Privacy

  • August 29, 2014

    Order On Microsoft Customer Emails Warrant Back In Play

    A New York federal judge lifted a stay on an order that Microsoft Corp. produce customer emails stored on a company server located overseas, ruling Friday that the order, which stems from a narcotics trafficking probe, wasn't final and therefore wasn't subject to appellate review.

  • August 29, 2014

    Calif. Student Online Privacy Bills Head To Governor

    The California Legislature has sent to the governor's desk a pair of groundbreaking student online privacy bills that would prohibit school districts and their third-party partners from surreptitiously analyzing students' social media postings and using their personal educational data to target advertising.

  • August 29, 2014

    Google Needn't Reveal Blogger's Identity: Texas High Court

    A divided Texas Supreme Court on Friday freed Google Inc. from having to unmask an anonymous blogger accused of defaming The Reynolds & Reynolds Co., finding that a lower court lacks personal jurisdiction over the blogger and can't order presuit discovery.

  • August 29, 2014

    Google's $8.5M Privacy Deal Fails ‘Smell Test,’ Judge Says

    A California federal judge said Friday he’d likely reject Google Inc.’s $8.5 million settlement in a class action claiming the tech giant illegally divulged search data, saying the fact most of the money would go to charities Google already supports “doesn’t pass the smell test.”

  • August 29, 2014

    Ex-FCC Boss Among 6 Named To Intelligence Advisory Board

    President Barack Obama on Thursday named former Federal Communications Commission chairman Julius Genachowski as one of six appointees to an independent body overseeing the U.S. intelligence community.

  • August 29, 2014

    Care One’s Sanctions Motion In TCPA Row Called A Diversion

    A plaintiff’s attorney on Thursday blasted health care provider Care One LLC’s motion to sanction him in New Jersey federal court in a proposed class action that alleges the company violated the Telephone Consumer Protection Act, claiming Care One is trying to substitute a motion for sanctions for a viable defense.

  • August 29, 2014

    Envelopes Can’t Show Debt Account Nos., 3rd Circ. Says

    The Fair Debt Collection Practices Act bars debt collectors from revealing account numbers on the outside of envelopes mailed to consumers, the Third Circuit ruled Thursday, reviving a proposed class action against collections company Convergent Outsourcing.

  • August 28, 2014

    FTC Fires Back At LabMD's Sanctions Bid In Data Security Row

    The Federal Trade Commission has shot back at LabMD Inc.'s push to sanction the agency for its handling of a key piece of evidence in the parties' ongoing data security fight, arguing the request ignores evidence that “amply” demonstrates the company's allegedly lax data safeguards.

  • August 28, 2014

    Junk Fax TCPA Breach Isn't Covered 'Accident,' Insurers Say

    Hartford Casualty Insurance Co. and Twin City Fire Insurance Co. asked an Illinois federal judge on Wednesday to rule that they shouldn't have to cover a policyholder’s $18 million junk fax class settlement, because Telephone Consumer Protection Act violations don't qualify as accidents.

  • August 28, 2014

    Dairy Queen Data Breach Linked To Widespread Malware

    Ice cream and fast food chain Dairy Queen disclosed Thursday that customer data at a “limited number” of its stores may have been compromised by hackers using point-of-sale malware that federal investigators believe has impacted more than 1,000 U.S. businesses.

  • August 28, 2014

    Mich. Privacy Law Shields Magazine Subscribers, Judge Says

    A Michigan federal judge has refused to toss a putative class action accusing magazine publisher Meredith Corp. of violating the state's video privacy law by disclosing subscribers' personal data, ruling that the statute can be read to apply to magazine subscriptions.

  • August 28, 2014

    Drone Group Backs Amazon's Bid For Unmanned Test Flights

    An organization representing the U.S. drone industry is throwing its weight behind Amazon.com Inc.'s bid to secure federal authorization to conduct experimental test flights of unmanned aerial vehicles in pursuit of a new delivery service, Prime Air.

  • August 27, 2014

    JPMorgan Chase, Several Other Banks Attacked By Hackers

    JPMorgan Chase & Co. and several other banks have reportedly been hit by coordinated hacker attacks this month, prompting a federal investigation, though the significance of the breaches remained unclear.

