• July 23, 2014

    Petco Says Letter Snafu Dooms ZIP Code Class Action

    Petco Animal Supplies Store Inc. said Tuesday that a mistake by plaintiffs counsel destroys a proposed class action in Massachusetts that alleges the retailer violated credit card privacy rules, because before filing the lawsuit, attorneys accidentally sent a required demand letter to an executive at The Paper Store instead of Petco.

  • July 23, 2014

    Nine West Slapped With Undisclosed Background Check Suit

    Shoe retailer Nine West Holdings Inc. was slapped Wednesday with a putative class action in Florida federal court that alleges the company conducts background checks on job applicants without proper disclosures, violating the Fair Credit Reporting Act. 

  • July 23, 2014

    Suspected Cybercrime Ring Indicted Over StubHub Hack

    Six individuals have been indicted in New York for their alleged participation in an international cybercrime ring that authorities in North America and Europe have linked to unauthorized electronic ticket purchases made through more than 1,600 StubHub Inc. users' accounts, Manhattan's district attorney said Wednesday.

  • July 23, 2014

    Shell's Call Recording Center Puts Up $2M To Settle Suit

    Equilon Enterprises LLC, a company that recorded calls of customers contacting Shell Oil Co.'s call center, has agreed to pay almost $2 million to settle a class action alleging its actions violated California privacy laws.

  • July 22, 2014

    Gov't Not Immune From FCRA Damages, 7th Circ. Rules

    The Seventh Circuit ruled Tuesday that the federal government isn’t shielded from damages for violations of the Fair Credit Reporting Act, but still upheld on separate grounds the dismissal of an attorney’s class action over the government's alleged unlawful disclosure of his credit card information.

  • July 22, 2014

    Care1st Tells Judge Lost Data Didn't Harm Patients

    Care1st Health Plan on Tuesday urged a California judge to toss a putative class action alleging the managed care organization failed to encrypt members' private medical information on a computer disk that was misplaced, saying the proposed class can't show they were actually harmed by the purported leak.

  • July 22, 2014

    Newark Police To Make Reforms After DOJ Finds Racial Bias

    Newark, New Jersey’s police force on Tuesday announced an agreement with the U.S. Department of Justice to implement changes to its stop, arrest and force policies, to address a three-year study that yielded evidence of unconstitutional, racially biased policing.

  • July 22, 2014

    Recorded Marital Communication Isn't Evidence: NJ High Court

    The Supreme Court of New Jersey on Tuesday said communication between spouses cannot be admitted as evidence in a criminal trial, even if captured via wiretap, but recommended the Legislature amend evidentiary rules to withhold such protections for conversations used to further a crime.

  • July 22, 2014

    News Corp. Settles 3 Phone-Hacking Suits By Actor, Others

    News Corp. reportedly settled civil phone-hacking suits lodged in London's high court by actor Rhys Ifans, comedian Michael Barrymore and an agent on Tuesday, agreeing to pay an undisclosed amount of damages to settle the latest litigation in a scandal that crippled the company's U.K. operations.

  • July 22, 2014

    Goodwill Investigating Possible Payment Card Data Breach

    Goodwill Industries International Inc. is investigating a potential data security breach that may have compromised payment card numbers used to make purchases at its thrift shop locations in multiple states, the nonprofit organization said Tuesday.

  • July 22, 2014

    BakerHostetler Lures Privacy Pro From InfoLawGroup In LA

    BakerHostetler has brought on a founding partner of InfoLawGroup LLP to serve as a partner in BakerHostetler’s privacy and data protection team in Los Angeles, marking the sixth major privacy attorney to join BakerHostetler so far this year, the law firm announced on Monday.

  • July 22, 2014

    Google Privacy Policy Suit Trimmed Again But Still Standing

    A California federal judge on Monday threw out most of a proposed class action accusing Google Inc. of violating privacy laws by aggregating and storing users’ data across its many platforms, finding various claims still fell short of pleading standards.

  • July 21, 2014

    Wyndham Rips FTC's Discovery Tactics In Data Security Row

    Wyndham Worldwide Corp. blasted the Federal Trade Commission’s bid to extend discovery by five months in its closely watched case over the hotel chain’s allegedly lax data security, arguing in New Jersey district court Friday that the request is merely a ploy to convince Wyndham to settle the long-running fight.

