• October 20, 2014

    SIFMA Urges Regulators To Coordinate Cybersecurity Push

    A securities industry trade group asked regulators Monday to create a White House-led working group as agencies build new cybersecurity frameworks, in order to avoid creating a regulatory tangle in the wake of massive data breaches like one that affected more than 76 million JPMorgan Chase & Co. customers this summer.

  • October 20, 2014

    Senators Want To Explore Security On 'Internet Of Things'

    A bipartisan group of U.S. senators on Monday called on the leaders of the Senate Commerce, Science and Transportation Committee to hold a hearing before the end of the year to probe the privacy and data security risks posed by the growing connectivity of everyday devices to the “Internet of Things.”

  • October 20, 2014

    Half US Retail Terminals To Take Chip Cards By 2016: Report

    A group of top financial institutions said Friday that nearly half of U.S. merchant terminals will accept microchip-enabled credit and payment cards by the end of 2015, as a string of data breaches at retailers and restaurants have pushed the industry to adopt more secure payment card technology.

  • October 20, 2014

    Justices To Hear Challenge To LA Hotel Registry Search Law

    The U.S. Supreme Court on Monday agreed to review a Ninth Circuit decision striking down a Los Angeles law allowing warrantless searches of hotel registries, in a case that could determine when Fourth Amendment facial challenges are permitted against such local laws.

  • October 17, 2014

    Senate Urged To Pass Cybersecurity Bill Amid Breaches

    The commission convened to probe the Sept. 11 terrorist attacks is urging the U.S. Senate to immediately enact cybersecurity legislation to boost the sharing of threat information between the private and public sectors, saying recent retail data breaches and Internet security bugs have delivered clear warnings that cannot be ignored.

  • October 17, 2014

    Health Care Patients Want Data Breach Suits Consolidated

    Former patients suing Community Health Systems Inc. for failing to secure their personal information, which may have been accessed by hackers, asked the U.S. Judicial Panel on Multidistrict Litigation on Friday to consolidate five related class actions in Alabama federal court.

  • October 17, 2014

    Privacy Regulators Unite In Push For Big Data Transparency

    A coalition of international data protection regulators on Thursday pushed companies to be more transparent about how they are collecting and using vast troves of data being scooped up by emerging technologies such as the “Internet of Things,” while vowing to step up cooperation on enforcement matters.

  • October 17, 2014

    Whisper App Rebukes Guardian's Location Tracking Claims

    Anonymous secret-sharing app Whisper on Thursday blasted a report in the Guardian newspaper that the service surreptitiously tracks users' location and shares data with the U.S. Department of Defense, saying the allegations are “a pack of vicious lies” and “lousy with falsehoods.”

  • October 17, 2014

    'It Wasn't Me' Defense Holds Promise For Snapchat, Dropbox

    Snapchat Inc. and Dropbox Inc. recently responded to purported user-data thefts by asserting the compromised information was lifted from unaffiliated third parties and not their own servers, a defense that attorneys say likely would protect them in breach litigation, as long as they have robust internal security controls and no connection to the third parties.

  • October 17, 2014

    Obama Embraces ‘Chip And Pin’ Cards In Cybersecurity Push

    President Barack Obama on Friday signed an executive order aimed at boosting U.S. cybersecurity, including a requirement that all federally issued credit and debit cards come with so-called “chip and pin” technology and that federal government agencies accept such cards.

  • October 16, 2014

    Heartland Says Texas Law Bars Banks' Data Breach Claims

    Heartland Payment Systems Inc. asked a Texas federal judge on Wednesday to throw out negligence claims brought by a number of credit-card issuing banks and credit unions over a notorious 2008 data breach, saying the claims are barred by the economic loss doctrine of both Texas and New Jersey.

  • October 16, 2014

    Fla. Justices Restrict Police Tracking Of Real-Time Cell Data

    Florida's high court on Thursday ruled that state police unlawfully stopped and arrested a man for possession of more than 400 grams of cocaine in 2007, because they didn't have a warrant to monitor his real-time cellphone data, which is protected by the Fourth Amendment.

  • October 16, 2014

    Wyndham Attracts Outside Support In FTC Data Security Row

    The U.S. Chamber of Commerce, the Washington Legal Foundation and several other entities are throwing their support behind Wyndham Hotel & Resorts LLC in its Third Circuit challenge to the Federal Trade Commission's data security authority, arguing that the regulator has overstepped its mandate and is unfairly targeting breached entities.

  • October 16, 2014

    2nd Circ. Revives TCPA Suit Against Debt Collector

    The Second Circuit on Thursday revived a man's suit alleging a debt collection agency violated the Telephone Consumer Protection Act by repeatedly calling his cellphone to collect on his deceased mother-in-law’s electric bill, saying the man did not give prior consent for the calls.

