An administrative law judge on Wednesday shut down Tiversa Holding Corp.’s bid to discredit a former employee who is expected to poke holes in the Federal Trade Commission's data security assertions against LabMD Inc., saying it was improper for Tiversa to jump into the dispute.
Class counsel in a proposed $40 million Telephone Consumer Protection Act settlement with HSBC Bank NA told an Illinois federal judge Thursday that the Seventh Circuit's recent opinion slamming a “selfish” false labeling class settlement supported their $12 million fee bid and asked the court to approve their deal.
Ride-sharing service Uber Technologies Inc. said Thursday that it has retained a top Hogan Lovells privacy attorney and her colleagues to review its data use policies, a day after a U.S. senator criticized the practices in the wake of a report that the company is surreptitiously tracking customers.
UnitedHealthcare Inc. on Wednesday ducked a proposed class action brought by a chiropractor alleging violations of the Telephone Consumer Protection Act after an Illinois federal judge said that the chiropractor’s provider agreement stipulated that his complaint had to be arbitrated.
Plaintiffs asked a California federal judge on Wednesday to reconsider her decision granting gym chain Crunch San Diego LLC a pretrial win in a proposed class action accusing it of violating the Telephone Consumer Protection Act, arguing the decision conflicts with rulings from the Federal Communications Commission.
A New Jersey federal judge has directed the Federal Trade Commission and Wyndham Worldwide Corp. to mediate their closely watched dispute over whether the regulator has the authority to bring lawsuits against companies for instituting allegedly lax data security practices.
A U.S. Postal Service official on Wednesday pushed back at staunch criticism from a U.S. House of Representatives panel over why the agency waited two months to notify 800,000 current and former employees that their data had been compromised in a security breach, saying that alerting them any sooner would have allowed the hackers to burrow deeper into its systems.
In upholding a $1.4 million verdict against Walgreen Co. last week, an Indiana appeals court became the first court nationwide to find a health care provider liable for an employee's illegal scouring of customer medical records. Here, attorneys share several lessons employers should take from the case to help them avoid a similar fate.
Staples Inc. confirmed Wednesday that hackers broke into its computer network, but, nearly a month after the intrusion was made public and amid industry calls for a federal data breach notification law, the company said it still does not know if customer data was taken.
A Connecticut federal judge on Tuesday wouldn’t let Frontier Communications Corp. skirt a proposed class action accusing it of placing thousands of illegal telemarketing calls, saying that a settlement offer it made to the plaintiff didn’t moot her claims.
A Davis Polk & Wardwell LLP website editor suing for discrimination must turn over her resumes, job applications and communications about other job offers to the law firm's defense team and cannot, for now, access private information about her co-workers' job evaluations and salaries, a federal judge ruled on Wednesday.
A proposed class accusing Verizon Wireless LLC of illegally recording calls with noncustomers without their consent urged the Ninth Circuit on Tuesday to bar the practice, saying a district court judge should have found they’d suffer irreparable harm without a preliminary injunction.
The U.S. Senate on Tuesday fell short of advancing a bill that would have restricted surveillance by the National Security Agency and the FBI while extending key provisions of the Patriot Act until 2017.
Two Senate Democrats this week urged the U.S. Department of Justice to reveal the details of a secret program that extracts cellphone users' private information through devices that mimic cellphone towers, according to letters posted on the senators' websites.
A pair of federal lawmakers on Tuesday pushed Bank of America Corp., Wells Fargo & Co., Morgan Stanley, Goldman Sachs Group Inc. and a dozen other financial institutions to detail their approaches to data security and disclose whether they had been targeted by hackers during the past year.
The Ninth Circuit ruled Tuesday that a California law forcing sex offenders to report all their online avatars on sites such as Facebook, Twitter, news websites and discussion forums violates the First Amendment, agreeing with a lower court to maintain an injunction against the law's enforcement.
AT&T Mobility LLC on Monday asked the Eleventh Circuit to clear up the confusion surrounding whether the government needs a warrant to access cellphone location data, saying courts have to balance Fourth Amendment rights with the needs of law enforcement.
With agencies like the National Labor Relations Board scrutinizing social media policies and information on people's Facebook, Twitter and other pages cropping up in employment disputes, employers have begun giving more thought to how they handle social media. Here, attorneys offer advice for how employers should address social media issues in hiring, in the workplace and in court.
Home Depot Inc. said Tuesday that it expects to shell out approximately $34 million this year on litigation and other expenses related to a massive data breach that compromised the personal information of millions of customers.
The plaintiff in a Telephone Consumer Protection Act suit against Government Employees Insurance Co. and affiliated debt-collection company Bell LLC moved Monday for sanctions against Bell and its attorney from Hinshaw & Culbertson LLP, saying they “have made a mockery of their obligations to respond to discovery.”
Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.
Storing customer contact information on the “cloud” and employees’ personal devices potentially renders the information unprotectable, unless you have clear, written policies on data usage on those devices and on social media. However, there is a better approach, says David Tryon of Porter Wright Morris & Arthur LLP.
The Video Privacy Protection Act is making itself felt in a recent wave of class actions against media companies such as Hulu LLC, Redbox Automated Retail LLC and Cartoon Network over their alleged disclosure of consumer viewing habits. Importantly, the statute — like the Telephone Consumer Protection Act — does not require actual damages, say attorneys with Paul Hastings LLP.
Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.
The common denominator of most of the recent high-profile breaches is that they are retail businesses that accept credit cards. Accordingly, as recent guidance from the Payment Card Industry Security Standards Council reminds us, companies that process credit cards should be scrutinizing vendors’ security practices as closely as they review and manage their own practices, says Gregory Stein of Ulmer & Berne LLP.
As crowdfunding changes the financial landscape, third-party accredited-investor verifiers will continue to provide an important service. However, such verification is not without its risks, with two key areas of concern being privacy and the method used for verification, says Charles Alovisetti of Goodwin Procter LLP.
Recent decisions from the Eleventh and Ninth circuits illustrate not only the potential breadth of third-party liability under the Telephone Consumer Protection Act, but also the differing standards for third-party liability that may be applied depending on the type of communication at issue, say Lewis Wiener and Wilson Barmeyer of Sutherland Asbill & Brennan LLP.
While the Computer Fraud and Abuse Act's language is silent on vicarious liability, this omission has not precluded some courts from looking beyond the text to apply common law principles of agency or, alternatively, imposing such liability using the CFAA’s conspiracy provision, says Leonard Feiwus of Kasowitz Benson Torres & Friedman LLP.
Recent high-dollar class action settlements by companies in the financial services industry, combined with the unsettled law concerning the scope of consent, among others, continue to drive a trend of new Telephone Consumer Protection Act filings, say attorneys with Sutherland Asbill & Brennan LLP.
A Pennsylvania district court's recent ruling in First Commonwealth Bank v. St. Paul Mercury Insurance Co., which involved a cyberattack on an oil company, is significant because it demonstrates that insurance coverage is available when the insured is complying with the law governing its response obligations to hacking, regardless of whether the insured received the insurer’s written consent, say Matthew Jacobs and Daniel Johnson o... (continued)