Privacy

  • December 19, 2014

    FBI Points To North Korea For Sony Studio Hack

    After weeks of speculation, the FBI on Friday placed blame squarely on North Korea for the massive hack at Sony Pictures Entertainment Inc. that has roiled Hollywood and compelled the movie studio to pull the plug on its comedy film, “The Interview.”

  • December 19, 2014

    Staples Says More Than 1M Customer Cards Breached

    Staples Inc. said Friday that as many as 1.16 million customer payment cards may have been compromised by a recent data breach that affected payment systems in more than 100 of the retailer's stores throughout the U.S.

  • December 19, 2014

    Sen. Rockefeller Proposes Drone Privacy Bill

    Sen. John D. Rockefeller IV, D-W.Va., outgoing chairman of the Senate Commerce Committee, proposed a bill on Friday that would impose privacy regulations on commercial drone operators, calling for additional safeguards to protect individuals' personal information.

  • December 19, 2014

    Lululemon Settles Blind Shopper Class Suit On Sales Devices

    A Florida federal judge on Friday granted preliminary approval to a settlement in a class action accusing clothing retailer Lululemon USA Inc. of violating federal law by not providing point-of-sale machines with textured keys, forcing blind customers to divulge their PINs when making debit card purchases.

  • December 19, 2014

    $1M Fee Award Slashed In $3M Gann TCPA Settlement

    A New Jersey federal judge has slashed a $1 million fee award in a $3 million class action settlement over thousands of junk faxes sent by Gann Law Books Inc., saying that the fee dwarfed the benefits to the class because much of the settlement will actually revert back to the publisher.

  • December 19, 2014

    Judge Slams Symantec's 'Ridiculous' Quash Bid In Target MDL

    A California federal judge on Friday called Symantec Corp.'s bid to avoid handing over documents in multidistrict litigation over a massive breach of Target Corp.'s customer data “ridiculous” and ordered the antivirus software company to cough up details on the software it provided to the retailer.

  • December 19, 2014

    Higher Ed Corp. Slapped With TCPA Suit Over Robocalls

    For-profit university system Education Corp. of America was hit with a proposed class action Thursday in South Carolina federal court alleging that it and a marketing company violated the Telephone Consumer Protection Act by using an auto-dialer to make calls on behalf of one of its schools.

  • December 18, 2014

    Sony Hit With 2 More Suits Over 'The Interview' Hack

    Sony Pictures Entertainment Inc. is facing two more putative class actions from employees whose personal information was leaked as part of a massive hack directed at the movie studio over its comedy “The Interview,” about a plot to kill North Korea's Kim Jong Un.

  • December 18, 2014

    Privacy MVP: Cooley's Michael Rhodes

    Cooley LLP partner Michael Rhodes scored a major victory this year by defeating a proposed class against Google Inc. that would have been one of the largest classes ever, an achievement that earned him a spot for the fourth year in a row on Law360’s Privacy MVP list.

  • December 18, 2014

    Background Checker Breach Risks 50,000 Fed Workers' Info

    The private information of nearly 50,000 government employees may have been compromised during a network security breach at federal background check company KeyPoint Government Solutions, the second such breach this year, officials said Thursday.

  • December 18, 2014

    Target Data Breach Suit Left Largely Intact

    A Minnesota federal judge on Thursday left largely intact a consolidated consumer class action filed against Target Corp. over its infamous 2013 holiday data breach, dismissing a few state and other claims but allowing the plaintiffs to continue with the majority of the suit.

  • December 18, 2014

    Kmart Faces Class Action From Bank Over Data Breach

    A Louisiana-based bank has hit Kmart Corp. with a putative class action in Illinois federal court accusing the retailer of relying on outdated security measures that failed to detect malware that infiltrated its systems, despite being put on notice of the hackers' techniques by similar breaches at Target Corp. and others.

  • December 18, 2014

    Mount Sinai Says Whistleblowers Misused Patient Info

    Mount Sinai Hospital on Wednesday urged a New York federal judge to dismiss a whistleblower suit claiming the hospital fraudulently billed Medicare and the New York Medicaid program, arguing that the relators in the case took advantage of their positions at the hospital to improperly access patient records used in the suit.

  • December 18, 2014

    Dish TCPA Ruling Puts Bull's-Eye On Big-Name Companies

    An Illinois federal judge last week found Dish Network LLC liable for tens of millions of third-party telemarketing sales calls that could expose the company to billions of dollars in damages, a ruling likely to hasten the flood of class actions seeking to hold large companies responsible for smaller entities' alleged telemarketing violations.

