Concerned about the vulnerability of California’s electronic systems to cyberattacks, the leader of the state Assembly said Thursday he had introduced a bill to create a panel of appointed experts who would focus on coordinating government and private sector efforts to safeguard critical infrastructure.
Facebook Inc. Chief Privacy Officer Erin Egan said Friday that the company is planning to soon roll out new tools that will enable users to better understand how their information is being used by third-party advertisers and outside sites that ask them to link to Facebook.
The U.S. Foreign Intelligence Surveillance Court rejected on Friday the government’s bid to allow the National Security Agency to keep bulk telephone call records for more than five years to comply with evidence preservation rules in litigation against its data collection program, citing U.S. citizens' privacy interests.
The Federal Aviation Administration said Friday that it would appeal a National Transportation Safety Board judge's decision to the entire NTSB in its first case attempting to assert authority over low-flying unmanned aircraft, citing concern that the decision will harm safety of people and property on the ground.
Federal Trade Commissioner Julie Brill on Friday injected her views into the raging debate over a national data security standard, saying that any breach notification legislation that preempts state laws should include a low reporting trigger and enforcement powers for state regulators.
Plaintiffs urged an Illinois federal judge on Friday to certify a class of potentially millions of consumers allegedly targeted in a massive unsolicited robocall campaign by Caribbean Cruise Line Inc. and others, but the judge said he would need more evidence before making his decision.
A trio of European Union privacy regulators on Friday shot down suggestions that stalled efforts to reform the bloc’s data protection regime were dead, but conceded that hammering out an agreement may go past the current Jan. 1 deadline.
The Transportation Security Administration has ceased its development of a new prescreening initiative that would have searched through flyers’ online data in order to assess their flight risk, saying in a notice posted to a government contracting website Tuesday that it would explore additional ideas before testing the technology on passengers.
Johns Hopkins University said Friday that more than 800 students’ names and contact information stolen from a biomedical engineering department Web server was posted on the Internet on Thursday, following an extortion message from someone claiming to be a member of the hacker group Anonymous.
Kaye Scholer LLP has hired a former Cisco Systems Inc. attorney to lead its new global cybersecurity and privacy group, which will provide cyber policy advice and represent clients in privacy-related litigation and regulatory actions, the firm said Friday.
A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.
Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.
Ann Taylor Inc. has settled a consumer class action accusing it of illegally collecting ZIP codes during credit card purchases, agreeing to hand out vouchers to affected customers, according to a Thursday filing in Massachusetts federal court.
The U.S. Federal Aviation Administration cannot regulate commercial drones and other small aircraft until it writes new regulations, per an administrative law judge’s ruling on the matter Thursday.
A Texas woman involved in a class action against a so-called revenge porn website launched another suit in Texas federal court Thursday, claiming the sexually explicit images are now hosted on another site, and Google Inc. and Yahoo Inc. continue to link to the photos.
Data protection regulators from the European Union and Asia-Pacific Economic Cooperation on Thursday stepped up efforts to find common ground on vastly different privacy regimes, releasing a tool to help companies reconcile principles in the regions and an agreement to boost enforcement cooperation between the U.S. and U.K.
Microsoft Corp. has never received a bulk data request from the U.S. government and would vigorously fight any order that would require it to turn over broad swaths of user information, a corporate vice president from the company said Thursday.
Reed Smith LLP said Thursday that a member of its financial industry group will serve as the new office managing partner in its Princeton, N.J., location, which specializes in financial services and life sciences, data security, energy, real estate and aviation practices.
Two Internet privacy advocacy groups on Thursday asked the Federal Trade Commission to block Facebook Inc.’s proposed $19 billion acquisition of the mobile messaging service WhatsApp Inc., saying current WhatsApp users’ privacy won’t be protected.
A French court on Thursday ordered gossip magazine Closer to pay President Francois Hollande's former companion €12,000 ($16,600) for invading her privacy by publishing photos of her after her breakup with the French head of state.
The Delaware Court of Chancery recently rejected a party’s attempt to object to the production of documents located in France on basis of the French Data Protection Act. Given the court’s reputation and influence in corporate litigation, In re Activision Blizzard Inc. Stockholder Litigation does not augur well for foreign parties hoping to resist U.S.-style discovery on basis of their country’s data privacy statute, says Pierre Grosdidier of Haynes and Boone LLP.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
Litigation under state laws that restrict the collection of personal information at the point of sale is increasing, following consumer-friendly decisions from the California and Massachusetts high courts. But several issues and potential defenses — such as the potentially broad "special purpose" exception included in some statutes — have not yet been fully addressed by courts, says Andrew Hoffman of InfoLawGroup LLP.
I was shocked to find that in the month of February 2014 alone there were over 100 legal opinions issued in the U.S. involving Facebook. While some of these cases were more disturbing than amusing, there were a few gems, including the case of a Florida judge who ruled against a litigant who had denied her friend request, says Dan Nabel of Greenberg Glusker Fields Claman & Machtinger LLP.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
Historically, privacy compliance in Australia has not been a priority for many international corporations. However, with the publicity surrounding new reforms increasing Australian public awareness of privacy issues, new penalties coming into play and U.S. companies already under the microscope due to the Snowden leaks, no U.S. company doing business in Australia or with Australian customers can afford to ignore this compliance issue any longer, say Richard Pascoe and Alex Butterworth of Squire Sanders LLP.
In a recent Law360 guest column, Judge Wayne D. Brazil of JAMS shares the products of his research into decision analysis and gives several reasons why it is not a reliable tool for assessing the discounted settlement value of civil cases. Without question, however, his research has misinformed him, says Marc Victor, president of Litigation Risk Analysis Inc.
A New York trial judge recently let Sony Corp.’s insurers, Zurich American Insurance Co. and Mitsui Sumitomo Insurance Co., off the coverage hook for Sony’s massive 2011 PlayStation data breach. Among the reasons Sony appears to have excellent grounds for appeal is a well-established rule of insurance contract construction that “ambiguities in an insurance policy are to be construed against the insurer,” says Roberta Anderson of K&L Gates LLP.
Following the Ninth Circuit’s decision in Robins v. Spokeo Inc., the trend of plaintiffs in data privacy class actions pleading violations without actual harm is likely to continue. However, defendants should still consider mounting a standing challenge during pleading and aggressively defend against these cases at every stage of the proceedings, says Joshua Jessen of Gibson Dunn & Crutcher LLP.