A Cincinnati medical practice that is a plaintiff in other similar suits asked a Florida federal judge on Thursday to approve an $8.7 million deal resolving fax-spamming allegations against a medical supply company, saying it will seek the settlement payout only from the cash-strapped defendant’s former owner and its insurers.
A group of outside experts chosen by the White House to review the government's surveillance efforts is poised to issue a report that would recommend sweeping changes to the National Security Agency's leadership structure and data-retention capabilities, according to Thursday reports.
The Third Circuit agreed on Thursday to rehear a case en banc over whether law enforcement officials must obtain a warrant based on probable cause before attaching a global positioning system tracker on the vehicle of a suspect.
The head of the Federal Trade Commission on Thursday said she would continue to seek greater enforcement authority for the agency, including the power to impose civil penalties on companies arising from alleged data breach violations.
A petition by Internet privacy advocacy group The Center for Democracy & Technology on Thursday reached the support threshold it needs for the White House to respond to its call to reform a decades-old law allowing authorities, including the National Security Agency, to spy on civilian communications.
The European Union’s top legal adviser on Thursday challenged the legislature to fix the EU’s data retention law — which mandates that communications providers record and keep consumer metadata — because it doesn’t provide adequate privacy protections.
A group of privacy advocates on Tuesday asked the Federal Communications Commission to stop AT&T Inc., Verizon Communications Inc. and other phone carriers from sharing customers' call logs with third parties, even if personal details are scrubbed, saying such deals violate the Telecommunications Act.
A New York federal judge on Wednesday ordered a Turkish family that allegedly defrauded Motorola Credit Corp. of $2 billion in loans to drop bogus criminal espionage complaints against Motorola over its attempts to find out more about their finances through their email activity.
New York City on Tuesday urged the Second Circuit to reverse an overhaul of its divisive stop-and-frisk police tactics ordered in two class actions, claiming the practice is constitutional and slamming the judge in those cases for her alleged partiality.
Federal Trade Commissioner Julie Brill on Wednesday stepped up her defense of the agreement governing the transfer of commercial data between the U.S. and European Union, saying the mechanism was being unfairly targeted for revocation in light of revelations about U.S. surveillance activities.
In a reversal of prior holdings, the Second Circuit ruled last week that a 2012 U.S. Supreme Court decision trumps a New York state ban on filing class actions for statutory damages in federal court, a decision that attorneys say clears the way for an influx of federal actions under the Telephone Consumer Protection Act and similar statutes.
American financial institutions face significant risks in the absence of clear policies governing the use of social media by its employees and representatives, a U.S. government oversight agency said in advisory guidance issued Wednesday.
JustMugShots.com Corp. was hit with a putative class action in California state court Wednesday, accusing the online company of publishing mug shots and arrest data of people without consent or consideration of innocence and extorting fees from those who want to remove their information.
Several senior U.S. intelligence officials were grilled by Senate lawmakers Wednesday about ongoing reforms and potential legislative changes to government surveillance programs, in the wake of new revelations about the collection of cellphone and online gaming data.
Privacy and national security scholars on Wednesday called for the federal government to curb spending and set tougher regulations for state and local intelligence "fusion centers," claiming the suspicious activity reporting and monitoring systems haven't produced public safety results that justify the costs or the potential civil liberties violations.
A Michigan federal judge on Wednesday granted class certification to recipients of Stryker Corp. faxes promoting orthopedics seminars, advancing a Cincinnati medical practice’s claims that the device maker’s faxes violated the Telephone Consumer Protection Act by not including an opt-out notice.
Health care giant Kaiser Permanente is notifying 49,000 patients that their personal medical data may have been compromised following the loss of a thumb drive that was stored in a secured area at Anaheim Medical Center in Orange County, Calif., the company said Tuesday.
Thirteen members of the hacker group Anonymous pled guilty Thursday in a northern California federal court to charges related to their involvement in a 2010 cyberattack of eBay Inc. subsidiary PayPal Inc.’s website, the U.S. Department of Justice announced Friday.
Purported Snapchat Inc. co-founder Reggie Brown shot back Monday at claims that he improperly leaked confidential material about his suit to the media, confirming the releases but saying the information wasn’t actually secret.
House Energy and Commerce Committee leaders on Monday launched a probe into a recent data breach at the U.S. Food and Drug Administration, while urging Congress' investigative arm to separately assess the strength of cybersecurity systems at the FDA and at several other federal agencies that hold health information.
Cross-examination is not for the faint of heart — even an experienced trial lawyer may feel a surge of adrenaline facing a hostile witness and the unpredictable exchange that is inherent in cross-examination. If you follow the five laws of cross-examination, you will have a better chance of controlling the exchange, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.
To comply with California's new privacy law — which goes into effect Jan. 14 — online businesses must make sure their privacy policies clearly and accurately reflect their practices, and those of any third parties they have contracted with, concerning collection and tracking of personally identifiable information. Unless a business bars California residents from visiting its website, it will need to address the law’s requirements, says Jane Hils Shea of Frost Brown Todd LLC.
The extensive amendments to Federal Rule of Civil Procedure 45 that took effect on Dec. 1, 2013, bring welcome changes that simplify and streamline subpoena practice. In particular, the elimination of uncertainty in determining where compliance can be required and where service can be effected will reduce the effort and costs involved in issuing subpoenas, say Lawrence Friedman and Sheilah Kane of Cleary Gottlieb Steen & Hamilton LLP.
Congress clearly had email hackers in mind when it drafted the Stored Communications Act in the mid-'80s. But while courts seem to agree that the SCA protects server-resident emails if they are unopened or opened and downloaded, they are split regarding emails that are opened and not downloaded, says Pierre Grosdidier of Haynes and Boone LLP.
Although California courts after Apple v. Superior Court have declined to explicitly hold that the Song-Beverly Credit Card Act does not apply to e-commerce, a practical implication of subsequent decisions is that the collection of personal information from online transactions is more likely to be excused because it can help prevent credit card fraud, say Thomas Brown and Kristin Hall of Paul Hastings LLP.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
The statutory and regulatory framework, marketplace, infrastructure and use of health information technology has grown and changed exponentially during the 2013 calendar year — but not without practical and legal challenges ranging from Affordable Care Act implementation to fraud and data protection concerns, say Sidney Welch and Cindy Acosta at Kilpatrick Townsend & Stockton LLP.
State attorneys general gave online privacy protection increasing attention in 2013. There was mounting pressure from attorneys general to expand privacy protections, a rising number of enforcement actions and increased coordination among states, says Jason Crawford, a federal law clerk.
While data has created unprecedented opportunities, it also precipitates new risks and exacerbates old risks. To address these concerns, enterprises should create and maintain a comprehensive data inventory, which includes identifying, classifying and labeling confidential business data, says Mark Paulding of InfoLawGroup LLP.