LLP and one of its attorneys, filed after they requested information in a defamation dispute, and said Straw must show why he shouldn’t be sanctioned.

  • August 20, 2014

    11th Circ. To Hear LabMD, FTC Data Security Arguments

    The Eleventh Circuit said Wednesday that it has decided to hold oral arguments on LabMD Inc.'s latest bid to halt the Federal Trade Commission from policing corporate data-security standards, a dispute which the appellate court has already once refused to entertain.

  • August 20, 2014

    Users Suing Facebook Cite Judge Koh's Yahoo Privacy Ruling

    Plaintiffs who sued Facebook Inc. for allegedly violating their privacy by mining private messages urged a California federal judge on Tuesday to consider U.S. District Judge Lucy Koh’s recent order refusing to toss similar claims in a proposed class action brought against Yahoo Inc.

  • August 20, 2014

    Visa, Mastercard Severed From Target Data Breach MDL

    The Judicial Panel on Multidistrict Litigation has agreed to sever claims against Visa Inc. and Mastercard Inc. in one of a group of class actions arising from Target Corp.’s disastrous 2013 data breach, saying the claims against the credit card companies and the retailer were sufficiently different.

  • August 19, 2014

    Senator Prods Airlines To Clarify Pricing, Privacy Policies

    Sen. Jay Rockefeller, D-W.Va., on Monday launched a probe into the airline industry's pricing disclosures and data security policies by pushing United Airlines Inc., Delta Air Lines Inc. and eight others to reveal how they disclose certain additional fees and privacy practices to consumers.

  • August 19, 2014

    Community Health Heist Pulls Hospitals Into Cyberthreat Fold

    Monday's disclosure by Community Health Systems Inc. that state-sponsored hackers had stolen personal data belonging to 4.5 million patients sends a startling warning that the health industry must now also pay attention to external cybersecurity risks that have recently ensnared retailers and financial institutions.

  • August 19, 2014

    Gawker Fires Back At Insurer In Hulk Hogan Sex Tape Fight

    Gawker Media LLC struck back at an insurer's suit to recover the cost of defending the website against Hulk Hogan's privacy and copyright allegations concerning a sex tape's and associated article's publication, saying Tuesday that the insurer was obligated to defend and indemnify Gawker.

  • August 19, 2014

    FTC Approves Settlements With Fandango, Credit Karma

    The Federal Trade Commission said Monday that it has approved final orders settling charges against Fandango Inc. and Credit Karma Inc. arising from allegations that the companies failed to securely transmit sensitive personal information through mobile phone applications.

  • August 19, 2014

    Hotel Co. Asks Calif. Judge To Toss Suit Over Recorded Calls

    Six Continents Hotels Inc. on Tuesday asked a California federal court to issue summary judgment against a putative class suing it for allegedly recording their customer service phone calls in violation of the state's Invasion of Privacy Act.

  • August 19, 2014

    Group-Text App Maker Asks Calif. Judge To Dismiss TCPA Suit

    Social networking company GroupMe Inc. on Monday asked a California federal judge to dismiss a putative Telephone Consumer Protection Act class action against it, saying the plaintiff can't prove that it and another company used an autodialer to send him unwanted text messages.

  • August 19, 2014

    Gov't Says NSA Phone Spying Suit Should Be Tossed

    The U.S. government on Monday asked a Washington, D.C., federal judge to dismiss one of three lawsuits filed by a former U.S. Department of Justice antitrust attorney who is challenging the constitutionality of the National Security Agency’s collection of phone and online data records.

  • August 18, 2014

    NY Times Exits Subscription Fraud Class Action

    The New York Times Co. on Monday was dropped from a putative class action in New York federal court claiming it turned a blind eye to a subscription fraud scheme orchestrated by an outside vendor, although co-defendants Dow Jones & Co. and Forbes Inc. remain in the suit.

  • August 18, 2014

    FTC Slams Wyndham Bid For Docs On Data Breach Interviews

    The Federal Trade Commission told a New Jersey federal judge on Friday that Wyndham Worldwide Corp. can't demand the FTC's work product, saying the agency sent Wyndham all the information it could about its interviews of consumers allegedly harmed by data breaches that cost over $10.6 million.

  • August 18, 2014

    Sen. Calls For Bill To Bring Data Safeguards Into Digital Age

    A U.S. senator on Friday called for the reform of a long-standing legal doctrine excluding data users voluntarily share with third parties such as Google Inc. from the protections of the Fourth Amendment, saying the outdated principle has failed to keep pace with modern technology.

  • August 18, 2014

    Hackers Steal 4.5M Patients' Data From Community Health

    Community Health Systems Inc. said Monday that its computer network was targeted by criminal hackers who obtained nonmedical identification information of approximately 4.5 million patients who have received services from CHS in the last five years.

