Privacy

  • May 4, 2016

    9th Circ. Questions Nixing Of Gym Members' Text-Spam Suit

    A Ninth Circuit panel on Wednesday probed a lower court’s decision to dismiss a certified class of 80,000 gym users who claim they were illegally spammed with texts from Vertical Fitness, saying it’s unclear they consented to texts by providing phone numbers on membership applications.

  • May 4, 2016

    8th Circ. Boosts TCPA Class Cert. Bids In Medtox Ruling

    The Eighth Circuit on Tuesday lowered the bar for obtaining class certification in Telephone Consumer Protection Act cases in reviving a putative class action over junk faxes sent by a lead testing company, emboldening an already ravenous plaintiffs bar intent on making cases as large as possible in order to capitalize on the potential for hefty statutory payouts.

  • May 4, 2016

    Fla. Justices Question State Farm's Need For Hospital Info

    State Farm Mutual Automobile Insurance Co. ran into a fair amount of skepticism Wednesday as it argued before the Florida Supreme Court that an appellate court was too restrictive in interpreting a state statute that controls its discovery rights to investigate possible hospital overbilling.

  • May 4, 2016

    Ill. Parents Sue Feds Over Transgender Locker Room Policy

    A group of parents from the suburbs of Chicago sued their local school district and the U.S. Department of Education Wednesday over the district’s decision to comply with a federal law allowing students who identify as female to use the girls' locker room.

  • May 4, 2016

    Trustwave Must Face Some Insurer Claims Over Data Breach

    A Delaware state judge dismissed a slew of implied-warranty claims Tuesday in an AIG unit’s suit against cybersecurity company Trustwave Corp. over a data breach experienced by credit card processer Euronet Worldwide Inc. but let other claims in the suit proceed.

  • May 4, 2016

    Mastercard Doesn't Owe Food Co. For Data Breach Fallout

    A New York state judge ruled Tuesday that restaurant and grocery supplier Jetro Holdings LLC can’t collect from MasterCard roughly $7 million the wholesaler reimbursed its “middleman” credit card processor for costs stemming from two data breaches, because Jetro was not a party to those entities’ separate contract.

  • May 4, 2016

    6th Circ. Says IRS Settlement Prohibits FOIA Request

    The Sixth Circuit in a 2-1 decision Wednesday affirmed the dismissal of a Freedom of Information Act suit against the Internal Revenue Service brought by the owner of offshore gambling businesses, saying a settlement agreement he signed prohibited the action.

  • May 4, 2016

    Data Breach Notifications Up 40% This Year, NY AG Says

    New York Attorney General Eric Schneiderman announced Wednesday that his office has been notified by companies of 459 data breaches involving New Yorkers so far this year, a 40 percent increase compared to the same period last year, and that a new submission process has been implemented to make the reports easier to submit.

  • May 4, 2016

    Cooley Hires Cybersecurity Partner From Dentons In NY

    Cooley LLP has picked up a practitioner of privacy and cybersecurity law from Dentons for its New York office, the firm said Wednesday.

  • May 4, 2016

    Member Of $5M ATM-Skimming Scheme Gets 7-Plus Years

    A high-level member of an extensive ATM-skimming scheme that stole more than $5 million from ATM users was sentenced to more than seven years in prison on Tuesday, about two months after a New Jersey jury found him guilty.

  • May 4, 2016

    Conde Nast Says Mich. Law Update Dooms Subscriber's Suit

    Conde Nast told a New York federal judge on Tuesday that a new Michigan law is the final nail in the coffin for a proposed class action alleging the publishing giant violated customers’ privacy by selling information about them to data miners and other third parties.

  • May 4, 2016

    FAA Launches Drone Advisory Committee Led By Intel CEO

    In its latest effort to improve regulation of the growing number of unmanned aerial vehicles in American airspace, the Federal Aviation Administration is creating a long-term task force to advise the agency on drone issues led by Intel CEO Brian Krzanich, the agency said Wednesday.

  • May 4, 2016

    BMW Challenges $430K Identity Theft Verdict At 9th Circ.

    BMW’s financing arm urged the Ninth Circuit on Tuesday to reverse a jury verdict awarding $430,000 to a man who accused the company of failing to adequately investigate his report of identify theft, arguing there isn’t enough evidence to support the verdict.