  • December 18, 2014

    Chargers Sacked With TCPA Class Action Over Ticket Calls

    The San Diego Chargers have been hit with a proposed class action lawsuit in California court alleging employees of the football company violated the Telephone Consumer Protection Act by making unsolicited calls advertising tickets.

  • December 17, 2014

    ICANN Email Credentials, User Data Lifted In Cyberattack

    The nonprofit organization that manages Internet domain names and addresses said Tuesday that it was the target of a spear-phishing attack that compromised the email credentials of several staff members as well as the names, passwords and other account details belonging to certain domain registries.

  • December 17, 2014

    Wash. Debt Collector Can't Elude FDCPA Class Action

    A federal judge in Washington state on Tuesday refused to throw out a proposed class action accusing a debt collector of unlawfully threatening debtors with prosecution, finding that the underlying debt stemming from a bounced check for license plate fees was covered under the Fair Debt Collection Practices Act.

  • December 17, 2014

    Privacy MVP: Fenwick & West's Tyler Newby

    Helping Pandora Media Inc. shake off a proposed class action alleging it misused customer information and serving as co-lead counsel in multidistrict litigation over Carrier IQ Inc.'s cellphone tracking software are among the highlights that landed Fenwick & West LLP partner Tyler Newby on Law360's list of 2014 Privacy MVPs.

  • December 17, 2014

    Silk Road's 'Dread Pirate' Blew Off Verbal Plea Deal Offer

    Alleged Silk Road mastermind Ross Ulbricht said Wednesday in Manhattan federal court that he ignored an opportunity to plead guilty prior to being formally indicted for running a global online drug trafficking and money laundering operation.

  • December 17, 2014

    Airgas Credit Card Receipts Violate FCRA, Class Says

    Airgas Inc. on Monday was hit with a proposed class action in Illinois court alleging it ran afoul of the Fair Credit Reporting Act and put its customers at risk of identity theft by printing expiration dates on credit and debit card receipts.

Expert Analysis

  • Tracking State Data Protection Enforcement In 2014

    Heather Egan Sussman

    In 2014, state attorneys general continued to play the important parallel roles they have developed in recent years by expanding their use of joint, multistate investigations into data breaches and state legislatures introduced bills on issues such as revenge porn and students' personal and social media information, say attorneys at McDermott Will & Emery LLP.

  • 6 Privacy Law Trends That Will Continue In 2015

    Liisa Thomas

    With expanding definitions of what constitutes “personal” information, rampant data breach litigation and increased activity in the international space, 2014 has been a busy year in privacy law. These trends will likely feed into what we see in the privacy space in 2015, say Liisa Thomas and Rob Newman of Winston & Strawn LLP.

  • Congress Surprisingly Passes Several Cybersecurity Bills

    Paul M. Tiao

    With many observers expecting little legislative activity on cybersecurity before the end of the year, that Congress has passed and sent major cybersecurity legislation to the White House for the first time in 12 years may signal Congress’ intent to address systems protection issues more thoroughly in the next two years, say Paul Tiao and Eric Hutchins of Hunton & Williams LLP.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • What's Missing From Many Lawyers' Cyberinsurance Advice

    Daniel Garrie

    Unfortunately I am watching many companies, law firms and accounting firms purchase cybersecurity insurance that is insufficiently effective, overly expensive or both. While insurance is necessary and important, it must be paired with the deployment of hardware and software systems and a review of existing policies and agreements, says Daniel Garrie of Law & Forensics LLC.

  • Cybersecurity In 2014: A Look Back At The NIST Framework

    Mauricio Paez

    One of the more significant cybersecurity developments in 2014 was the release of the the National Institute of Standards and Technology's "Framework for Improving Critical Infrastructure Cybersecurity." Some of the key qualities of the framework include its adaptability, structure and voluntary nature, say attorneys with Jones Day.

  • In-House Forecast For 2015: Past Is Prologue

    Veta T. Richardson

    Taking stock of 2014 trends — from increasing multinational expansion to new anti-corruption laws to major data breaches affecting millions of customers — provides a good opportunity for corporate counsel to renew their focus on a number of issues deserving attention in 2015 and beyond. Consider a few takeaways, says Veta Richardson, president and CEO of the Association of Corporate Counsel.

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • Fingerprint Lock Won't Protect Phone From Law Enforcement

    Kedar Bhatia

    A recent Virginia court ruling in Virginia v. Baust is a reminder to corporations and their counsel that while fingerprint technology may block hackers or thieves from viewing the contents on smartphones, it may surprisingly make it easier for government investigators to access these powerful mobile devices, say Glen Kopp and Kedar Bhatia of Bracewell & Giuliani LLP.