  • August 18, 2014

    EU Official Bashes Google Over Privacy Ruling Concerns

    The European Union's justice commissioner on Monday accused Google Inc. and others of distorting the implications of a recent high court ruling backing Internet users' right to be forgotten from search engine result indexes, categorizing their complaints as a ploy to undermine long-running privacy reform efforts.

  • August 18, 2014

    LinkedIn Strikes $1.25M Settlement In Data Breach Action

    A putative class asked a California federal court Friday to approve a $1.25 million settlement in a lawsuit alleging LinkedIn Corp. misled customers about its data protection policies in connection with a 2012 data breach.

  • August 18, 2014

    SuperValu Slammed With Suit Over Grocery Store Data Hack

    Just three days after SuperValu Inc. announced that hackers had accessed customers’ credit and debit card data at nearly 200 stores, the grocery chain was hit with a proposed class action on Monday in Illinois federal court alleging it didn’t take precautions to protect customers’ personal financial information. 

  • August 18, 2014

    Hearst Warns 2nd Circ. Deleting Old News Is A '1984' Move

    A Hearst Corp. attorney urged the Second Circuit on Monday to toss a class-action defamation suit over the media company’s refusal to remove or update online reports about criminal charges that are later dismissed, describing the case as an Orwellian attempt to rewrite history.

  • August 15, 2014

    Merchants Ignore Payment Card Guidance At Their Own Risk

    The payment card industry's self-regulatory body recently pushed retailers and other merchants to ramp up their oversight of third parties that handle cardholder data on their behalf, advice that attorneys say merchants should heed if they want to avoid post-breach scrutiny from both fellow industry members and the class action bar.

Expert Analysis

  • FCC Opinion On TCPA Consent Could Impact Debt Collectors

    Alan D. Wingfield

    Read broadly, if a recent opinion from the Federal Communications Commission is adopted it may mean that businesses can only obtain consumer consent under the Telephone Consumer Protection Act during the initial transaction giving rise to a debt if the consumer is being contacted by automated means on a cell phone, say attorneys at Troutman Sanders LLP.

  • Here's How Health IT Companies Should Comply With HIPAA

    Julia R. Hesse

    Health information technology companies are enjoying a lull in Health Insurance Portability and Accountability Act regulatory activity, which provides an opportunity to comply now since regulators are aggressively enforcing the law elsewhere, especially against entities with self-identified failures in safeguards, says Julia Hesse of Choate Hall & Stewart LLP.

  • Inside New York's Proposed Virtual Currency Regulation

    Marcus A. Asner

    New York’s proposed virtual currency rules intended to prevent money laundering and bolster cybersecurity have been met with mixed reactions and will likely trigger a lot of discussion about issues such as rooting out illegal activity without stifling innovation, say attorneys with Arnold & Porter LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Inappropriate Identity Theft Charges In White Collar Cases

    John Martin

    In their effort to take full advantage of the extra juice the aggravated identity theft statute provides them, prosecutors have increasingly used the statute in run-of-the-mill white collar crime prosecutions where no one’s identity has been stolen or misappropriated. Making things worse, most courts have backed them up, says John Martin, a partner with Garfunkel Wild PC and a former federal prosecutor.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.

  • Stay A Step Ahead Of State Data Breach Laws

    Rebecca S. Eisner

    Businesses should consider encrypting all personal information — not just the information currently required by data breach notification laws, since these laws are constantly being updated to include more elements of personal information within their scope, say Rebecca Eisner and Lei Shen of Mayer Brown LLP.

  • A Close Look At NY's New Privilege Log Rule

    Joseph B. Schmit

    In addition to significantly reducing costs incurred in the preparation of privilege logs, the new categorical approach to privilege logs in New York will allow parties to identify and frame legal issues requiring the court’s attention more clearly — thus positively impacting the efficiency of the dispute resolution process as well, say Joseph Schmit and Aaron Schue of Phillips Lytle LLP.

  • Courtroom Challenge: Preparing For A First Trial

    John S. Worden

    Trials are stressful and, while there is a certain kind of nervousness from the fear of being embarrassed among inexperienced lawyers, learning how to examine and cross-examine witnesses as well as how to craft arguments are not mechanical and can only be mastered through experience, say John Worden and Lindsey Berg of Schiff Hardin LLP.

  • NC Attempts To Address Drone Opportunities, Challenges

    Patrick Togni

    As Federal Aviation Administration delays continue, a new law regulating the use of unmanned aerial systems in North Carolina is an example of a state law response to the complex regulatory challenges posed by the anticipated increase of drone activity in the U.S., say attorneys with King & Spalding LLP.