• August 27, 2015

    4 Of 5 Health Care Orgs Hit By Cyberattacks, Study Says

    Eighty-one percent of health care executives say their organizations have been compromised by at least one cyberattack during the past two years, and a little more than half feel they're adequately prepared to prevent attacks, according to a recent study by KPMG LLP.

  • August 27, 2015

    Wash. Public Worker Must Reveal Texts On Personal Phone

    A public employee’s work-related texts sent on a private cellphone while working are public records subject to disclosure, the Washington Supreme Court ruled Thursday, ordering a county prosecutor to produce text messages in response to a records request.

  • August 27, 2015

    Calif. High Court Snubs 9th Circ.'s Data Collection Query

    The California Supreme Court declined on Wednesday to respond to a question certified by the Ninth Circuit to clarify whether retailers in the state can request customers’ personal information because a state appellate has already ruled they can.

  • August 27, 2015

    AP Hits DOJ With FOIA Suit Over Fake News Story

    The Associated Press on Thursday hit the U.S. Department of Justice with a suit in D.C. federal court over the FBI’s failure to respond to a Freedom of Information request seeking information on the bureau’s creation of a fake AP story to trick a suspect into downloading surveillance software.  

  • August 27, 2015

    Former Ohio Asst. Atty General Reprimanded For Snooping

    A former Ohio Assistant Attorney General was publicly reprimanded by the state's Supreme Court on Wednesday for looking up confidential information about people either she or her friends were dating in a private government agency database during her time in office.

  • August 26, 2015

    UCLA Official Grilled Over Medical Record Privacy Breach

    Against the backdrop of a data breach affecting 4.5 million University of California Los Angeles Health System patients, the system’s privacy officer took the stand Wednesday in a suit brought by a woman whose ex-boyfriend accessed her medical records, facing questions about why available security measures weren’t used.

  • August 26, 2015

    No Jurisdiction In Privacy Class Action, Texas Judge Says

    A federal Texas judge on Tuesday recommended dismissing a proposed class action accusing a former Florida-based marketing company of violating privacy laws by using personal information from motor vehicle records in Texas and Florida, saying the plaintiffs didn’t show how the Lone Star State had jurisdiction.

  • August 26, 2015

    Ashley Madison Hit With Class Action Over Data Breach In Ala.

    Litigation over the Ashley Madison data breach continues to mount as the extramarital dating site was hit with another putative class action in Alabama federal court on Wednesday that claims it failed to protect its customers' data or promptly alert them of the July hack that made 37 million members’ information public.

  • August 26, 2015

    Celebrity Detective, Atty Lose Bulk Of 9th Circ. Appeal

    The Ninth Circuit on Tuesday largely upheld the convictions of former “private eye to the stars” Anthony Pellicano and his client, once-prominent attorney Terry Christensen, for conspiracy and illegal wiretapping of the enemies of Pellicano’s high-powered Hollywood clients, but overturned two computer fraud convictions for Pellicano.

  • August 26, 2015

    Illinois Gov. Vetoes Data Breach Notification Bill

    Illinois Gov. Bruce Rauner has vetoed a data breach notification bill that would have updated the state’s laws protecting personal information to include consumer marketing data and geolocation information, saying the measure went too far.

  • August 26, 2015

    Medical Informatics Breach MDL Belongs In Kan., JMPL Told

    A man claiming he is one of nearly 4 million Americans whose personal information was stolen in a cyberattack on Medical Informatics Engineering Inc. told the U.S. Judicial Panel on Multidistrict Litigation on Tuesday that claims against the company should be consolidated in Kansas, not California as another plaintiff had requested.

  • August 26, 2015

    DOD Issues New Cyber Reporting Rule For Contractors

    The U.S. Department of Defense unveiled new interim data breach notification reporting rules Wednesday for government contractors and subcontractors who have certain defense information passing through their information systems.

  • August 26, 2015

    50 Cent Wants Sex Tape Plaintiff's Ch. 11 Discovery Blocked

    Rapper 50 Cent's attorneys on Tuesday urged a Connecticut bankruptcy judge to block the woman who successfully sued him for posting a sex tape online from obtaining additional information about his finances, painting her as a vengeful litigant out to further punish the entertainer.

  • August 26, 2015

    Target Says SEC Won't Penalize It For 2013 Data Breach

    In its quarterly earnings statement filed with the Securities and Exchange Commission on Tuesday, Target Corp. said the agency’s Enforcement Division does not intend to recommend enforcement action related to the 2013 data breach in which hackers stole payment card data of more than 40 million customers.

  • August 25, 2015

    5th Circ. Forces Drug Stores To Arbitrate Claims Against CVS

    The Fifth Circuit on Tuesday upheld a Texas federal judge's decision to force several independent retail pharmacies to arbitrate their racketeering and trade secrets claims against CVS Caremark Corp. over the drug store giant's use of their customers' information, citing its own decision in a similar case last year.

  • August 25, 2015

    Secret-Sharing App Maker Asks Judge To Toss TCPA Suit

    Anonymous secret-sharing app maker WhisperText LLC urged a California federal judge on Tuesday to throw out a proposed class action that accuses the company of violating the Telephone Consumer Protection Act, arguing that text message invitations can only be sent through the app with the user’s permission.

