• May 29, 2015

    Privacy Suit Judge Recuses Self After Own Data Breached

    A Florida federal judge gave up overseeing a proposed class action over a health care data breach Friday after receiving a letter from the defendants telling her that her own information had been accessed in the incident.

  • May 29, 2015

    Convicted Md. Pol's Rivals Can Seek Damages, Court Says

    A chapter of the ACLU and political challengers to a former county executive convicted of misconduct can pursue damages for their claim that the executive illegally compiled and used information about them for his re-election campaign, a Maryland appellate court ruled Friday.

  • May 29, 2015

    Uber Lays Out Broad Data Practices In Privacy Policy Update

    Ride-hailing service Uber Technolgies Inc. on Thursday rolled out an updated, more concise privacy policy that clarifies how the company collects and uses personal data and gives it permission to access mobile users’ location data even when its app is not actively running on their devices.

  • May 29, 2015

    FCC To Vote On VoIP Number Access, Lifeline Expansion

    Voice over Internet Protocol telephone providers could soon get one of the same privileges offered to their landline counterparts, and an at-times controversial telephone subsidy program could be expanded to include broadband Internet, at the next open Federal Communications Commission meeting.

  • May 29, 2015

    AOL Defeats 'Wrong Number' TCPA Messaging Suit

    A California federal judge threw out a proposed class action Friday claiming AOL Inc. violated the Telephone Consumer Protection Act by allowing its instant messaging service to send unwanted texts, saying in a prehearing order that the privacy law didn't apply to the messages.

  • May 29, 2015

    LabMD Falls Short In Bid To Nix FTC's Data Security Suit

    An administrative law judge has rejected LabMD Inc.’s latest attempt to shut down a data security suit lodged by the Federal Trade Commission, electing instead to hold off on resolving the lab’s assertions of misconduct and indiscretion until after the parties have presented all their evidence.

  • May 29, 2015

    FCC Won't Give Broadband Cos. A Free Pass On Privacy Risks

    The Federal Communications Commission recently warned broadband providers they won't be exempt from regulatory action while the agency drafts specific privacy rules for the industry, a warning that attorneys say should spur these companies to assess their privacy risks despite a lack of clarity from the regulator about their specific obligations.

  • May 29, 2015

    House Committee Prods Automakers On Cyberthreats

    Leaders of a U.S. House of Representatives committee want to know what automakers and their regulators are doing to keep hackers from exploiting wireless communication features that are becoming more common in new vehicles, the lawmakers said in letters Thursday.

  • May 29, 2015

    USCIS Agrees To Pay NY Atty $47K In Fees To End FOIA Fight

    U.S. Citizenship and Immigration Services has agreed to pay a New York immigration attorney more than $47,000 in attorneys' fees, ending a yearslong fight over Freedom of Information Act requests, according to a court order made available Thursday.

  • May 29, 2015

    Sally Beauty Confirms 2nd Data Breach In A Year

    Sally Beauty Holdings Inc. confirmed on Thursday that hackers have accessed its customers’ debit and credit card information for the second time in just more than a year, revealing that the company has discovered malware in its point of sale systems.

  • May 28, 2015

    FBI Launches Probe Of Taxpayer Data Breach

    The Federal Bureau of Investigation said Thursday it has opened an investigation into the breach of about 100,000 taxpayers' information though an Internal Revenue Service application.

  • May 28, 2015

    50 Cent Sex Tape Trial Back On After Ch. 11 Filing Detour

    A New York federal judge Thursday ruled that 50 Cent must face a trial in state court over his online posting of a sex tape featuring the mother of rival emcee Rick Ross’ child, dashing the rapper’s bid to remove the lawsuit with a last-minute bankruptcy filing.

  • May 28, 2015

    Aviation Co. Nabs FAA Exemption For Drone Usage

    The U.S. Federal Aviation Administration has decided to allow an Oregon-based aviation company to operate drones in American airspace to conduct a variety of operations, including aerial surveying, filmmaking and photography, wildlife monitoring and other services, Buchalter Nemer PLC announced Tuesday.

  • May 28, 2015

    ACLU Urges US To Reward Discovery Of Cybersecurity Flaws

    The American Civil Liberties Union urged the U.S. government Wednesday to encourage researchers to find online security vulnerabilities by offering them rewards and making it easier to contact security personnel, as many private companies have already done.

  • May 28, 2015

    Time Warner To Give Subscriber Info In Pilot Union Suit

    An Ohio federal judge on Wednesday ordered Time Warner Cable Inc. to hand information for two of its subscribers over to the pilots union for NetJets Aviation Inc., in the union’s suit accusing NetJets of accessing a confidential union message board.

  • May 28, 2015

    Target Must Reveal Info On Past Data Breaches, Judge Says

    Target Corp. has to tell financial institutions suing over the retailer's massive 2013 data breach whether it suffered similar attacks in the past and if so, how it responded to them, a Minnesota federal judge ruled in the multidistrict litigation Wednesday.

