• March 27, 2015

    9th Circ. Won’t Revive Suit Over IMDb Posting Actress's Age

    The Ninth Circuit on Friday refused to revive a case accusing of breaching its subscriber agreement by publishing the age of an actress on her profile page, despite the plaintiff’s argument that she didn’t get a fair trial.

  • March 27, 2015

    Strip Club Still Facing Junk Text Suit As 3rd Party Settles

    The company responsible for sending the text messages in a proposed class action alleging a Las Vegas strip club peppered consumers with spam texts has escaped the suit via a settlement, but Sapphire Gentlemen’s Club is still on blast.

  • March 27, 2015

    Paramount Beats FCRA Suit Over Job Seeker Credit Checks

    Paramount Pictures Corp. escaped a putative class action when a California federal judge ruled it hadn’t violated the Fair Credit Reporting Act by getting credit reports on current and prospective employees without providing a separate release form, according to an order issued Thursday.

  • March 27, 2015

    NJ OKs Bill Restricting Access To Car Recording Devices

    The New Jersey General Assembly unanimously approved a bill Thursday 73-0 that would limit access to data from recording devices in automobiles that capture information about the driver's activity to car owners and certain qualified individuals and officials.

  • March 27, 2015

    Google Must Face Safari User-Tracking Claims In UK Court

    A British appellate court affirmed Friday that Google Inc. harmed users of Apple Inc.'s Safari browser by collecting their information without permission and selling it to advertisers, rejecting Google's claims that English courts lacked jurisdiction.

  • March 27, 2015

    DOD Will Turn Over Prisoner Abuse Photos To ACLU

    After an 11-year legal battle waged by the American Civil Liberties Union, the U.S. government will hand over photos relating to prisoner abuse in U.S. facilities in Iraq and Afghanistan following a New York federal judge’s order for their release, the U.S. Attorney’s Office said Friday.

  • March 27, 2015

    Australia OKs Data Retention Bill Despite Privacy Concerns

    The Australian Parliament on Thursday passed a data retention bill that will require telecommunications providers to retain certain types of metadata for two years, amid heavy criticism from opposition parties and privacy hawks that the legislation oversteps the mark by "entrenching" mass surveillance.

  • March 27, 2015

    Kohl's Escapes Class Action Over Unwanted Phone Calls

    A Wisconsin judge on Thursday dismissed a proposed class action accusing Kohl's Corp. of violating federal law that prohibits businesses from sending unsolicited phone calls, saying the customer who brought the complaint must arbitrate her claims individually per the terms of the store credit card she signed up for.

  • March 27, 2015

    Walgreen To Pay $11M To End Prescription Robocall Suit

    Walgreen Co. has agreed to pay $11 million to end a class suit accusing it of violating the Telephone Consumer Protection Act by placing robocalls to customers' cellphones with prerecorded prescription reminder messages, according to documents filed Thursday in Illinois federal court.

  • March 26, 2015

    Premera Blue Cross Sued Over Massive Data Breach

    Premera Blue Cross, one of the largest health insurers in the Pacific Northwest, was hit with a proposed class action Thursday in Washington federal court accusing it of negligence after a data breach potentially exposed the personal data of 11 million customers.

  • March 26, 2015

    Bill Allowing Employer Access To Workers' Social Media Nixed

    Arkansas legislation that would have allowed some employers to force workers to add them on social media accounts died in a state Senate committee on Wednesday, after it had passed the Arkansas House of Representatives by an overwhelming majority in February.

  • March 26, 2015

    Cellphone Users Win Cert. In GE Capital Spam-Calling Suit

    A California federal judge on Thursday certified a nationwide class of cellphone users who allege they received multiple unwanted debt collection calls from GE Capital Retail Bank even though they weren't customers, which they say violated the Telephone Consumer Protection Act.

  • March 26, 2015

    Journalist Suing Law Firm Over Video Must Use Real Name

    A D.C. federal judge on Thursday ordered a journalist suing Bernabei & Wachtel PLLC over the firm’s sharing of her video of alleged sexual harassment in a related suit to provide her real name if she wants to proceed with her claims against the firm.

  • March 26, 2015

    House Bill Would Give Cos. 30 Days To Notify Of Data Breach

    A Democratic U.S. Representative on Thursday announced that he was introducing cybersecurity legislation that would give businesses, with some exceptions, 30 days to notify customers after discovery of a data breach.

  • March 26, 2015

    State AGs Keep Eye On RadioShack Customers' Personal Data

    With the personal data of 117 million customers potentially up for grabs in RadioShack Corp.’s bankruptcy auction, state attorneys general are keeping a close watch on the auction.

