• October 29, 2014

    FCC Data Security Powers Likely To See FTC-Like Challenges

    The Federal Communications Commission last week added its name to the growing number of regulators intent on bringing enforcement actions over allegedly lax data security practices, but attorneys say the agency's efforts are likely to face corporate challenges similar to the ones plaguing the Federal Trade Commission.

  • October 29, 2014

    Best Buy, Yelp Agree To Alert Web Users Of Data Collection

    A group within the advertising industry’s self-regulatory body said Tuesday that Best Buy Co. Inc., Yelp Inc. and three others had agreed to prominently alert website visitors when third parties are collecting information for behavioral advertising, to resolve the first actions stemming from a recent compliance warning.

  • October 29, 2014

    EXCLUSIVE: SEC Issued Badges Without Security Checks

    The U.S. Securities and Exchange Commission neglected to perform required background checks before giving security keycards to some of its workers and failed to document who received those keycards, according to a previously undisclosed report by the agency’s inspector general.

  • October 29, 2014

    More Cybersecurity Regs Would Hurt Business, SEC Told

    The U.S. Chamber of Commerce on Tuesday urged the U.S. Securities and Exchange Commission not to go overboard on cybersecurity regulations, saying that legislation forcing public companies to disclose cyberattack information would hurt businesses and harm their relationship with the government.

  • October 29, 2014

    Quicken Fails To Disconnect Claims Of Secret Call Recordings

    A California federal judge on Tuesday wouldn’t let Quicken Loans Inc. skirt a proposed class action accusing the lender of surreptitiously recording sales calls to prospective customers, rejecting the lender’s arguments that the state’s Invasion of Privacy Act was ambiguous or overbroad.

  • October 29, 2014

    HSBC's $40M TCPA Deal Goes To Judge For Final Approval

    A Nevada federal judge was asked on Tuesday to grant final approval to a $40 million settlement that would resolve class action allegations that HSBC Bank NA violated the Telephone Consumer Protection Act, and to quash the efforts of so-called “professional objectors” to scuttle the deal.

  • October 28, 2014

    Senators Optimistic Cybersecurity Bill Will Pass In 2014

    The leaders of the U.S. Senate Intelligence Committee said Tuesday they were gearing up to push their bipartisan cyberthreat information-sharing legislation through Congress before the end of the year, saying they believed they had ironed out liability and privacy concerns and had the support necessary to complete the task.

  • October 28, 2014

    DOJ To Bring More Criminal Cases Against Hackers

    A U.S. Department of Justice official said Tuesday that the agency has made it a top priority to bring more criminal actions against nation-states and other hackers that target sensitive data held by U.S. corporations, noting that businesses shouldn't have to face the threats alone.

  • October 28, 2014

    Retailers Led Calif. Data Breach Surge In 2013, Report Says

    Reported data breaches in California jumped 28 percent last year, and the vast majority came from hackers or malware attacking the systems and networks of retailers such as Target Inc., California Attorney General Kamala Harris reported Tuesday.

  • October 28, 2014

    White House Wants To 'Kill' Online Passwords, Adviser Says

    The White House's top cybersecurity adviser said Tuesday that the Obama administration wants to "kill the password dead" as a method for verifying individuals' online identity, and that the government and industry members are planning to roll out new ways to better secure the verification process within the next year.

  • October 28, 2014

    IRS Failed To Issue Anti-Fraud Nos. To Some ID Theft Victims

    The Internal Revenue Service failed to issue identification numbers meant to deter tax-related fraud to more than half a million people in 2013 who were victims of tax-related identity theft, according to a report released Tuesday.

  • October 28, 2014

    Ex-US Tech Chief Subpoenaed Over Woes

    House Science, Space and Technology Committee Chairman Lamar Smith, R-Texas, said Tuesday that he had issued a subpoena to former U.S. Chief Technology Officer Todd Park, compelling him to testify over security and privacy concerns regarding the website, after repeatedly dodging requests to appear before the committee.

  • October 28, 2014

    InterContinental Unit Sues Zurich For Privacy Case Coverage

    An InterContinental Hotels Group PLC unit hit Zurich American Insurance Co. with a complaint on Monday in California federal court, demanding coverage under two insurance policies for any potential losses that might result from a pending class action accusing the hotel company of illegally recording customer service phone calls in California.

