• January 28, 2015

    Microsoft, AmEx Urge Senate To Back Cyber Info-Sharing

    Officials from Microsoft Corp. and American Express Co. urged a Senate panel Wednesday to back legislation to help them share cyberthreat information with the federal government and other companies, saying they believed privacy and security concerns about data sharing could be ironed out.

  • January 28, 2015

    AG Nom Lynch Promises Independent DOJ In Senate Hearing

    U.S. Attorney General nominee Loretta Lynch on Wednesday sought to set herself apart from contentious current Attorney General Eric Holder, as senators pressed her over her stance on immigration, financial, trade secret and cybersecurity issues, as well as a recent Internal Revenue Service scandal.

  • January 28, 2015

    DOD Moves To Safeguard Privacy With New Rules

    The U.S. Department of Defense finalized updates to its Privacy Program in Tuesday's Federal Register, introducing a series of rules aimed at balancing individual privacy with the DOD's need to collect and use personally identifiable information.

  • January 28, 2015

    Reps. Reintroduce Legislation To Protect Personal Info

    U.S. Reps. Bobby L. Rush, D-Ill., and Joe Barton, R-Texas, reintroduced the Data Accountability and Trust Act on Wednesday, which would require businesses that own or possess any personal information of consumers to implement effective information security policies and procedures to protect that information.

  • January 28, 2015

    2nd Circ. Says Hearst Doesn't Have To Delete Articles

    The Second Circuit on Wednesday rejected unusual libel claims that the defense likened to something out of the novel “1984”: that online news reports from Hearst Corp. could become retroactively defamatory because of a quirky state law that “erases” arrest records.

  • January 28, 2015

    Consumers Back Strong Privacy Rules In US-EU Trade Pact

    A consortium of prominent consumer advocacy groups on Wednesday endorsed a proposal floated by European Union lawmakers that would shield privacy rules from any effort to streamline the flow of data in the ongoing Transatlantic Trade and Investment Partnership negotiations with the U.S.

  • January 28, 2015

    EPA Wins FOIA Suit Over Farmers' Personal Info

    A Minnesota federal judge on Tuesday tossed two farm groups’ attempts to block the U.S. Environmental Protection Agency from releasing addresses and other information about large-scale animal farms under the Freedom of Information Act, ruling the information was already publicly available.

  • January 28, 2015

    Silk Road's 'Dread Pirate' Hit Up Coders For Tips, Jury Told

    A manager of computer programming haven told a Manhattan federal jury Wednesday that user Ross Ulbricht — the purported mastermind, dubbed the "Dread Pirate Roberts," behind online narcotics bazaar Silk Road — sought encryption advice from other programmers in 2012 just before changing his username to "Frosty."

  • January 28, 2015

    Sens. Move To Revive Electronic Privacy Reform Bill

    A bipartisan pair of U.S. senators on Wednesday stepped up their long-running push to update the Electronic Communications Privacy Act by announcing their plans to reintroduce legislation that would raise the bar for government access to user data stored by service providers such as Google Inc. and Facebook Inc.

  • January 28, 2015

    11th Circ. Urged To Rehear False Credit Reporting Ruling

    A consumer asked the Eleventh Circuit to review part of its decision that held Experian Information Solutions Inc. didn’t willfully violate the Fair Credit Reporting Act when it didn’t conduct further investigation of a disputed account on a consumer’s credit report.

  • January 28, 2015

    Michaels Nailed Again With Applicant Background Check Suit

    Michaels Stores Inc. on Wednesday was hit for the second time in recent weeks with a proposed class action over how the craft supply retailer notifies prospective employees about background checks, accused in a Texas federal complaint of screening employees in an illegal manner.

  • January 28, 2015

    Medtox Escapes Junk Fax Suit With Settlement Offer

    A Minnesota federal judge on Tuesday dismissed a suit claiming laboratory testing company Medtox Scientific Inc. violated the Telephone Consumer Protection Act by sending junk faxes, saying that its settlement offer provides complete relief to a chiropractic clinic.

  • January 27, 2015

    Calif. Appeals Court Backs Authors Of Ozzy Guitarist Book

    A California appeals court ruled Monday that the authors of a book on deceased Ozzy Osbourne guitarist Randy Rhoads had a First Amendment right to publish it despite claims by Rhoads' family that they used materials provided solely for a documentary film.

  • January 27, 2015

    DOJ Atty Joins Call For Google To Back Off Data Encryption

    A top U.S. Department of Justice attorney on Tuesday became the latest to criticize companies such as Google Inc. and Apple Inc. for encrypting user data, saying that she worried about a “zone of lawlessness” that would be created by law enforcement being unable to access the information.

