• August 1, 2014

    Facebook Slapped With Privacy Class Action In Austria

    Facebook’s Irish unit was hit Thursday with the Austrian equivalent of a class action accusing the social networking site of disregarding its users’ privacy rights, including through support of U.S. government surveillance efforts, the latest volley against Facebook from a Viennese privacy activist.

  • August 1, 2014

    Cuomo Signs Bill That Closes 'Revenge Porn' Legal Loophole

    New York state has made it easier for victims of “revenge porn” to have their tormentors prosecuted with a bill signed into law Friday by Gov. Andrew Cuomo, closing a loophole that had previously stymied police when such broadcasts did not contain images of people's intimate parts.

  • August 1, 2014

    Dairies Sue EPA To Keep Contamination Docs Under Wraps

    Four Washington state dairies on Thursday alleged the U.S. Environmental Protection Agency improperly released confidential business information as part of a public records request from an environmental organization concerned about pollution from the facilities.

  • August 1, 2014

    Capital One, 3 Others Settle TCPA Action For Record $75M

    Capital One Financial Corp. and three collections agencies have agreed to pay almost $75.5 million to settle a consolidated class action alleging they used an automated dialer to call customers’ cellphones without consent, a settlement attorneys say is the largest ever under the Telephone Consumer Protection Act.

  • July 31, 2014

    Google Says Websites Deserve To Know About Link Removals

    Google Inc. on Thursday pushed back at European regulators' criticism of its decision to tell website operators when links to their content have been removed from search engine results at a user's request, saying the notification was vital to ensuring that deletion requests are legitimate.

  • July 31, 2014

    FTC's Wright Says Costs Of Apple Case May Exceed Benefits

    The Federal Trade Commission's Joshua Wright criticized the agency on Thursday for relying on inadequate cost-benefit analyses to bring forward consumer protection enforcement actions, saying a recent case over Apple mobile application purchases may impose greater compliance costs for negligible consumer benefits.

  • July 31, 2014

    Microsoft Must Cough Up Data Stored Overseas, Judge Rules

    A New York federal judge on Thursday rejected a bid by Microsoft Corp. and other major service providers to quash a magistrate judge's ruling that the government can use search warrants to obtain user data stored outside the U.S., concluding that the Stored Communications Act was intended to reach overseas.

  • July 31, 2014

    Target Taps Ex-Pepsi Exec As CEO Amid Post-Breach Woes

    Target Corp. on Thursday named former PepsiCo Inc. executive Brian Cornell as its next chairman and CEO, signaling the start of a new era for the struggling retailer, which is still facing litigation over last year's massive data breach.

  • July 31, 2014

    CIA Admits To Improperly Spying On Senate Computers

    The Central Intelligence Agency has learned through an internal investigation that its officers improperly searched and removed documents from a Senate Select Committee on Intelligence computer network that was being used to investigate the CIA’s detention program, the agency said Thursday.

  • July 31, 2014

    Rite Aid Beats Applicants' Background Check Suit

    A Pennsylvania federal judge on Wednesday tossed a class action filed over Rite Aid Corp.’s pre-employment background checks on the grounds that the plaintiffs failed to sufficiently state a claim, but gave the class 15 days to amend the complaint.

  • July 31, 2014

    EFF Presses Va. High Court To Keep Yelp Posters Anonymous

    The Electronic Frontier Foundation on Wednesday backed Yelp Inc. in its appeal to Virginia’s high court to avoid disclosing the identities of several reviewers who bashed a carpet cleaning company on the website, saying there wasn’t enough evidence to override the reviewers’ right to anonymous speech under the First Amendment.

  • July 30, 2014

    Mugshots Website Says Free Speech Bars Class Action Corp. urged a California judge on Wednesday to toss a putative class action alleging the website violated arrestees' publicity rights by publishing mugshots and arrest data without consent and charging to remove the information, saying the site is protected under the First Amendment because it provides a public service.

  • July 30, 2014

    11th Circ. Ruling On Gun Gag Law Could Affect Speech Rights

    With the Eleventh Circuit's recent ruling backing Florida's “gun gag” law restricting doctors from asking patients about firearm ownership, First Amendment experts fear that the decision will be used to encroach on private speech not just by doctors but also by lawyers and other licensed professionals.

  • July 30, 2014

    Field Fisher Nabs Bristows Pro To Head Privacy Team

    Field Fisher Waterhouse LLP has snagged a leading data protection and information technology attorney from Bristows LLP to head its privacy team in London, the firm said Tuesday.

