• September 23, 2014

    Microsoft Put On Notice In EU Over Data Transfers To Police

    Europe's data protection authorities on Monday pushed Microsoft Corp. to step up its efforts to address the regulators' concerns over the way it tracks and gains consent from users and to proceed with caution when transferring users' data to law enforcement officials.

  • September 23, 2014

    TCPA Suit Against Interline Never Settled, Judge Rules

    An Illinois federal judge ruled Tuesday that lead plaintiff Craftwood Lumber Co. had not entered into an enforceable settlement with Interline Brands Inc. in its class action alleging Interline violated the Telephone Consumer Protection Act by faxing at least 1,500 advertisements.

  • September 23, 2014

    PF Chang's Can't Dodge Data Breach Suit, Class Says

    A putative class on Monday assailed P.F. Chang’s China Bistro Inc.’s bid to dismiss a suit over allegations the restaurant chain failed to protect customers’ credit and debit card information from a data breach, arguing they had already taken a hit from the disclosure of the information.

  • September 23, 2014

    Data Search Terms Widened In Google Street View Suit

    A California federal judge has agreed to allow the plaintiffs in multidistrict litigation accusing Google Inc. of illegally gathering data from Wi-Fi networks to play more of a role in reviewing data critical to establishing standing, but refused to cut Google out of the review process.

  • September 23, 2014

    Cyber Risks Loom Ever Larger For Government Contractors

    Government contractors' cybersecurity practices are coming under increasing scrutiny from the government, and recent events highlight the unique risks and vulnerabilities that companies face when they hold valuable government data.

  • September 23, 2014

    Banking Groups Protest CFPB Complaint Narrative Proposal

    Financial industry groups came out Monday against a Consumer Financial Protection Bureau proposal to expand its consumer complaint database to include detailed consumer narratives, saying it goes beyond the bureau’s statutory mandate, creates privacy risks and will lead to the spread of inaccurate information.

  • September 22, 2014

    FDIC Chairman Says Banks Face 'Urgent' Hacking Threats

    Federal Deposit Insurance Corp. Chairman Martin Gruenberg on Monday told a group of bankers that U.S. banks need to prepare themselves against online cyberattacks and that federal regulators are in the process of evaluating them on their efforts.

  • September 22, 2014

    Care One Denied Bid For Atty Sanctions In TCPA Class Action

    A New Jersey federal judge on Monday rejected health care provider Care One LLC’s bid to sanction a plaintiff and his attorney for knowingly filing false statements in a proposed class action accusing the company of violating the Telephone Consumer Protection Act.

  • September 22, 2014

    Life Science Groups Chide CMS Over Sunshine Data Context

    Three life science industry groups criticized the U.S. Centers for Medicare and Medicaid Services on Monday for not allowing the groups to know what kind of context will be provided for physician payment information disclosed under the Physician Payments Sunshine Act when the CMS Open Payments website goes online next week.

  • September 22, 2014

    NJ Senate Sends Reader Privacy Protection Bill To Gov.

    Beefed-up privacy protections for electronic book purchasers in New Jersey are on their way to Gov. Chris Christie's desk, with the state Senate on Monday granting final legislative approval to the proposal.

  • September 22, 2014

    Attys To Play Key Role After Google Privacy Ruling: EU Official

    A European Union commissioner said in a speech Friday that lawyers will play a key role in ensuring new privacy rules are uniformly applied following the European Court of Justice’s landmark "right to be forgotten" ruling, which held that Google Inc. must delete indexed content in certain situations.

  • September 22, 2014

    Insurer Exempt In $10M Settlement Of TCPA Fax Blast Case

    A Florida federal judge on Monday let James River Insurance Co. off the hook for a $10 million Med Waste Management LLC settlement in an underlying Telephone Consumer Protection Act class action alleging Med Waste sent more than 20,000 unsolicited fax advertisements, finding the claims are excluded from coverage.

  • September 22, 2014

    TTIP Must Prop Up Open, Secure Internet, EU Official Says

    The European Union's top official overseeing Internet policy stressed Friday that the Transatlantic Trade and Investment Partnership with the U.S. must include rules that will clear the way for a seamless digital market between the two partners while also bolstering security for users online.

