Sen. Ron Wyden, D-Ore., put a hold on the 2016 intelligence authorization bill in the U.S. Senate Tuesday after Internet and social media companies raised concerns over a provision that would require them to report suspected terrorist activity on their platforms.
Sedgwick LLP has snagged a former Wilson Elser Moskowitz Edelman & Dicker LLP attorney for its Chicago office in a move to strengthen its cybersecurity, employment and insurance litigation capabilities, the firm announced Tuesday.
The Eleventh Circuit on Tuesday reversed a lower court’s order that granted an injunction of a Florida state law restricting doctors from asking “irrelevant” questions about patients’ gun ownership, saying that the law protects patient privacy by circumscribing irrelevant inquiry.
A hospital facing a proposed class action over a patient data breach told an Alabama federal judge on Monday to ignore the Seventh Circuit's recent revival of another data breach case, saying the circuit court had strayed from precedent.
A New York federal judge on Monday denied an attempt by Citizens United to block state Attorney General Eric Schneiderman’s demand that it disclose its major donors in order to seek funds in the state, finding the conservative group is unlikely to succeed in a broader lawsuit.
The White House on Tuesday backed public calls for updates to the Electronic Communications Privacy Act, saying the electronic eavesdropping law was “outdated” and not adequately protective of privacy, but stopped short of endorsing any specific proposed overhaul legislation.
Cotchett Pitre & McCarthy LLP, Girard Gibbs LLP and Pritzker Levine LLP beat a slew of other firms to nab the role of interim co-lead counsel for the plaintiffs in multidistrict litigation accusing Lenovo Inc. of secretly installing user information-harvesting software, according to an order filed Monday in California federal court.
A pair of cybersecurity experts on Tuesday urged lawmakers to amend a law passed in the wake of 9/11 that provides liability protections to companies using U.S. Department of Homeland Security-certified products after a terrorist attack to make it clear that it also applies to cyberattacks.
Plaintiffs urging the Third Circuit to revive their class action allegations that Google Inc. and Viacom Inc. tracked children’s online video habits without consent told the court Tuesday that their case isn’t about eliminating tracking through Internet cookies, but simply preventing their misuse.
State Farm Mutual Automobile Insurance Co. continued its quest to learn whether a hospital overbilled it for accident patients' care while handing discounts to medical insurers, telling the Florida Supreme Court on Monday that the lower court botched its state statute interpretation.
The U.K. Supreme Court on Tuesday said that Google Inc. could appeal part of a lower court’s decision that the Internet giant harmed users of Apple Inc.'s Safari browser by collecting their information without permission and selling it to advertisers.
The U.S. Department of Homeland Security's Inspector General on Monday said it fully supports the arguments made by its Justice Department counterpart accusing a recent DOJ report of hindering effective oversight by limiting watchdog access to protected documents.
The U.S. Drug Enforcement Administration cannot duck allegations that it illegally collected Americans’ phone call metadata just because it has paused its surveillance program, Human Rights Watch told a California federal judge Monday, saying there’s nothing stopping the agency from starting again.
An attorney and former state district judge candidate who unsuccessfully sued the political blog Burnt Orange Report for libel asked the Texas Supreme Court on Friday not to reinstate attorneys' fees struck down by a lower court, arguing that the state's anti-SLAPP statute blocks fees incurred in pro bono representation.
A nonprofit transparency advocate told the D.C. Circuit on Friday that it didn’t represent itself in Freedom of Information Act litigation with the CIA and the U.S. Department of Defense, urging the court to revive its bid for attorneys’ fees.
A Michigan federal judge on Monday certified a class of consumers who claim that their personal information was illegally sold to marketing companies after they bought Time Inc. magazine subscriptions from third parties, rejecting the publisher’s argument that it doesn’t have the purchase records.
The National Security Agency will destroy records from its massive collection of domestic telephone metadata as soon as pending litigation is resolved, the government said on Monday, as the Ninth Circuit halted a challenge to the recently granted six-month extension of the controversial program, pending a similar Second Circuit appeal.
Three companies and their two owners have been permanently banned from selling health care-related products and services and must pay $35,000 after settling Federal Trade Commission allegations in Florida federal court that they stole hundreds of dollars from Medicare consumers through a telephone scheme, the agency announced Monday.
A western Pennsylvania attorney was charged in state court Monday with violating the state’s Wiretapping and Electronic Surveillance Control Act by using an illegally recorded telephone conversation as part of a criminal defense proceeding.
The Federal Trade Commission shot back at LabMD Inc.’s bid to disqualify its chairwoman from handling the agency’s data privacy case against the company, saying that LabMD hadn’t shown that she talked about merits of the case with a member of Congress or any other third party.
Why did the Seventh Circuit find standing in the Neiman Marcus case when the vast majority of data breach cases have been dismissed on standing grounds? Comparing the case to other recent decisions provides some guidance, but it also raises concerns that a company’s data breach response and remedial measures may be used against it as evidence of harm, says Priya Roy of Montgomery McCracken Walker & Rhoads LLP.
Two recent events reveal how high-tech espionage concerning carefully guarded team data is a new form of cheating that poses a real threat, say Sekou Lewis and Matthew Tamasco of Schnader Harrison Segal & Lewis LLP.
The first wave of cybersecurity coverage litigation tested the limits of policies that had been issued without specific underwriting of cybersecurity risks, and as the second wave of cybersecurity litigation hits, early returns suggest that future cases will re-run many familiar coverage issues. The second wave may be cresting, but there’s still plenty of time for the weather to start getting rough again, says John Pitblado at Car... (continued)
Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.
Once a class action is brought and won or settled, consumers have the responsibility of confirming the continued efficacy of applicable laws and the class action tool. When a large portion of eligible consumers fail to join a class or cash their settlement checks, they allow improper corporate behavior to be more profitable than costly, say Brian Kabateck and Sally Son of Kabateck Brown Kellner LLP.
At the heart of the appeal in United States v. Zadeh, which involves a Texas district court ruling allowing patient medical records to be turned over to the federal government without a warrant, is the collision of two competing interests — a patient’s expectation of privacy and the government's desire to gain access to evidence for use in court, says Friedman & Feiger LLP's Martin Merritt, executive director of the Texas Health La... (continued)
Although the Consumer Financial Protection Bureau has expressed support for faster payments, fintech businesses should heed the agency’s warning that they must consider data privacy and other consumer protection issues. The warning carries the weight of enforcement actions in which the CFPB recently held payment processors responsible for harm caused by others, say attorneys with Arnold & Porter LLP.
While recent court opinions suggest that passive social media activity likely will not be actionable conduct in a restrictive covenant setting, a former employee’s more active use of social media to target and encourage customers or employees to terminate their business relationships may support the employer’s application for injunctive or monetary relief, says Lawrence Del Rossi of Drinker Biddle & Reath LLP.
Although the finding of a Petrillo rule violation was the most significant aspect in Thompson v. University of Chicago Medical Center, the order was surprising for other reasons. For one, the document on which the sanctions were based was publicly available — it was a copy of the complaint which the doctor’s lawyer could, and probably would, have obtained anyway, say Eugene Schoon and Jamie Gliksberg of Sidley Austin LLP.
Given that the possibility of coverage for data breach losses remains under commercial general liability policies, insurers, in an effort to limit their exposure to cyber-related claims, increasingly attempt to insert electronic data exclusions or exclusions to the definition of advertising injury. Watch for these during policy renewal, say attorneys at King & Spalding LLP.