• November 20, 2014

    Tiversa Can't Attack Future Witness In LabMD Fight With FTC

    An administrative law judge on Wednesday shut down Tiversa Holding Corp.’s bid to discredit a former employee who is expected to poke holes in the Federal Trade Commission's data security assertions against LabMD Inc., saying it was improper for Tiversa to jump into the dispute.

  • November 20, 2014

    Class Counsel In $40M HSBC Suit Say 7th Circ. Backs Fee Bid

    Class counsel in a proposed $40 million Telephone Consumer Protection Act settlement with HSBC Bank NA told an Illinois federal judge Thursday that the Seventh Circuit's recent opinion slamming a “selfish” false labeling class settlement supported their $12 million fee bid and asked the court to approve their deal.

  • November 20, 2014

    Uber Bringing In Hogan Lovells Attys To Calm Privacy Fears

    Ride-sharing service Uber Technologies Inc. said Thursday that it has retained a top Hogan Lovells privacy attorney and her colleagues to review its data use policies, a day after a U.S. senator criticized the practices in the wake of a report that the company is surreptitiously tracking customers.

  • November 20, 2014

    United Healthcare Dodges Chiropractor's TCPA Suit

    UnitedHealthcare Inc. on Wednesday ducked a proposed class action brought by a chiropractor alleging violations of the Telephone Consumer Protection Act after an Illinois federal judge said that the chiropractor’s provider agreement stipulated that his complaint had to be arbitrated.

  • November 20, 2014

    Plaintiffs Want TCPA Class Action Against Gym Chain Revived

    Plaintiffs asked a California federal judge on Wednesday to reconsider her decision granting gym chain Crunch San Diego LLC a pretrial win in a proposed class action accusing it of violating the Telephone Consumer Protection Act, arguing the decision conflicts with rulings from the Federal Communications Commission.

  • November 19, 2014

    Wyndham, FTC Data Security Row Heads To Mediation

    A New Jersey federal judge has directed the Federal Trade Commission and Wyndham Worldwide Corp. to mediate their closely watched dispute over whether the regulator has the authority to bring lawsuits against companies for instituting allegedly lax data security practices.

  • November 19, 2014

    USPS Reporting Delay Thwarted Bigger Breach, Congress Told

    A U.S. Postal Service official on Wednesday pushed back at staunch criticism from a U.S. House of Representatives panel over why the agency waited two months to notify 800,000 current and former employees that their data had been compromised in a security breach, saying that alerting them any sooner would have allowed the hackers to burrow deeper into its systems.

  • November 19, 2014

    4 Lessons For Health Providers From Walgreen Privacy Ruling

    In upholding a $1.4 million verdict against Walgreen Co. last week, an Indiana appeals court became the first court nationwide to find a health care provider liable for an employee's illegal scouring of customer medical records. Here, attorneys share several lessons employers should take from the case to help them avoid a similar fate.

  • November 19, 2014

    Staples Unsure If Customer Data Compromised In Breach

    Staples Inc. confirmed Wednesday that hackers broke into its computer network, but, nearly a month after the intrusion was made public and amid industry calls for a federal data breach notification law, the company said it still does not know if customer data was taken.

  • November 19, 2014

    Frontier Can't Escape TCPA Suit With Settlement Offer

    A Connecticut federal judge on Tuesday wouldn’t let Frontier Communications Corp. skirt a proposed class action accusing it of placing thousands of illegal telemarketing calls, saying that a settlement offer it made to the plaintiff didn’t moot her claims.

  • November 19, 2014

    Web Editor Suing Davis Polk Must Cough Up Job Search Info

    A Davis Polk & Wardwell LLP website editor suing for discrimination must turn over her resumes, job applications and communications about other job offers to the law firm's defense team and cannot, for now, access private information about her co-workers' job evaluations and salaries, a federal judge ruled on Wednesday.

  • November 18, 2014

    9th Circ. Should Halt Verizon Call Recording, Class Argues

    A proposed class accusing Verizon Wireless LLC of illegally recording calls with noncustomers without their consent urged the Ninth Circuit on Tuesday to bar the practice, saying a district court judge should have found they’d suffer irreparable harm without a preliminary injunction.

  • November 18, 2014

    Restrictions On NSA, FBI Spying Fall Short In Senate

    The U.S. Senate on Tuesday fell short of advancing a bill that would have restricted surveillance by the National Security Agency and the FBI while extending key provisions of the Patriot Act until 2017.

  • November 18, 2014

    Senate Dems Press DOJ For Info On Cellphone Program

    Two Senate Democrats this week urged the U.S. Department of Justice to reveal the details of a secret program that extracts cellphone users' private information through devices that mimic cellphone towers, according to letters posted on the senators' websites.

  • November 18, 2014

    Lawmakers Want BofA, Others To Reveal Data Breaches

    A pair of federal lawmakers on Tuesday pushed Bank of America Corp., Wells Fargo & Co., Morgan Stanley, Goldman Sachs Group Inc. and a dozen other financial institutions to detail their approaches to data security and disclose whether they had been targeted by hackers during the past year.