  • March 26, 2015

    Funk Icon's Ex-Partner Sues Stroock Over 'Malicious' Suit

    A long-standing legal feud between funk mystic George Clinton and his ex-business partner continued Wednesday in a lawsuit filed alleging malicious prosecution, invasion of privacy and defamation springing from a previous litigation over master recordings of Parliament music.

  • March 26, 2015

    LabMD Fights FTC Bid For New Exhibits In Data Security Row

    LabMD Inc. has blasted the Federal Trade Commission's conduct in its data security fight with the former medical testing firm, saying the agency should be barred from introducing new proposed exhibits containing information from Tiversa Holding Corp. since it previously failed to secure the information under a 2013 subpoena.

  • March 26, 2015

    Privacy Litigator To Join Jones Day In San Francisco

    Jones Day announced on Thursday that it is adding a cybersecurity litigation expert, who previously served as special assistant attorney general in the California attorney general's office, as partner to its business and tort litigation practice in the firm's San Francisco office.

  • March 25, 2015

    Data Privacy Bill Clears First Hurdle In House

    A House subcommittee on Wednesday pushed through a bipartisan data security and breach notification bill that aims to establish a nationwide standard for protecting consumers’ personal information from hackers and reporting breaches.

  • March 25, 2015

    EU Eyes Copyright, Data Reforms For Digital Unity

    The European Commission laid out a wide-ranging plan Wednesday to create a unified digital market across the European Union that would modernize copyright law, simplify sales tax schemes, push for new data protection rules and attack online geographic price discrimination.

Expert Analysis

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • 5 Key Privacy Considerations For All Companies

    Adam Solander

    Privacy and security are closely intertwined, but securing information from outside intrusion may not provide the privacy protections you need, say Adam Solander and Patricia Wagner of Epstein Becker & Green PC.

  • Another Reason To Be Careful With Med. Records Subpoenas

    Susan Huntington

    The Connecticut Supreme Court's decision in Byrne v. Avery Center is getting a lot of attention for allowing state negligence claims based on noncompliance with Health Insurance Portability and Accountability Act standards. For health information management professionals, however, the case underscores the need to resist releasing clinical information merely on the basis of a subpoena or at the insistence of an attorney, says Susan ... (continued)

  • Top Tips For Data Breach Readiness And Response

    Elizabeth C. Rogers

    Until Congress agrees on uniform responsibilities and liabilities for data breaches, companies operating in the U.S. must traverse a patchwork of laws in 47 states and the District of Columbia. Still, firms can and should develop a written information security response plan and maintain relationships with breach response vendors, say Elizabeth Rogers and Alan Sutin of Greenberg Traurig LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • 6 Challenges In Leveraging Federally Sourced Health Data

    Jennifer S. Geetter

    The Centers for Medicare and Medicaid Services' dual and equivalent goals of data protection and data use promotion are to be applauded, but several concerns remain over how to effectively leverage federally sourced health data, say Jennifer Geetter and Ariane Tschumi of McDermott Will & Emery LLP.

  • Don't Click On That Link! Your Data May Depend On It

    Randi W. Singer

    Cybersecurity is the ultimate team sport and every person in a company — from a corporate director all the way down to an entry-level employee — needs to be aware of spear phishing, which is often the easiest route into a sophisticated computer network, say Paul Ferrillo and Randi Singer of Weil Gotshal & Manges LLP.

  • 3 Ways To Curb Insider Threats Without Alienating Employees

    Thom Ottoson

    Insider threats may be the most grievous of threats companies face because they always come from a trusted individual. But not all trusted individuals should be subject to scrutiny all the time. Instead of creating a culture of security, it causes a culture of fear, say Thomas Ottoson and Nicholas Metzgar, founders of LemonFish Technologies LLC and former technical directors in the Office of the Director of National Intelligence.

  • Cybersecurity Securities Class Actions: Wave Or Trickle?

    Douglas W. Greene

    The advent of cybersecurity securities class actions will not occur unless stock prices begin to drop. So why do I think stock prices will drop? It’s easiest to start to answer that question by thinking about why stock prices generally haven’t dropped to date, says Douglas Greene, co-chairman of Lane Powell PC's securities litigation practice.

  • A Closer Look At Florida's Attempt To De-Anonymize Websites

    Andrew Hinkes

    In order to facilitate claims by copyright holders for unauthorized use of intellectual property online, the Florida Legislature is considering a bill that would require all website owners to conspicuously publish their contact information. But several aspects of the bill appear to contradict — and possibly be preempted by — federal law, says Andrew Hinkes of Berger Singerman LLP.