• July 28, 2015

    Wyden Blocks Intelligence Bill Over Social Media Monitoring

    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.

  • July 28, 2015

    Sedgwick Nabs Cybersecurity Pro From Wilson Elser

    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.

  • July 28, 2015

    11th Circ. Vacates Block On Fla. 'Gun Gag' Law

    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.

  • July 28, 2015

    Hospital Slams 7th Circ. Neiman Marcus Data Breach Ruling

    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.

  • July 28, 2015

    Citizens United Can't Duck NY AG's Demand For Donor Names

    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.

  • July 28, 2015

    White House Backs Calls For Email Privacy Law Reform

    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public calls for updates to the Electronic Communications Privacy Act, saying the electronic eavesdropping law was “outdated” and not adequately protective of privacy, but stopped short of endorsing any specific proposed overhaul legislation.

  • July 28, 2015

    Cotchett, Girard Gibbs, Pritzker Levine To Lead Lenovo MDL

    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.

  • July 28, 2015

    Cybersecurity Pros Tell Pols To Tweak Terrorism Liability Law

    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.

  • July 28, 2015

    Google, Viacom Misused Cookies To Track Kids, 3rd Circ. Told

    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.

  • July 28, 2015

    State Farm Takes Hospital Contract Row To Fla. High Court

    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.

  • July 28, 2015

    UK Supreme Court To Hear Google Privacy Appeal

    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.

  • July 28, 2015

    DHS Watchdog Backs DOJ Counterpart On Docs Access

    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.

  • July 28, 2015

    Group Pushes To Keep DEA Phone Data Collection Row Alive

    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.

  • July 27, 2015

    Atty Asks Texas Justices To Block Pro Bono Anti-SLAPP Fees

    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.

  • July 27, 2015

    FOIA Watchdog Asks DC Circ. For Attys' Fees From CIA, DOD

    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.

  • July 27, 2015

    Mich. Judge Grants Cert. In Magazine Subscription Suit

    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.

  • July 27, 2015

    NSA To Destroy Data Collected Under Phone Spying Program

    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.

  • July 27, 2015

    Health Care Companies To End Business In FTC Settlement

    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.

  • July 27, 2015

    Western Pa. Criminal Atty Charged Over Illegal Recording

    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.

  • July 27, 2015

    FTC Blasts LabMD's Move To DQ Its Chairwoman From Suit

    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.

Expert Analysis

  • A Standing Ovation For Plaintiffs In Data Breach Cases

    Priya Roy

    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.

  • Sports Espionage Brings Great Risks For Both Spy And Victim

    Sekou Lewis

    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.

  • Surviving The 2nd Wave Of Cybersecurity Litigation

    John C. Pitblado

    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)

  • Ex Ante Vs. Ex Post: Janis Joplin’s Yearbook Revisited

    Paul E. Godek

    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.

  • Cash That Class Action Check, No Matter How Small

    Brian S. Kabateck

    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.

  • Protecting Privacy In Medical Records During Litigation

    Martin Merritt

    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)

  • Fast Payments Industry Must Adapt To Evolving CFPB Policy

    James Kim

    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.

  • Is Social Media Eroding Nonsolicitation Agreements?

    Lawrence J. Del Rossi

    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.

  • The Power Of The Petrillo Rule In Ill. State Courts

    Eugene A. Schoon

    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.

  • Keep Your Eye On Exclusions When Buying Cyberinsurance

    Meghan H. Magruder

    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.