  • July 30, 2014

    EU, Google In Power Struggle Over 'Right To Be Forgotten'

    European privacy regulators are already criticizing Google Inc. and other search engines for their implementation of this spring's controversial decision giving consumers the "right to be forgotten" on the sites, a sign the two sides are headed for a potentially yearslong battle over how to balance users' privacy with the public's right to know certain information.

  • July 30, 2014

    Sens. Float Bill To Bolster Student Privacy Protections

    A pair of U.S. senators on Wednesday introduced bipartisan privacy legislation that would require schools that receive federal funding to take steps to ensure that the student data they share with third parties is adequately protected and not used for advertising or marketing purposes.

  • July 30, 2014

    Tor Says Cyberattack Compromised Users' Online Anonymity

    Internet identity-masking network Tor has discovered a security breach that may have compromised the anonymity of its users by enabling attackers to track and decode their online browsing activities, the service said Wednesday.

  • July 30, 2014

    NYPD Unions Denied Bid To Pursue Stop-And-Frisk Appeal

    A Manhattan federal judge on Wednesday rejected police unions' bid to defend the constitutionality of stop-and-frisk tactics on appeal and accepted a deal between the city and plaintiffs who successfully claimed their rights were being trampled by the now-shelved anti-crime policy.

  • July 30, 2014

    Bill Seeks To Rein In Volume Of Classified Information

    Rep. Bennie G. Thompson, D-Miss., and Sen. Ron Wyden, D-Ore., said Tuesday they have introduced legislation to rein in the exploding volume of information classified by the government, saying the overuse of classification is too costly and could lead to invasive programs to monitor security clearance holders.

  • July 30, 2014

    Ex-News Of The World Editors Charged In Phone Hack Sting

    British prosecutors on Wednesday charged two more former editors at defunct tabloid News of the World as part of a wide-ranging investigation into alleged phone hacking at Rupert Murdoch’s News Corp. media empire.

Expert Analysis

  • Calif. Narrows Scope Of Medical Info Privacy Law

    Adam Greene

    The California appeals court decision in Sutter Health v. The Superior Court of Sacramento County and Dorothy Atkins is very good news for California health care providers because it substantially increases the burden on plaintiffs in health information breach cases, say Adam Greene and Jeanne Sheahan of Davis Wright Tremaine LLP.

  • Video Game Cases May Break New Right-Of-Publicity Ground

    Scott Sholder

    As the recent California lawsuit Manuel Noriega v. Activision Blizzard Inc. shows, some unanticipated and even notorious public figures could try to capitalize on what they deem to be unlicensed uses of their personas, even to the point of seeking to collect damages all the way from a South American prison, says Scott Sholder of Cowan DeBaets Abrahams & Sheppard LLP.

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • Gloves Off, Glasses On: Google Glass In The Workplace

    Khurram Nasir Gore

    To address the privacy risks wearable technologies like Google Glass present, corporate legal departments must develop or revise existing accessible-use policies based on intended use by, for example, restricting third-party applications and recording features, say Khurram Nasir Gore and Frederick Lah of Reed Smith LLP.

  • The Risks Posed By Anonymous Social Apps

    Susan McLean

    Users of new social media apps like Secret, Whisper and Yik Yak should not be lulled into a false sense of security simply because these apps purport to be anonymous — they may even be riskier than traditional social media platforms because anonymity may create an environment where users feel free to behave recklessly, says Susan McLean of Morrison & Foerster LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • Does 'Consent' Survive Cellphone Number Recycling?

    Perrie M. Weiner

    The new Twitter case in the Northern District of California raises interesting issues regarding the Telephone Consumer Protection Act’s concepts of “consent” and “called party” that have not yet been finally determined by either the courts or the Federal Communications Commission, say attorneys with DLA Piper LLP.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Watch Out For The 'Man In The Email'

    Susan Linda Ross

    Retailers, when is the last time you spoke with your bank about security? Now may be a good time, according to the FBI and the Internet Crime Complaint Center. A new email scam has been targeting CTOs, CFOs and comptrollers in particular, says Sue Ross of Norton Rose Fulbright.

  • High Stakes In Play With Rule 68 Decisions

    David Carpenter

    This week, the Eleventh Circuit will hear appeals in two Telephone Consumer Protection Act cases centered on whether a Rule 68 offer of judgment can completely moot a class action. While the court may follow suit and adopt either the Seventh Circuit or Ninth Circuit rule, the door is open for a decision that changes the class action landscape, say David Carpenter and James Cash of Alston & Bird LLP.