  • September 19, 2014

    Google Joins Apple With Default Encryption On New Android

    Google Inc. said Thursday that its new Android operating system will automatically encrypt user data upon activation, preventing police and thieves from accessing communications and pictures stored on the phone, in a move that mirrors Apple Inc.'s similar plan for its iPhones.

  • September 19, 2014

    Lawmakers Call On HHS To Clarify Health App Privacy Rules

    A pair of U.S. congressmen on Thursday pushed the U.S. Department of Health and Human Services to provide mobile health app developers with clear guidance on how federal health privacy law applies to their collection and use of sensitive personal data.

  • September 19, 2014

    LinkedIn Wants Remainder Of Email-Harvesting Suit Dismissed

    LinkedIn Corp. on Thursday called for a California federal judge to throw out the remainder of a putative class action alleging the social media network broke into users’ accounts to send emails on their behalf, saying the plaintiffs’ amended complaint fails to state a claim on which relief can be granted.

  • September 19, 2014

    Sens. Float Bill To Limit Access To User Data Stored Overseas

    A bipartisan trio of U.S. senators on Thursday introduced legislation that would curtail the ability of law enforcement to obtain electronic communications stored overseas by service providers, an issue that is fueling Microsoft Corp.'s closely watched challenge to a search warrant for user data located in Ireland.

  • September 19, 2014

    Home Depot Hit With Canadian Suit Over Data Breach

    A putative class of Canadian consumers has launched a suit against retail giant Home Depot Inc. over its recently announced data breach, in which hackers accessed information for 56 million payment cards, according to a Thursday statement.

  • September 19, 2014

    Cos. Liable Under TCPA For 3rd-Party Texts, 9th Circ. Rules

    Companies that hire third parties to send unsolicited text messages can be liable for Telephone Consumer Protection Act violations, the Ninth Circuit held Friday in a published opinion reviving a proposed class action that blamed U.S. Navy contractor Campbell-Ewald Co. for recruitment messages cellphone users received.

  • September 19, 2014

    HIPAA Privacy Rule Extends To Same-Sex Spouses, HHS Says

    The U.S. Department of Health and Human Services has clarified Health Insurance Portability and Accountability Act rules in light of the U.S. Supreme Court's landmark Windsor decision, saying health care providers and their business associates may share patients' sensitive data with same-sex spouses and may not use those spouses' genetic information for underwriting purposes.

Expert Analysis

  • Taking Stock Of The Legal Cloud: Opportunities And Pitfalls

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • Data Breaches Drive Retailers To Update Payment Systems

    Anthony J. McFarland

    Despite their slow adoption of Europay, MasterCard and Visa compliant card technology due to cost, U.S. companies have picked up the pace due to the financial risks posed by cyberbreaches and European customers' expectation of privacy protection, say Anthony McFarland and Alison Grippo of Bass Berry & Sims PLC.

  • When Taking Health Information Is 'Protected Activity'

    Barbara E. Hoey

    State and federal courts haven't always helped when determining over the course of a retaliation suit whether an employee that took "evidence" in the midst of a discrimination lawsuit engaged in "protected activity," say Barbara Hoey and Evelyn Perez of Kelley Drye & Warren LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • The Role Of Economics In Data Breach Class Actions

    Matthew Milner

    In order to estimate damages to plaintiffs in a putative consumer class action after a large data breach it is important to construct a rigorous economic analysis that models the actual and but-for worlds, the goal being to make each plaintiff whole to the extent there was economic harm resulting from the breach itself, says Matthew Milner of Edgeworth Economics LLC.

  • Unmasking And Suing The Anonymous Social Media Speaker

    Steven Richard

    Parties contemplating a lawsuit over anonymous online postings may seek court-ordered, presuit discovery to investigate who owns and operates the social media account. Recent New York and Texas decisions evidence the necessity to research and understand fully the extent to which a jurisdiction allows presuit discovery, says Steven Richard of Nixon Peabody LLP.

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.

  • Reminders From Italy's Privacy Ruling In Google Case

    Francesca Petronio

    In its recent Google Inc. decision, the Italian Data Privacy Authority highlighted once again that, pursuant to Italian data privacy laws, processing activities of personal data is allowed only if the data subjects receive specific and detailed information regarding the data processing activities and give their express consent to the processing operations, say Francesca Petronio and Marilena Hyeraci of Paul Hastings LLP.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.