  • November 18, 2014

    9th Circ. Says Calif. Sex Offender Law Defies 1st Amendment

    The Ninth Circuit ruled Tuesday that a California law forcing sex offenders to report all their online avatars on sites such as Facebook, Twitter, news websites and discussion forums violates the First Amendment, agreeing with a lower court to maintain an injunction against the law's enforcement.

  • November 18, 2014

    AT&T Asks 11th Circ. For Clarity On Warrantless Cell Tracking

    AT&T Mobility LLC on Monday asked the Eleventh Circuit to clear up the confusion surrounding whether the government needs a warrant to access cellphone location data, saying courts have to balance Fourth Amendment rights with the needs of law enforcement.

  • November 18, 2014

    5 Tips For Employers Navigating The Social Media Minefield

    With agencies like the National Labor Relations Board scrutinizing social media policies and information on people's Facebook, Twitter and other pages cropping up in employment disputes, employers have begun giving more thought to how they handle social media. Here, attorneys offer advice for how employers should address social media issues in hiring, in the workplace and in court.

  • November 18, 2014

    Home Depot Says 2014 Data Breach Expenses Will Hit $34M

    Home Depot Inc. said Tuesday that it expects to shell out approximately $34 million this year on litigation and other expenses related to a massive data breach that compromised the personal information of millions of customers.

  • November 18, 2014

    Hinshaw Atty Threatened With Sanctions In Geico TCPA Suit

    The plaintiff in a Telephone Consumer Protection Act suit against Government Employees Insurance Co. and affiliated debt-collection company Bell LLC moved Monday for sanctions against Bell and its attorney from Hinshaw & Culbertson LLP, saying they “have made a mockery of their obligations to respond to discovery.”

Expert Analysis

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • How Hotels Can Protect Their Proprietary Information

    David Tryon

    Storing customer contact information on the “cloud” and employees’ personal devices potentially renders the information unprotectable, unless you have clear, written policies on data usage on those devices and on social media. However, there is a better approach, says David Tryon of Porter Wright Morris & Arthur LLP.

  • Video Privacy Protection Act Could Be The New TCPA

    Behnam Dayanim

    The Video Privacy Protection Act is making itself felt in a recent wave of class actions against media companies such as Hulu LLC, Redbox Automated Retail LLC and Cartoon Network over their alleged disclosure of consumer viewing habits. Importantly, the statute — like the Telephone Consumer Protection Act — does not require actual damages, say attorneys with Paul Hastings LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Key Tools For Monitoring Vendor Data Security

    Gregory Stein

    The common denominator of most of the recent high-profile breaches is that they are retail businesses that accept credit cards. Accordingly, as recent guidance from the Payment Card Industry Security Standards Council reminds us, companies that process credit cards should be scrutinizing vendors’ security practices as closely as they review and manage their own practices, says Gregory Stein of Ulmer & Berne LLP.

  • The Emergence Of 3rd-Party Accredited-Investor Verifiers

    Charles Alovisetti

    As crowdfunding changes the financial landscape, third-party accredited-investor verifiers will continue to provide an important service. However, such verification is not without its risks, with two key areas of concern being privacy and the method used for verification, says Charles Alovisetti of Goodwin Procter LLP.

  • 3rd-Party Liability Standards Stretched Under TCPA

    Lewis Wiener

    Recent decisions from the Eleventh and Ninth circuits illustrate not only the potential breadth of third-party liability under the Telephone Consumer Protection Act, but also the differing standards for third-party liability that may be applied depending on the type of communication at issue, say Lewis Wiener and Wilson Barmeyer of Sutherland Asbill & Brennan LLP.

  • Can Employers Be Vicariously Liable Under CFAA?

    Leonard A. Feiwus

    While the Computer Fraud and Abuse Act's language is silent on vicarious liability, this omission has not precluded some courts from looking beyond the text to apply common law principles of agency or, alternatively, imposing such liability using the CFAA’s conspiracy provision, says Leonard Feiwus of Kasowitz Benson Torres & Friedman LLP.

  • TCPA Risks Increase For The Financial Services Industry

    Lewis S. Wiener

    Recent high-dollar class action settlements by companies in the financial services industry, combined with the unsettled law concerning the scope of consent, among others, continue to drive a trend of new Telephone Consumer Protection Act filings, say attorneys with Sutherland Asbill & Brennan LLP.

  • Cyberattack Reimbursement Doesn't Require Insurer Consent

    Matthew L. Jacobs

    A Pennsylvania district court's recent ruling in First Commonwealth Bank v. St. Paul Mercury Insurance Co., which involved a cyberattack on an oil company, is significant because it demonstrates that insurance coverage is available when the insured is complying with the law governing its response obligations to hacking, regardless of whether the insured received the insurer’s written consent, say Matthew Jacobs and Daniel Johnson o... (continued)