Privacy

  • June 30, 2015

    LogMeIn Charges Customer Cards Without Consent, Suit Says

    Software provider LogMeIn Inc. was hit with a proposed class action in California federal court Monday by a customer who says his account was renewed without his permission through a charge to his credit card that was exponentially higher than the amount he initially paid for the company’s services.

  • June 29, 2015

    Insurers Intervened Too Late In $20M TCPA Suit, 7th Circ. Says

    A trio of insurance companies waited too long to intervene in a class action to contest a metal supply company's $20 million settlement of claims that it violated the Telephone Consumer Protection Act, the Seventh Circuit found Monday, saying the insurers should have tried to intervene at the outset of the litigation.

  • June 29, 2015

    Fed Workers’ Union Sues OPM For Negligence After Breach

    The biggest federal employee union slapped the U.S. Office of Personnel Management with a proposed class action Monday in D.C. federal court after hackers compromised the personal information of millions of government workers.

  • June 29, 2015

    FTC, Florida AG Get Court To Stop Illegal Robocalls

    A Florida federal court has temporarily halted the operations of several Orlando-based marketing companies running large robocall campaigns designed to trick consumers into paying for bogus credit card interest rate reduction programs, the U.S Federal Trade Commission and the Florida Attorney General's Office announced Monday.

  • June 29, 2015

    Twins Plead Guilty To Hacking State Dept., Private Co.

    Twin brothers who worked as contractors for federal departments pled guilty in Virginia federal court Friday to a host of charges related to hacking State Department and commercial Internet systems and stealing credit card, passport and other personal information.

  • June 29, 2015

    NJ Law Would Limit Employment Credit Checks

    Employers would face thousands of dollars in fines if they require credit checks on current and prospective employees, except for financial and law enforcement positions and in cases in which they suspect a worker is breaking the law, under legislation limiting employment credit checks that the New Jersey Senate approved on Monday.

  • June 29, 2015

    Anthem Hit With Suit Over Massive Health Data Breach

    Anthem Inc. was hit with a putative class action on Friday in California federal court over one of the largest corporate breaches of health care data in U.S. history, in which it is accused of failing to encrypt its data or heed warnings that it was at risk to hackers.

  • June 29, 2015

    Texas Court Says Mary Kay Can't Force EBay Info Turnover

    A Texas appeals court on Thursday denied Mary Kay Inc.'s bid to force eBay Inc. to produce information about online sellers that the company wants to sue for hawking its cosmetics out of contract, saying that Mary Kay hadn't proved jurisdiction over the sellers, as required.

  • June 29, 2015

    PayPal Clarifies Robodialing Policies After Backlash

    PayPal Inc. will narrow the robodialing portion of its user agreement following a flood of consumer privacy concerns from the Federal Communications Commission, the New York Attorney General’s Office and several senators, the company announced Monday.

  • June 29, 2015

    Facebook Texts Not Protected Under TCPA, Plaintiff Argues

    Text messages from Facebook Inc. aren’t protected by a Telephone Consumer Protection Act exception for emergency messages, the lead plaintiff in a proposed class action against the company told a California federal court on Friday.

  • June 29, 2015

    2nd Circ. To Rehear Appeal On Data Seizure In Tax Case

    The Second Circuit on Monday decided to revisit a year-old ruling in which it overturned an accountant’s tax evasion conviction on Fourth Amendment grounds, saying a full panel of its judges should weigh whether the government had illegally searched the defendant’s personal computer files.

  • June 29, 2015

    Justices To Hear Shipping Exec's Hacking Conviction Appeal

    The U.S. Supreme Court has agreed to hear an appeal from a shipping executive who was sentenced to five years in prison for hacking the company he formerly headed in order to launch a competing business, according to an order filed Monday.

  • June 26, 2015

    Plaintiffs Hit Redial On AOL 'Wrong Number' TCPA Suit

    A plaintiff tried to keep AOL Inc. on the line for claims that messages mistakenly sent to cellphones by AOL Instant Messenger users violate the Telephone Consumer Protection Act, filing anew on Thursday after the court had tossed the proposed class action.

  • June 26, 2015

    Huckabee's Bid To Put Robocall Row On Hold Slammed

    Plaintiffs in a putative class action accusing Republican presidential candidate Mike Huckabee of recording a script used in millions of robocalls promoting a film asked the Eighth Circuit on Thursday to deny the defendants’ bid to hit pause on the suit pending the U.S. Supreme Court decision in Spokeo v. Robins.

  • June 26, 2015

    Ad Software Co. Can Depose Plaintiff's Atty In Privacy Battle

    Advertising software company Paxfire Inc. can depose the lead plaintiff’s counsel in a proposed class action accusing it of intercepting customers' Internet activity for profit, a New York federal judge ruled Friday, saying the attorney was acting as a fact gatherer.