  • August 27, 2014

    Texas Sues Xerox For Return Of Medicaid Records

    The Texas Health and Human Services Commission sued a Xerox Corp. unit in state court Tuesday seeking the immediate return of all records related to Xerox’s administration of state Medicaid payments, adding a new wrinkle to state allegations Xerox overpaid predatory dental companies.

  • August 27, 2014

    FTC Must Face Suit Over Skirting Rules Of Robocall Contest

    A man who sued the U.S. government after losing a Federal Trade Commission-sponsored contest to address the problem of robocalling has sufficiently alleged the agency failed to follow the rules of the contest, a U.S. Court of Federal Claims judge said on Tuesday.

  • August 27, 2014

    Calif. Senate Passes Bill Restricting Police Drones

    The California Senate on Tuesday passed a bipartisan bill that would limit the use of drones by police and public agencies, including by demanding warrants and setting a six-month window for retaining information collected by the flying machines.

  • August 27, 2014

    Privacy Groups Again Seek To Derail $8.5M Google Settlement

    A coalition of privacy groups renewed their objections to Google Inc.'s $8.5 million class action settlement over claims it illegally divulged search data, urging a California federal judge on Wednesday to reject the deal because it would not directly pay class members or change Google's practices.

  • August 27, 2014

    Hulu Looks To Finish Off Privacy Suit Over Facebook 'Likes'

    Hulu LLC moved on Tuesday to toss what remains of a suit brought by a putative class of users unhappy that it is sharing their information with third parties, hitting back at arguments that the presence of Facebook Inc.'s “Like” button violates a federal privacy law.

  • August 27, 2014

    Trump Entertainment Secretly Taped Employee Interviews: Suit

    Trump Entertainment Resorts has been sued and its attorney hit with malpractice claims by former Trump-owned casino shift managers who say they were fired after their conversations were secretly recorded during a discrimination investigation, according to a lawsuit removed to New Jersey federal court Tuesday.

  • August 27, 2014

    Voiceshot, Realty Co. Can’t Duck Text Message TCPA Action

    An Illinois federal judge refused to throw out a proposed class action on Tuesday claiming a realty company and telemarketers from Voiceshot LLC violated the Telephone Consumer Protection Act, finding the fact that Voiceshot’s computer servers were located outside the state is not grounds to dismiss the case.

Expert Analysis

  • Monitoring Employees: How Far Can Employers Go?

    Michael V. Abcarian

    It is increasingly important for employers to know their legal limits when monitoring employee conduct since employees may question the legality of employer's monitoring their off-site conduct, especially when they are off-duty, says Michael Abcarian of Fisher & Phillips LLP.

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • How To Protect In-House Legal Privilege Internationally

    Martje Verhoeven-de Vries Lentsch

    Many companies regularly communicate with in-house legal advisers all over the globe. Are these communications privileged? By answering five questions, companies and attorneys can perform a high-level, initial assessment of legal privilege protection in a multijurisdictional context, says Martje Verhoeven-de Vries Lentsch of De Brauw Blackstone Westbroek and Haynes and Boone LLP.

  • How To Make Inroads In The MENA E-Commerce Market

    Courtney M. Bowman

    Although news reports may suggest that the region is synonymous with upheaval and strife, the Middle East and North Africa are actually one of the brightest frontiers for e-commerce today, says Courtney Bowman of Proskauer Rose LLP.

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • Capital One's Record Settlement May Spur More TCPA Suits

    Lewis S. Wiener

    As with the growing trend of high-dollar settlements that preceded it, Capital One Financial Corp.'s recent $75 million Telephone Consumer Protection Act-related settlement — the largest yet — only makes it more likely that there will be an uptick in such class actions and related individual cases, say attorneys at Sutherland Asbill & Brennan LLP.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • Call And Record Me Maybe: The State Of CIPA Class Actions

    Ryan C. Nier

    The opinion in Young v. Hilton Worldwide Inc. signals a significant shift away from case law trending dangerously toward liability for California companies recording calls for service monitoring, say Ryan Nier and Elizabeth Dorsi of Paul Hastings LLP.

  • How Website Operators Use CFAA To Combat Data-Scraping

    Aaron Rubin

    In light of recent cases, it seems that plaintiffs are likely to have more success asserting Computer Fraud and Abuse Act claims against scrapers where they clearly and unambiguously revoke authorization to access their websites and take affirmative steps to block the scrapers, say Aaron Rubin and Tiffany Hu of Morrison & Foerster LLP.