• November 26, 2014

    Urban Outfitters Seeks Revival Of Hanover Coverage Suit

    Retailers Urban Outfitters Inc. and Anthropologie Inc. have urged the Third Circuit to revive a coverage lawsuit over Hanover Insurance Group Inc.'s refusal to cover defense costs associated with class actions related to the collection of customers' ZIP codes, saying coverage exclusions were construed too broadly by the lower court.

  • November 26, 2014

    Staffing Cos. Sued Over No-Notice Background Check Firings

    A Kansas man on Tuesday hit two employment agencies in Maryland federal court with a proposed class action alleging that they violated the Fair Credit Reporting Act by taking adverse employment actions based on consumer reports without providing employees copies of the reports.

  • November 26, 2014

    Group Challenges NIST Refusal To Release COPPA Grant Info

    The Center for Digital Democracy on Wednesday pushed the U.S. Department of Commerce to require one of its agencies to disclose more information about a $1.6 million grant recently awarded to a compliance service provider to develop a more streamlined approach for adhering to the Children’s Online Privacy Protection Act.

  • November 26, 2014

    Senators Press FAA To Work Faster To Craft Drone Regs

    Five U.S. senators sent a letter to the Federal Aviation Administration on Tuesday urging the agency to take action in order to reach its goal of implementing regulation that would allow integration of commercial drones into U.S. airspace by September of next year.

  • November 26, 2014

    Verizon Privacy Fixes Show How To Avoid The FTC's Wrath

    The Federal Trade Commission recently dropped its probe into Verizon Communications Inc.'s alleged failure to adequately secure routers it provided to its customers, giving companies a blueprint for how to avoid sweeping consent decrees that could put their privacy practices under the agency’s microscope for decades.

  • November 26, 2014

    Spyware App Creator Sentenced In Groundbreaking Va. Case

    A Pakistani man was sentenced in Virginia federal court on Tuesday to time served for selling a spyware app that could secretly monitor calls, texts and videos on smartphones, in a case that prosecutors called the first of its kind.

  • November 26, 2014

    Calif. Court Says Edwards Wildman Can Protect Internal Docs

    A California appellate court on Tuesday overturned an order that Edwards Wildman Palmer LLP must produce documents in a malpractice suit stemming from a privacy row against the Daily Mail tabloid, saying attorney-client privilege applies to communications within a firm about a client, when the client later sues the firm.

  • November 26, 2014

    EU Regulators Push Google To Scrub Links From All Domains

    Europe’s privacy regulators said Wednesday that search engines such as Google Inc. must delete links to contested search results on a global basis and not just from EU domains in order to comply with a recent high court ruling that sanctioned users' right to request the deletion.

  • November 25, 2014

    EU Agency Warns Cos. Of Weak Web Encryption Protocols

    A European cybersecurity agency has warned businesses that many of the protocols they rely on to secure personal data that flows online are based on flawed structures that were designed years ago, and urged them to develop simpler encryption methods that fix these deficiencies. 

  • November 25, 2014

    Canadian Agency Leaks Celebrities' Tax Info To CBC

    The Canada Revenue Agency revealed detailed tax information about hundreds of Canadians, including many prominent public figures, to CBC News in a large privacy breach, the Canadian news network reported on Tuesday.

  • November 25, 2014

    State AGs Urge FTC To Strengthen Telemarketing Sales Rule

    Thirty-eight state and territorial attorneys general on Monday pressed the Federal Trade Commission to update its Telemarketing Sales Rule, saying it still doesn’t have the teeth to prevent telemarketers from deceiving consumers with tactics like novel payment methods and preacquired account information.

  • November 25, 2014

    Symantec Fires Back In Target Data-Breach Subpoena Fight

    Symantec Corp continued its attempts to convince a California federal judge to quash a subpoena seeking broad discovery in the sprawling multidistrict litigation over Target Corp.’s infamous data breach, saying Monday that the plaintiffs are burdening Symantec for their own convenience.

  • November 25, 2014

    Driver Accuses Uber Of Illegally Checking Backgrounds

    A Boston cabdriver hit Uber Technologies with a proposed class action on Monday, alleging that the mobile app-based car service routinely violates the Fair Credit Reporting Act by using background checks without applicants’ knowledge or authorization to make hiring decisions.

  • November 24, 2014

    Hinshaw Atty Fights Sanctions Bid In Geico, Bell TCPA Suit

    Government Employees Insurance Co. and affiliated debt-collection company Bell LLC fired back Monday at a plaintiff who wants them and Hinshaw & Culbertson LLP sanctioned for allegedly not cooperating with discovery orders in a Telephone Consumer Protection Act suit, saying the sanctions bid stems from sour grapes.