  • June 26, 2015

    Sterling Strikes Back At Doc Who Found Him Incapacitated

    Disgraced ex-Los Angeles Clippers owner Donald Sterling on Thursday took aim at the Alzheimer’s expert who found him to be incapacitated, saying Dr. Meril Sue Platzer should not be dismissed from his lawsuit over the team’s forced $2 billion sale.

  • June 26, 2015

    Audit Finds Data Security Weaknesses In Treasury Dept.

    A government auditor on Thursday said that it identified nine new information security shortcomings in the U.S. Treasury Department’s information systems that manage the federal debt last year that increase the risk of sensitive data being revealed in a breach.

  • June 25, 2015

    Top NY Court Frees AIG Unit From $18M Scam Coverage Suit

    New York’s highest court ruled Thursday that $18 million in false Medicare claims filed by health care providers don't constitute fraudulent entry into an insurer’s computer system, affirming that an American International Group Inc. subsidiary’s policy only covers losses caused by hackers.

  • June 25, 2015

    Huntington Can't Nix Actors' Privacy Claims In Ad Row

    A New York federal judge on Thursday nixed a bid by Huntington Learning Centers Inc. to escape invasion of privacy claims by three actors who allege the tutoring company violated a video shoot contract by continuing to air the commercial after their deal ended.

  • June 25, 2015

    Sex Harassment Video Not 'Highly Offensive,' DC Court Says

    The D.C. Court of Appeals on Thursday refused to revive a journalist’s tort suit against Bernabei & Wachtel PLLC for posting a video of her allegedly being sexually harassed online, concluding Bingru Wang had not shown that the publicity was highly offensive or of no public value.

Expert Analysis

  • Top 3 Cybersecurity Misconceptions

    Cybersecurity is an issue that should be top-of-mind for all companies. But there are three misconceptions that can put companies at significant risk. In this video, Foley & Lardner LLP partner Michael Overly discusses these misconceptions and how companies should change their approaches to cybersecurity.

  • Texting With An Informant: Lessons From Pa. Wiretap Ruling

    Lathrop B. Nelson III

    The Pennsylvania Superior Court recently addressed whether text messages sent on an iPad were covered under the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Although Commonwealth v. Diego arose in the context of guns and drugs, the opinion nonetheless has implications for the use of informants and technology in a wide range of government investigations, says Lathrop Nelson of Montgomery McCracken Walker & Rhoads LLP.

  • The Risk Of Insuring Supply Chains From Cyber Risk

    Lon A. Berk

    As the Internet of Things expands, so too do cyber risks created by the supply chain. Manufacturers looking to control that risk may seek indemnification and insurance protection from their suppliers, however that strategy contains hidden risks as well, say Lon Berk and Sergio Oehninger at Hunton & Williams LLP.

  • Philly Points To Standing When Fighting Class Actions

    Angelo A. Stio III

    The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • What High Court Said About Warrants In Hotel Records Ruling

    Roger Hillman

    The U.S. Supreme Court's recent decision in Los Angeles v. Patel is consistent with the trend of the current court to limit those circumstances in which a warrantless search may be permitted. The court recognizes that current technology has made the process for law enforcement to obtain a warrant much less cumbersome and time-consuming than in the past, says Roger Hillman of Garvey Schubert Barer.

  • Drone Use In Fla. Real Estate: Tricky But Not Impossible

    Josias Dewey

    On July 1, 2015, a new law will become effective. The law is an attempt by the Florida Legislature to address privacy concerns raised by the use of drones. The important question, says Josias Dewey at Holland & Knight LLP, is what this law means for legitimate businesses that can benefit from drone technology, such as surveyors, construction companies and others in the real estate industry.

  • Takeaways From 11th Circ. Ruling On Cell Tracking

    Stephen Corso

    Because historical cell tower location information reveals a user’s general location during past calls, defendants and privacy advocates have argued, and some judges have ruled, that the government must have probable cause and a warrant under the Fourth Amendment to acquire it. But the Eleventh Circuit in U.S. v. Davis recently joined the Fifth Circuit in rejecting this argument, say Stephen Corso and Pierre Grosdidier of Haynes and Boone LLP.

  • TCPA Takeaways From Makaron V. GE Security Manufacturing

    Daniel S. Blynn

    The Central District of California decision in Makaron v. GE Security Manufacturing Inc. marks a victory for companies that operate using a dealer or retailer network to distribute their products in a legal area that is a noted favorite for class action plaintiffs' attorneys and provides an example for how companies may avoid vicarious liability under the Telephone Consumer Protection Act, says Daniel Blynn of Venable LLP.

  • Article III Standing And The Zappos Breach Case Dismissal

    Mark Francis

    Motions to dismiss for lack of Article III standing have become the most effective mechanism for obtaining early dismissal of data breach consumer class actions. District courts have frequently dismissed such actions where plaintiffs have not alleged specific economic harm, and the Zappos.com Inc. decision by a Nevada federal court seems to acknowledge this as a trend, say Mark Francis and Nicholas Oldham of King & Spalding LLP.