• September 28, 2016

    EU Floats Update To Tighten Cybersecurity Export Rules

    The European Commission on Wednesday moved to update rules governing the export of cybersurveillance tools in order to make it more difficult for the dual-use technologies to be used to carry out human rights violations or terrorism, while clarifying obligations for exporters and national authorities.

  • September 28, 2016

    Former Inmates Sue Private Prison Co. GEO Over Data Breach

    Private prison company GEO Group Inc. has misplaced personal health data for hundreds of inmates, according to a class action removed to California federal court on Wednesday.

  • September 28, 2016

    Ill. Appeal Topples Neiman Marcus Credit Check Victory

    An Illinois appellate court Tuesday reversed a ruling for Neiman Marcus, saying the department store chain violated state law when it ran credit checks on potential employees.

  • September 28, 2016

    Grocer Dodges Banks' 'Highly General' Data Breach Claims

    An Illinois federal judge on Wednesday nixed a putative class action brought by financial institutions over a 2013 data breach at the grocer Schnucks, ruling that the banks' "highly general" pleadings and failure to show harm similar to what consumers experienced doomed their slew of racketeering, contract and negligence claims.

  • September 28, 2016

    1st Circ. Strikes Down NH's Voting Booth Selfie Ban

    The First Circuit struck down New Hampshire's law banning voters from sharing photographs of their completed election ballots, finding Wednesday that it violated the First Amendment.

  • September 28, 2016

    Mass. High Court Limits Police Cellphone Seizures

    Police can't seize or search a suspect's cellphone based on an inference that if more than one person committed a crime with him, the suspect would likely have used his cellphone to do so, the Massachusetts Supreme Judicial Court ruled in a precedential decision Wednesday that privacy advocates are cheering.

  • September 28, 2016

    Golfsmith's Bankruptcy Plan Raises Privacy Concerns

    Bankrupt golf retailer Golfsmith International Inc. likely needs a privacy ombudsman because its asset sales could involve the handoff of customer information that is protected by privacy policies, the U.S. trustee said Wednesday.

  • September 28, 2016

    UK Financial Co. Fined For Sending 7M Spam Texts

    A United Kingdom-based financial service provider has been fined £130,000 ($169,000) by the country’s Information Commissioner’s Office for sending more than 7 million texts marketing a new credit card on behalf of a company that didn’t have consumers’ permission, the agency said Wednesday.

  • September 28, 2016

    2nd Circ. Upholds Cell Data Subpoena In Carpenter’s Firing

    The Second Circuit on Tuesday affirmed a lower court's order that upheld the firing of a former carpenters union member who lost his union gig for collecting benefit contributions from his employer when cell phone data showed him away from the job site, concluding the shop steward should never have taken the payments.

  • September 28, 2016

    DOJ May Withhold Docs From ACLU In Surveillance Case

    A New York federal judge rejected the American Civil Liberties Union’s request to compel the U.S. Department of Justice to release documents concerning warrantless surveillance evidence in criminal cases, agreeing Tuesday that various DOJ National Security Division internal records constituted attorney work product not subject to the Freedom of Information Act.

  • September 27, 2016

    DOJ's National Security Head To Step Down, Agency Says

    John P. Carlin, the head of the U.S. Department of Justice’s National Security Division who oversaw handling of terrorism cases ranging from the Boston Marathon bombing to the recent explosions in New York and New Jersey, will be stepping down from his position effective Oct. 15, the agency said Tuesday.

  • September 27, 2016

    Facebook Can't Collect WhatsApp Data: German Regulator

    A German data protection regulator on Tuesday ordered Facebook to stop using and immediately destroy any data on German users that it had obtained from its subsidiary WhatsApp, saying that the new data-sharing arrangement flies in the face of the duo's earlier promises to keep the information separate.

  • September 27, 2016

    FTC Heads Face Senate Scrutiny Over Data Security Approach

    The heads of the Federal Trade Commission on Tuesday defended their recent decision to continue to press data security claims in a case where no consumers suffered financial harm, although they did push U.S. Senate lawmakers for additional powers to close gaps in their ability to regulate privacy issues.

  • September 27, 2016

    Hartford, Cincinnati Beat Doc's TCPA Coverage Bid

    A Missouri federal judge has ruled that a Hartford unit and Cincinnati insurance Co. don't have to defend a Chicago-area medical office against proposed class claims that it violated the Telephone Consumer Protection Act by sending unsolicited faxes, saying the underlying allegations fall squarely within TCPA exclusions in the insurers' policies.

  • September 27, 2016

    Insurers Say Cancer Center On Its Own In Data Breach Suits

    Charter Oak Fire Insurance Co. and Travelers Property Casualty Co. of America asked a Florida federal court Monday to rule that they have no duty to defend 21st Century Oncology cancer centers in suits stemming from a September 2015 data breach that affected nearly 2 million clients.