  • January 27, 2015

    TCPA Suit Against Coca-Cola Over Texts Moves Forward

    An Alabama federal judge on Monday trimmed a proposed class action accusing Coca-Cola Inc. of violating the Telephone Consumer Protection Act by sending unsolicited texts, but allowed claims for two remaining texts in the case to move ahead.

  • January 27, 2015

    Fla. Bar Says Attys Can Advise Clients On Social Media Posts

    The Professional Ethics Committee of the Florida Bar recently issued a proposed advisory opinion determining that attorneys can advise clients to “clean up” their social media pages before litigation is filed to remove embarrassing information.

  • January 27, 2015

    FCC Commish Wants Hotels' Bid To Block Wi-Fi Axed

    Federal Communications Commissioner Jessica Rosenworcel on Tuesday pushed her colleagues to reject a bid by Marriott International Inc. and other hotels to permit interference with guests’ personal Wi-Fi networks, a call that came on the same day the regulator issued a general warning condemning Wi-Fi blocking.

  • January 27, 2015

    Retail Groups Want Data Breach Law With Broad Preemption

    Retail and technology industry representatives on Tuesday told lawmakers contemplating a new federal data breach notification law that industry groups want broad preemption language that will usurp the current patchwork of state data breach regulations.

  • January 27, 2015

    Obama Calls On FAA To Regulate Commercial Drones

    Just one day after a quadcopter drone crash-landed in his backyard, President Barack Obama said in an interview on Tuesday that the Federal Aviation Administration and other federal agencies need to create a stronger “regulatory structure” to manage the use of recreational and commercial drones.

  • January 27, 2015

    Congressman Revives Asbestos Trust Transparency Bill

    A bill that would impose new disclosure requirements on asbestos injury claims from the massive trusts charged with disbursing insolvent companies’ funds was reintroduced Monday in the U.S. House of Representatives by U.S. Congressman Blake Farenthold, R-Texas.

Expert Analysis

  • Looking At Angles Of Liability After A Cyberattack

    Thomas B. Caswell III

    Individual or class claims from employees against their employers after a cyberattack could be based on state or federal statutes and might include common law claims of negligence, invasion of privacy, breach of express or implied contract or misrepresentation. As this area of litigation expands we are likely to see additional causes of action develop, say Thomas Caswell and Judith Langevin of Zelle Hofmann Voelbel & Mason LLP.

  • Who Owns Your Company Facebook Account? #unclear

    Nary Kim

    Over 70 percent of Fortune 500 companies now maintain a Twitter or Facebook account. Like their human counterparts, companies are actively blogging, tweeting, updating their Facebook pages, and posting videos and comments on YouTube. But who owns these social media accounts, employee or employer? Turns out, it's not so clear, say attorneys with Jenner & Block LLP.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Obama's Data Breach Law Is Just What The Doctor Ordered

    Boris Segalis

    The White House's proposed single national breach notification standard — the Personal Data Notification and Protection Act — contains a number of requirements that reflect the commonalities among the various existing state breach notification laws, but also proposes some new obligations, say Boris Segalis and David Navetta of Norton Rose Fulbright.

  • D&O Coverage May Be An Asset During Data Breaches

    Sabrina N. Guenther

    While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.

  • 5 TCPA Lawsuits Of Note In 2014

    Francis Cyriac

    Last year was an iconic one for class actions involving Telephone Consumer Protection Act violations and there is no sign 2015 will be any different. To avoid TCPA lawsuits, companies should equip themselves with an intelligent predictive dialer integrated with their marketing campaigns that filters out numbers listed in the Do Not Call Registry, says Francis Cyriac of

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Can Consumers Waive Right To Revoke Consent Under TCPA?

    Amy Pierce

    Most authorities and courts agree that, under the Telephone Consumer Protection Act, consumers have the right to revoke previously given consent to be called using an autodialer or prerecorded message. More recently, however, courts have been asked to decide whether a consumer is permitted to revoke this consent where it was previously given as part of an independent contractual arrangement, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • State Of The Union Sets Stage For Privacy Legislation

    Mauricio Paez

    President Obama used the powerful State of the Union platform to advocate for new privacy legislation previously outlined during the days leading up to the address. The speech may have marked a new phase in the political discourse concerning privacy and cybersecurity, say attorneys with Jones Day.

  • FTC Consumer Protection Priorities In 2015

    John E. Villafranco

    2014 was a big year for the Federal Trade Commission, which featured a series of high-profile cases and comments from commissioners that provide a clear picture of its consumer protection priorities for 2015, chief among them data security, say John Villafranco and Jennifer Rodden of Kelly Drye & Warren LLP.