  • November 24, 2014

    3 Black Friday Worries For Retailers

    Retailers have to think about more than just figuring out the best way to get shoppers into their stores on Black Friday. Ensuring the protection of customer data, managing large crowds and dealing with a possible wave of worker protests at big-box stores will be at the top of retailers' minds as the big day approaches.

  • November 24, 2014

    Hospital Settles With Mass. AG Over Unencrypted Data Theft

    Beth Israel Deaconess Medical Center has agreed to pay a monetary penalty and make data security improvements to resolve the Massachusetts attorney general's claims that the hospital failed to secure patient and employee data stored on an unencrypted laptop that was stolen in 2012, the regulator said Friday.

  • November 24, 2014

    UK To Float Bill To Expand ISPs' Data Retention Duties

    The U.K. government is gearing up to unveil legislation later this week that would require Internet service providers to retain user data that may be necessary to help law enforcement identify suspects during national security-related investigations, the country's home secretary said Monday.

  • November 24, 2014

    Watchdogs Get Site Shut Down Over 70K Hacked Webcams

    The operator of a website that was streaming live video feeds from more than 70,000 webcams that lacked secure passwords shut down the operation on Monday, after being told by a coalition of global privacy regulators to take down the site or face enforcement action.

  • November 24, 2014

    EBay Must Turn Over Texts In Fla. Spamming Suit

    A Florida federal judge on Friday ordered eBay Inc.'s marketing services unit to turn over text messages it had sent to consumers on behalf of American Eagle Outfitters Inc. as class action attorneys seek to determine whether eBay is potentially liable for sending out spam messages.

  • November 24, 2014

    J&J Unit's Junk Faxes Are Ads, Not Info, Plaintiffs Say

    Physicians Healthsource Inc. told a New Jersey federal court on Friday it can’t dismiss a proposed Telephone Consumer Protection Act class action against Johnson & Johnson unit Janssen Pharmaceuticals Inc. because the alleged junk faxes sent by the pharmaceutical company aren’t informational.

Expert Analysis

  • State Law Negligence Claims May Be Coming Under HIPAA

    Philip H. Lebowitz

    The Connecticut Supreme Court's recent ruling in Byrne v. Avery Center for Obstetrics and Gynecology PC is likely to spawn similar lawsuits in the state and other jurisdictions because it provides a pathway to asserting state law negligence claims based on violations of the Health Insurance Portability and Accountability Act, say Seth Goldberg and Philip Lebowitz of Duane Morris LLP.

  • NIST Draft Info-Sharing Guide Advances Cybersecurity Debate

    Mark Krotoski

    Private sector entities reviewing the National Institute of Standards and Technology's draft guide on information sharing should focus on its recommendations surrounding sharing communities, standardized transfer mechanisms and the handling of corporate legal considerations, say Mark Krotoski and Brock Dahl of Morgan Lewis & Bockius LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Walgreen Case Opens Door For State Law HIPAA Claims

    Linn Foster Freedman

    Walgreen Co. recently suffered a major blow when the Indiana Court of Appeals affirmed a 2012 jury verdict for $1.4 million arising from a trial that uncovered sordid details of a pharmacist breaching a customer’s prescription information. The decision provides an avenue for plaintiffs to skirt the Health Insurance Portability and Accountability Act prohibition of a private right of action to go after the deep pockets of employers,... (continued)

  • ‘Tis The Season … For Data Breaches And Data Analytics

    Mike Kheyfets

    Last holiday season saw some of the biggest and costliest data breaches in the retail industry’s history. With optimistic forecasts for spending this year, retailers will no doubt once again be in hackers’ crosshairs in the coming month. Implementation of data analytics — an important but sometimes underutilized tool — can assist in all phases of incident management, say economists at Edgeworth Economics LLC.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • How Hotels Can Protect Their Proprietary Information

    David Tryon

    Storing customer contact information on the “cloud” and employees’ personal devices potentially renders the information unprotectable, unless you have clear, written policies on data usage on those devices and on social media. However, there is a better approach, says David Tryon of Porter Wright Morris & Arthur LLP.

  • Video Privacy Protection Act Could Be The New TCPA

    Behnam Dayanim

    The Video Privacy Protection Act is making itself felt in a recent wave of class actions against media companies such as Hulu LLC, Redbox Automated Retail LLC and Cartoon Network over their alleged disclosure of consumer viewing habits. Importantly, the statute — like the Telephone Consumer Protection Act — does not require actual damages, say attorneys with Paul Hastings LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.