  • September 27, 2016

    Commerce Secretary Wants To Talk About Cyber Threats

    U.S. Secretary of Commerce Penny Pritzker wants business and government to talk more candidly about cybersecurity threats by making it easier for companies and institutions to acknowledge emerging cyber attacks without being reprimanded, the commerce secretary said on Tuesday.

  • September 27, 2016

    Viacom Says It Told Parents Truth About Child Tracking

    Viacom Inc. asked for summary judgment Monday in a putative class action over Nickelodeon’s alleged internet tracking of children under 13, telling a New Jersey federal court there's no evidence to support claims that Viacom misled parents as to its privacy practices.

  • September 27, 2016

    Groups Blast 'Intrusive' TSA Body Scanner Rule At DC Circ.

    The Competitive Enterprise Institute and the Electronic Privacy Information Center both told the D.C. Circuit on Monday that the Transportation Security Administration's recent final rule on airport body scanners downplays the technology's intrusiveness and has actually heightened travel risks by inducing people to drive instead of fly.

  • September 27, 2016

    Nationwide Asks 6th Circ. To Rethink Hacking Suit Revival

    Nationwide Mutual Insurance Co. asked the Sixth Circuit on Monday to rethink its ruling that revived a putative class action over a 2012 data breach, saying the panel majority's decision conflicts with past circuit and high court rulings.

  • September 27, 2016

    Sens. Demand Answers From Yahoo Chief On Breach

    Six U.S. senators demanded Tuesday that Yahoo chief Marissa Mayer share her plans for preventing another data breach like the 500-million-account hack disclosed last week and brief them on any warnings received from U.S. officials during the two years the intrusion went unrevealed.

Expert Analysis

  • OPINION: Level The Chemical Playing Field

    Ron Katz

    Hacked World Anti-Doping Agency emails show that well-known athletes, including Olympic gold medalist Simone Biles, were taking prohibited drugs with WADA's permission under "therapeutic use exemptions." The primary problem with TUEs is that they are not at all transparent, says Ron Katz of Manatt Phelps & Phillips LLP.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Moles, Bugs, Whistleblowers: Spycatcher In The 21st Century

    Timothy G. Nelson

    A disenchanted ex-spy, living in exile, denounces the intelligence agency that once employed him, accusing it of illegal wiretapping, cover-ups and worse. His "whistleblowing" spawns books, documentaries and movies. His detractors brand him a scoundrel and a traitor. Although this resembles current events, it happened in the mid-1980s. He was Peter Wright, and his book was "Spycatcher," says Timothy Nelson of Skadden Arps Slate Mea... (continued)

  • Why Have Lawyers Forgotten About The Middle Class?


    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Small-Breach Focus Shows Growing Scope Of HIPAA Probes

    Joanna Bergmann

    Flexing more enforcement muscle, the U.S. Department of Health and Human Services recently announced it will more widely investigate breaches of protected health information affecting fewer than 500 individuals. As a result, health care providers and other covered entities and their business associates should expect an uptick in the volume of enforcement actions triggered by small-scale breaches, say attorneys with Ropes & Gray LLP.

  • You Don’t Need A Data Breach To Face Regulatory Scrutiny

    Kim Peretti

    One side effect of the rise in bug bounty programs, and disclosures by security researchers and others, is a commensurate increase in publicly known security vulnerabilities that can lead to increased scrutiny from regulators and the plaintiffs bar, says Kim Peretti, co-leader of Alston & Bird LLP's cybersecurity preparedness and response team.

  • 9th Circ. Limits CDA Immunity From Failure-To Warn-Cases

    Tyler Newby

    Although the Ninth Circuit's recent opinion in Beckman v. is unpublished, it creates a potentially troubling gap in the Communications Decency Act immunity protecting online services from suits based on the conduct of their users, say Tyler Newby and Hanley Chew of Fenwick & West LLP.

  • OPINION: Trump Wrong But Stop-And-Frisk Still Constitutional

    Katherine A. Macfarlane

    Republican presidential candidate Donald Trump said he would reduce crime in black communities by implementing stop-and-frisk practices nationwide, claiming that they worked “incredibly well” in New York. It's almost too easy to point out why he is wrong, but criticism that stop-and-frisk is unconstitutional misses its mark. The practice was legitimized 50 years ago by the U.S. Supreme Court, says Katherine Macfarlane, a professor ... (continued)

  • Wearable Device Data As Evidence In Employment Cases

    Karla Grossenbacher

    Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment, say Karla Grossenbacher and Selyn Hong of Seyfarth Shaw LLP.

  • How Tribes Can Avoid Gambling With Casino Patrons' Data

    Erica J. Dominitz

    While all organizations, regardless of size, are vulnerable to data breaches, casinos are particularly attractive targets for cybercriminals for obvious reasons. Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP outline the steps that casinos should take in order to secure adequate cyberinsurance and protect themselves from cyberlosses.