  • May 3, 2016

    Covington Snags Cyber Investigations Pro From Symantec

    Covington & Burling LLP has boosted its data forensics and information security capabilities by adding Symantec's director of cyber incident response and investigations to its privacy team in New York, the firm said Tuesday.

  • May 3, 2016

    Judge Won't Put Phone Suit On Hold For High Court Ruling

    The California federal judge overseeing a proposed class action accusing a student loan administrator of violating the Telephone Consumer Protection Act refused Tuesday to halt the case until the U.S. Supreme Court can tackle the issue of standing in its highly anticipated Spokeo decision.

  • May 3, 2016

    Judge Wants Models' Suit Against Nudist Resort Condensed

    A federal judge Tuesday chastised a group of models for including “approximately 285 pages of redundancy” in their complaint accusing a Central Florida nudist resort of using their images without consent, telling them to condense the filling and leave off a deficient negligence claim.

  • May 3, 2016

    Twilio Again Presses FCC To Protect Texts Under Neutrality

    Twilio Inc. continues to press the Federal Communications Commission to protect text messages, under the Open Internet Order, that the company says are being illegally blocked by wireless carriers, according to an ex parte filing with the agency Monday.

  • May 3, 2016

    Insurers Off Hook For $20M TCPA Deal, Ill. Court Rules

    An Illinois state appeals court on Monday affirmed that a trio of insurers owed no payment toward a $20 million settlement their policyholder reached with a pair of businesses in an underlying Telephone Consumer Protection Act lawsuit, finding that a “violation of statutes” exclusion denied coverage.

  • May 3, 2016

    Health Data Co., Patient Settle Info Breach Suit

    Intermedix Corp. agreed Tuesday to settle a putative class suit in Florida over a security breach at the health care payment and data processing company that led to theft of patients' tax refunds.

  • May 3, 2016

    Insurers Need To Revamp Cyber Risk Strategy, Report Says

    The demand for cyber liability insurance is expected to explode in the coming years, and insurers need to embrace new ways of analyzing potential risks in order to avoid being pushed out of the increasingly competitive marketplace, according to a report released Monday.

Expert Analysis

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • The Tension Between Privacy And 'Know Your Customer'

    Cheryl M. Lott

    One of the consistently challenging areas of the "know your customer" requirements for financial institutions is the specifics of the source of wealth for higher-risk-rated customers. Thus, the tension builds — where a customer is less likely to volunteer information is the area where the financial institution needs evidence to support the information it receives, says Cheryl Lott of Buchalter Nemer PLC.

  • Takeaways From FCC’s Briefing Defending TCPA Ruling

    Michael J. Stortz

    In briefing before the D.C. Circuit in defense of its July 2015 Telephone Consumer Protection Act order, the Federal Communications Commission has suggested some modest limits to the otherwise expansive language of the order. The briefs are worth considering on key issues such as revocation of consent and whether a platform or device may come within the definition of automatic telephone dialing systems, says Michael Stortz of Drink... (continued)

  • 3 Ways Cybersecurity Law In China Is About To Change

    Timothy Stratford

    China’s draft cybersecurity law — which the government is aiming to enact later this year — could have long-lasting impacts on multinationals in the areas of data localization, cross-border data transfer, and security reviews of network products and services, say Timothy Stratford and Yan Luo of Covington & Burling LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • The Changing Landscape Of Health Care Data Breaches

    Lynn Sessions

    Although employee action or mistake continues to be a leading cause of health care data breaches, health care is being affected by phishing, hacking and malware attacks just like any other industry. Experience shows that health care may even be targeted more and more for these cyberattacks, says Lynn Sessions of BakerHostetler.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Developments At The NAIC Spring Meeting: Part 1

    Thomas M. Kelly

    This three-part series from attorneys at Debevoise & Plimpton LLP highlights some of the developments from the National Association of Insurance Commissioners' spring meeting that are of particular interest to the insurance industry. In this part, we take a look at life insurer, property/casualty insurer, captive reinsurance and cybersecurity developments.

  • Monitoring Employee Communications: A Brave New World

    Karla Grossenbacher

    Most employers are comfortable with the notion that, with a properly worded policy, they can access employee emails on a company-provided email server. However, what about situations where employees use web-based email, like Gmail or Hotmail, to communicate in the workplace? Using several recent cases as examples, Karla Grossenbacher at Seyfarth Shaw LLP examines an employer’s rights to access and review such communications.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.