  • October 28, 2014

    Publix Seeks OK On $6.8M Deal Over Background Checks

    Publix Super Markets Inc. and plaintiffs suing the chain over its job application process asked a Tennessee federal court on Monday to sign off on a roughly $6.8 million settlement, potentially laying to rest claims that the supermarket company violated the Fair Credit Reporting Act with improper background check procedures.

  • October 27, 2014

    Failed Class In Aaron's Spying Suit Asks 3rd Circ. For Cert.

    A pair of consumers have asked the Third Circuit to overturn a lower court's denial of class certification in a lawsuit alleging Aaron’s Inc. franchisees installed spyware on computers, arguing the class members can be reasonably identified through the rent-to-own retailer’s records.

  • October 27, 2014

    Sam's Club Customers Ask Justices To Revive FCRA Case

    Sam's Club customers have asked the U.S. Supreme Court to revive a proposed class action over the disclosure of customer credit card numbers on the retailer's receipts, arguing a previous ruling dismissing the case creates a circuit split over the interpretation of the Fair Credit Reporting Act.

  • October 27, 2014

    UK Looks To Ramp Up Fining Power For Spam Calls, Texts

    The U.K. government on Saturday unveiled a proposal to tighten the country's telemarketing regulations in order to make it easier for the national data protection authority to fine companies that are accused of bombarding customers with unwanted calls or texts.

  • October 27, 2014

    Top Legal Adviser To FTC Chair To Leave For Perkins Coie

    Janis Kestenbaum, a top attorney-adviser to Federal Trade Commission Chairwoman Edith Ramirez who specializes in privacy and data security issues, will leave the agency to join Perkins Coie LLP.

  • October 27, 2014

    Gym Chain Crunch Ducks TCPA Suit By Not Using Autodialer

    A California federal judge has squashed a putative class action accusing gym chain Crunch San Diego LLC of spamming its members’ cellphones with promotional text messages, finding that the Telephone Consumer Protection Act didn’t apply because the company hadn’t used an autodialer.

  • October 27, 2014

    NY Cybersecurity Push Turns Up The Heat On Law Firms

    In pushing banks to detail how they protect consumer data shared with third parties, New York's banking regulator called out law firms as a type of vendor that needs to be carefully watched, increasing the pressure on firms to develop robust data security practices and take steps to assure that sensitive client data is secure.

Expert Analysis

  • Automakers Should Not Be Held Strictly Liable For V2V Hacks

    Todd B. Bernoff

    Strict liability was initially used to spur the auto industry to develop safer vehicles. And it worked. But that incentive is not necessary in the case of hacking vehicle-to-vehicle communication systems, for a number of reasons, says Todd Bernoff of Alston & Bird LLP.

  • FCC's 1st Data Security Action Raises Concerns

    Howard Waltzman

    The Federal Communications Commission's first major case involving data security introduces a potential overlap with the Federal Trade Commission’s jurisdiction — and the risk of dual, and even conflicting, regulation, say Howard Waltzman and Lei Shen of Mayer Brown LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • CFPB Final Privacy Notice Rule Will Hurt Consumers

    Andrew M. Smith

    By crafting a narrowly tailored rule for financial institutions on posting online annual privacy notices and imposing several needlehole requirements, the Consumer Financial Protection Bureau is essentially discouraging companies from adopting a sensible and consumer-friendly alternative, say attorneys at Morrison & Foerster LLP.

  • FCC Is Latest Agency To Enter Cybersecurity Enforcement

    Bruce Olcott

    The Federal Communications Commission's massive $10 million fine against wireless carriers TerraCom Inc. and YourTel America Inc. appears to extend the FCC definitively into the enforcement of cybersecurity, a realm in which it has not previously taken a major role, say attorneys with Jones Day.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • New Calif. Data Breach Rules Bring Obligations And Debate

    Ellen Giblin

    The new law regarding the California breach notification requirement related to identity theft prevention and mitigation services has already spurred debate on two issues, say attorneys with Edwards Wildman Palmer LLC.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • International Standard Could Reshape Cloud Privacy

    Lindsey Tonsager

    Because the International Standards Organization and the International Electrotechnical Commission's new voluntary standard is the first international standard to focus on privacy in the cloud and provides an auditable policy framework for privacy compliance, it could significantly shape cloud services around the globe, says Lindsey Tonsager of Covington & Burling LLP.