  • July 21, 2014

    Sutter Health Beats Patient Data Theft Claims On Appeal

    A California appeals court on Monday reversed a decision holding Sutter Health accountable after a computer containing millions of patient records was stolen, finding that the plaintiffs who brought the $4 billion suit hadn't shown that unauthorized people looked at their data.

  • July 21, 2014

    Johns Hopkins Settles Pelvic Exam Suits For $190M

    Johns Hopkins Hospital has agreed to pay $190 million to settle a class action filed by thousands of women who alleged they were secretly videotaped during gynecological examinations by Nikita Levy, who last year killed himself as police closed in, a plaintiff’s attorney said on Monday.

  • July 21, 2014

    FCC Says Spam Fax Liability Can Be Pinned On Nonsender

    The Federal Communications Commission has told the Eleventh Circuit that businesses don’t have to physically send unwanted faxes in order to be directly liable under the Telephone Consumer Protection Act, saying that its recent declaratory ruling on liability applied only to unauthorized calls.

  • July 21, 2014

    Plaintiffs Fight Target's Bid To Stay Data Breach MDL

    A group of Target Corp. customers, banks and credit unions on Friday fought the retailer's attempt to delay discovery in multidistrict litigation stemming from the company's data breach last year, saying they intend to take Target to task for failing to protect its patrons' payment card information.

  • July 21, 2014

    Applebee's Hit With Call Recording Class Action In Calif.

    Restaurant chain Applebee's International Inc. has been hit with a proposed class action — removed to California federal court on Friday — that alleges the company failed to notify customers that all customer calls are recorded.

  • July 21, 2014

    Google Gets 18 Months To Address Italy's Privacy Concerns

    Italy's data protection authority said Monday that it has given Google Inc. 18 months to overhaul the way it collects and retains consumer data for profiling and other purposes, marking the latest regulatory response to Google's implementation of privacy policy changes that allow it to combine user data across platforms.

  • July 21, 2014

    Career Planning Co.'s $2.6M TCPA Class Settlement OK'd

    A New Jersey federal judge on Friday preliminarily signed off on college and career planning company Peterson’s Nelnet LLC’s $2.6 million settlement agreement that would resolve claims that the business violated the Telephone Consumer Protection Act.

Expert Analysis

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • FTC Report's Impact May Not Be Limited To Data Brokers

    Phyllis B. Sumner

    In calling for greater transparency among data brokers in their collection practices, a recently issued report from the Federal Trade Commission will likely push the agency to scrutinize organizations that use the services of or share information with data brokers in order to accurately and fully disclose such practices, say attorneys at King & Spalding LLP.

  • Common-Enterprise Theory And Wyndham Data Security Case

    Archis Parasharami

    For the past two years, a federal court in New Jersey has considered important data security issues in the Federal Trade Commission v. Wyndham Worldwide Corp. litigation. Two recent opinions issued by the court now have brought that case back into the news — and made clear that the stakes are as high as ever, say Archis Parasharami and Stephen Lilley of Mayer Brown LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • 9th Circ. Thinks Inside The Bun In Taco Bell TCPA Suit

    Paul A. Werner

    A Ninth Circuit decision in Thomas v. Taco Bell Corp. provides much-needed guidance and a clear limitation on the vicarious liability concepts introduced by the Federal Communications Commission to the Telephone Consumer Protection Act litigation mix, say Paul Werner and J. Aaron George of Sheppard Mullin Richter & Hampton LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Notable New Breach Controls For Intelligence Contractors

    Tom McSorley

    Overall, the procedures and requirements contemplated by the 2014 Intelligence Authorization Act contain little detail. Most of the work is yet to be done. However, the Director of National Intelligence will not necessarily be starting from a blank slate, say attorneys with Arnold & Porter LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • Data Breach Dismissals Continue Post-Clapper

    David M. Brown Jr.

    In re Science Applications International Corp. Backup Tape Data Theft Litigation reinforces the trend among federal courts in the aftermath of the U.S. Supreme Court's ruling in Clapper v. Amnesty International USA that the loss of data and increased risk of indentity theft from data breaches do not constitute injury, says David Brown Jr. of Montgomery McCracken Walker & Rhoads LLP.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.