  • October 16, 2014

    Agencies Still Lag In Cloud Contract Cybersecurity: Report

    Despite a June 2014 deadline for new cybersecurity standards in cloud computing contracts, the lack of an enforcement mechanism has allowed many federal agencies to lag far behind in meeting the security standards, according to a recent report by federal inspectors general.

  • October 16, 2014

    Dollar General Coughs Up $4M To End Background Check Suit

    Discount retail chain Dollar General has agreed to pay $4 million to settle a proposed class action claiming it didn’t properly notify more than 200,000 job applicants they would be screened by background checks, a Virginia federal court filing revealed Wednesday.

  • October 15, 2014

    Google Researchers Uncover 'Poodle' Web Encryption Bug

    A trio of Google Inc. researchers said Tuesday they had discovered a new vulnerability that they have dubbed "Poodle" in a popular encryption standard used to secure online traffic, marking the third major Internet security bug that has been uncovered since April.

  • October 15, 2014

    DOJ Antitrust Leader Joins Morgan Lewis & Bockius

    The U.S. Department of Justice's assistant chief for antitrust crimes, a longtime DOJ leader who also has a specialty in cybersecurity, has joined Morgan Lewis & Bockius LLP as a litigation partner, the firm announced on Monday.

  • October 15, 2014

    2nd Circ. Questions NYPD Union's Stop-And-Frisk Appeal

    A Second Circuit panel on Wednesday cast doubt on a request by New York City police unions to intervene in a class action that successfully challenged the constitutionality of stop-and-frisk street tactics, noting that the city has already settled the case and dropped its appeal.

  • October 15, 2014

    Jones Day, CVS Web Conferences Mistakenly Open To Public

    Jones Day, Charles Schwab & Co., CVS Health and dozens of other major companies have failed to password-protect meetings hosted through Cisco Systems Inc.’s WebEx conference system, making internal private discussions available to the general public, a prominent security blogger has said.

Expert Analysis

  • DOJ Puts Cybersecurity Info-Sharing Policy Into Practice

    Anne Rodgers

    In response to a business review request, the U.S. Department of Justice recently announced that it will not challenge a proposed cyberintelligence data-sharing platform. The analysis offers further guidance into the DOJ’s future enforcement of the antitrust laws in the cyber information-sharing arena. And it could not be more timely, say attorneys with Norton Rose Fulbright.

  • 5 Takeaways From The New Cybersecurity Executive Order

    Lisa Ledbetter

    President Obama signed an executive order on Friday that requires federal agencies to apply enhanced security features to government payment cards. The administration views chip-and-PIN technology as a significant step forward, but such technology does not provide protection in online, mail and telephone order purchases, and does not eliminate the risk of a security breach, say attorneys with Jones Day.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Culling Consent From 11th Circ. TCPA Case

    David N. Anthony

    After the Eleventh Circuit's opinion in Mais v. Gulf Coast Collection Bureau Inc., businesses can rely on Federal Communications Commission rulings on debt collection as guidance on how to obtain consent for automatic telephone dialing systems, say attorneys at Troutman Sanders LLP.

  • Inside Delaware's New Laws On Destroying Consumer Info

    Sharon Klein

    When companies that conduct business in Delaware make their 2015 New Year’s resolutions, they should be sure to add compliance with two new laws that create potential liability for companies that fail to properly destroy records or documents that contain personal identifying information, say Sharon Klein and Stephen Jenkins of Pepper Hamilton LLP.

  • 5 Essential Legal Considerations For Cos. Developing Apps

    Armand Zottola

    App development can bring great opportunity, visibility and income to a company. But there are some pronounced or unique intellectual property, ownership, privacy, data security and advertising considerations that a company should keep in mind, say Armand Zottola and Morgan Brubaker of Venable LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • Time To Step Up Your COPPA Compliance

    Julia Siripurapu

    The Federal Trade Commission has made good on its promise to actively enforce the recently amended Children’s Online Privacy Protection Act. The latest enforcement actions against Yelp Inc. and TinyCo Inc. might affect your business, say Cynthia Larose and Julia Siripurapu of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • A Reminder That 'Relatedness' Cases Are Fact-Specific

    Jan A. Larson

    The recent pro-coverage ruling in RSUI Indemnity Company v. Sempris LLC and Provell Inc. is due to the case's factual differences, which were critical against a backdrop of strong Delaware precedent supporting a broad interpretation of common “relatedness” policy language, says Jan Larson of Jenner & Block LLP.