  • August 25, 2015

    DOD Floats New Cyber-Reporting, Cloud Security Rules

    The U.S. Department of Defense released an interim rule Tuesday tightening contractor requirements for cloud computing as well as reporting cyberhacks in response to recent high-profile attacks on servers possessing sensitive DOD personnel information.

  • August 25, 2015

    Edelson Adds Ex-Federal Cybersecurity Prosecutor In Chicago

    A former deputy chief of the federal cybercrime unit at the U.S. Attorney's Office in the Eastern District of Virginia has joined Edelson PC in Chicago as a partner, where he will lead the firm's complex trial team. 

  • August 25, 2015

    Taxpayers Face Big Standing Hurdle In IRS Data Breach Suit

    A proposed class accusing the IRS of failing to prevent a massive data breach that affected some 330,000 taxpayers will face an uphill battle in adequately convincing the D.C. federal court that they suffered tangible damages, according to experts.

  • August 25, 2015

    Sony Says Lack Of Harm Sinks Cert. Bid In 'Interview' Suit

    Sony Pictures Entertainment Inc. told a California federal judge on Monday that former employees suing it over a data breach related to its 2014 James Franco-Seth Rogen vehicle “The Interview” should be denied class certification because after nearly nine months, none of the named plaintiffs has been a victim of fraud.

Expert Analysis

  • TCPA Issues Familiar And Unique To Health Care Providers

    Lewis S. Wiener

    Many of the issues facing health care companies under the Telephone Consumer Protection Act are similar to other industries — consent and the scope of that consent, reassigned numbers, opt-outs and large potential exposure to statutory damages. However, the Federal Communications Commission's recent TCPA order also holds a new exemption for the health care industry, say attorneys at Sutherland Asbill & Brennan LLP.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Inside DOD's Interim Rule On Cloud Cybersecurity

    Lawrence Prosen

    As the sophistication of cyber incidents increases and the security of government-protected data gains ever heightened stance, it is key that we continue to develop stronger regulations and protections. The U.S. Department of Defense interim rule relating to DOD-contracted cloud computing services is a good next step — but it is only a step on an undoubtedly long road, says Lawrence Prosen of Thompson Hine LLP.

  • 3rd Circ. Writes A Road Map For Cybersecurity Practices

    Tracy E. Miller

    The Third Circuit's analysis in Federal Trade Commission v. Wyndham Worldwide Corp. of applicable standards for Section 5 enforcement under the Federal Trade Commission Act and the court's discussion of specific shortcomings in Wyndham’s security safeguards create a road map for companies to assess their own practices in the face of mounting cybersecurity threats and clear affirmation of the FTC’s regulatory authority, say Tracy Mi... (continued)

  • Texas 'Revenge Porn' Ban Brings Enforcement Challenges

    Pierre Grosdidier, Ph.D.

    The Texas Relationship Privacy Act — effective Sept. 1 — provides new relief for revenge porn victims and may help dissuade revenge pornographers’ mischief. Despite its strong language, however, this new law is not a panacea. The challenge in these cases, as in many Internet defamation cases, is to identify the wrongdoer, says Pierre Grosdidier of Haynes and Boone LLP.

  • Idaho's Ag Gag Law Goes Down And Other States May Be Next

    Stacey L. Gordon

    Animal Legal Defense Fund v. Otter should be a cautionary warning to states beyond Idaho considering agricultural gag laws, especially since some legislatures were already wary of First Amendment challenges. Though ag gag laws have failed in several states, it is likely more legislatures will consider them given the growing scrutiny over factory farms, says the University of Montana's Stacey Gordon, secretary of the board for the H... (continued)

  • Donald Sterling V. TMZ: A Not-So-Sterling Lawsuit

    Neville L. Johnson

    If Donald Sterling had come to me with the privacy lawsuit that he recently filed against TMZ Productions Inc. and V. Stiviano, I would have sent the beleaguered former Clippers owner off to the locker room, says Neville Johnson, a founding partner of Johnson & Johnson LLP.

  • Franchisors Must Find The Right Data Security Balance

    Gavin George

    Savvy franchisors can adopt certain strategies to ensure reasonable levels of data security by their franchisees, to maintain some level of protection from liability in the case of data breach of a franchisee system, and to retain effective control over the response to a breach, say Gavin George and Marc Legrand of Haynes and Boone LLP.

  • Nondisclosure Agreements Deserve A Closer Look

    Glynna K. Christian

    Nondisclosure or confidentiality agreements are usually based on a trusty template and executed quickly with very little discussion. But in light of heightened sensitivity around confidential information as well as the recent trend toward increased scrutiny of privacy law practices, parties in an M&A transaction must think beyond the “standard” template, say Glynna Christian and Nikki Mondschein of Kaye Scholer LLP.

  • Microsoft Should Win Privacy Case, Then Congress Should Act

    Nathan Newman

    It is the better part of judicial restraint for courts to defer currently to local privacy rules in cases like the Microsoft Ireland one. Leave it to lawmakers to decide whether and where U.S. prosecutors should be able to reach such user data stored overseas, without unduly tying Congress’ hands with constitutionalized privacy rules that might or might not apply in all cases, says Nathan Newman, director of the nonprofit Data Justice.