  • May 27, 2015

    Lynch Calls On Senate To Act On NSA Spying Overhaul

    Attorney General Loretta Lynch on Wednesday joined the chorus of officials calling on the U.S. Senate to swiftly pass legislation overhauling the National Security Agency's domestic surveillance tactics, saying that allowing the authorities to lapse would severely hinder the government’s ability to combat terrorism and crime.

  • May 27, 2015

    FCC Chair Calls For Action On Robocalls, TCPA Complaints

    The Federal Communications Commission will soon take up a proposal from its chair to increase consumer protections against unsolicited robocalls and texts, agency chairman Tom Wheeler announced Wednesday.

  • May 27, 2015

    State Dept. To Release Clinton Emails Faster

    The U.S. Department of State has agreed to a faster, rolling timetable for releasing former Secretary of State Hillary Clinton’s emails in compliance with a Freedom of Information Act lawsuit, according to a pair of rulings in Washington federal court Wednesday.

  • May 27, 2015

    Sen. Hatch Asks IRS For Answers On Taxpayer Data Breach

    Senate Finance Committee Chairman Orrin Hatch, R-Utah, on Wednesday pressed the Internal Revenue Service to tell the committee how criminals gained access to about 100,000 taxpayers' information through the agency's online tax transcript ordering service.

Expert Analysis

  • 4 In-House Preferences For Better Outside Counsel

    Patrick H. Reilly

    The best outside counsel change their optics to think like the client. For these lawyers, client service is not just about top-notch legal work — it is about making life easier for the entire in-house team. In the words of litigation counsel at medical device company Zimmer Inc. and outside counsel at Faegre Baker Daniels LLP, here are four ways outside counsel can better serve clients.

  • Conn. High Court Data Breach Ruling Is Victory For Insurers

    William Goddard

    The National Association of Insurance Commissioners has warned that commercial insurance policies providing general liability coverage do not apply to many cyber-risks. The Connecticut Supreme Court recently confirmed that point in one of the first state appellate court decisions construing the scope of coverage for data breaches under CGL policies, say William Goddard and Benjamin Nissim of Day Pitney LLP.

  • The FTC's Curious Use Of Authority In Revenge-Porn Case

    Gary Hailey

    It’s not clear what inspired the Federal Trade Commission to join the crusade against revenge porn, but the closer you look at the FTC’s recent action against revenge-pornster Craig Brittain, the harder it is to understand — or defend, says Gary Hailey of Venable LLP.

  • Could This Case Change The Cyberinsurance Landscape?

    Daniel S. Marvin

    With the emergence of stand-alone cyberinsurance policies, there was little doubt that courts would ultimately be called upon to weigh in on their scope of coverage. Now, that time may have finally come in an apparent case of first impression in Columbia Casualty Co. v. Cottage Health System, say Daniel Marvin and Robert Stern of Stern & Montana LLP.

  • Nomi Highlights Risks Of Publicizing Privacy Policies

    James DeGraw

    Nomi Technologies Inc. ironically could have avoided the Federal Trade Commission enforcement action altogether by not posting a privacy policy, not describing its practices to consumers, and not offering an opt-out mechanism at all. This decision thus serves as a stark warning to mobile and other companies, say attorneys with Ropes & Gray LLP.

  • The Illusory Value Of Requiring Individual Breach Notices

    Joshua Lee

    Although the Consumer Privacy Protection Act — the latest proposed federal response to the problem of criminal data theft — takes a progressive approach to notice with many welcome reforms, legislators, consumers and businesses affected by the law should ask whether individual notice requirements really achieve enough good to justify their costs, says Joshua Lee of Irell & Manella LLP.

  • Smart Grids Require Smarter Utilities: Preventing Breaches

    Jeremy Susac

    Although programmable, Wi-Fi-enabled thermostats may significantly reduce energy costs, they may inadvertently increase utilities’ exposure to liability and lawsuits by creating a vulnerability that leads to a data breach. Utilities should take steps to mitigate their risk through a Prevent Energy Breach And Liability Agreement or a cyber captive insurance program, say Jeremy Susac and Steven Weber of Berger Singerman LLP.

  • Calif. Sings A Song Of Song-Beverly Developments

    Stephanie A. Sheridan

    Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)

  • NIST Starts Filling The Gaps In Cybersecurity Compliance

    Keir Bancroft

    Government contractors who think cyber and information security applies only to classified or U.S. Department of Defense contracts, take note — a new set of standards from the National Institute of Standards and Technology is on the horizon, say attorneys with Venable LLP.

  • Use Of Biometric Information As A Basis For Civil Liability

    Derek Sarafa

    Despite the proliferation of the use of biometrics, there are very few state statutes and no federal statutes that create civil remedies based on the capture and disclosure of biometric data by private businesses. But enterprising plaintiffs lawyers are attempting to use those that do exist to create a potential new sphere of liability, say attorneys with Winston & Strawn LLP.