• August 25, 2016

    Sidley Austin, Clyde & Co. Names Used In Phishing Scams

    Clients of major law firms should be on high alert because email scammers are now regularly using the names of prominent firms to lure in their victims, with Clyde & Co. targeted on Thursday and Sidley Austin LLP last week, U.K. watchdogs have said.

  • August 25, 2016

    Jackson Hewitt Says Text Spam Tiff Requires Arbitration

    Jackson Hewitt customers spammed with text-message ads have no path forward in federal court, the tax-prep company told an Illinois federal judge on Wednesday, because arbitration is mandated in a document the lead plaintiff signed with a middleman bank.

  • August 25, 2016

    Twitter Can't Appeal Ruling On TCPA Liability For Texts

    An appeals court won’t be reviewing a decision in a proposed class action against Twitter Inc., a California federal judge said Thursday, asserting that the social media giant is ultimately responsible for sending hundreds of text-message tweets to recycled-cellphone users in violation of the Telephone Consumer Protection Act.

  • August 25, 2016

    Ashley Madison Users Can Access Docs In Breach MDL

    A Missouri federal judge said Wednesday that Ashley Madison users in multidistrict litigation stemming from the cheating website’s data hack last summer can access documents related to their use of the site, saying the company’s discovery responses have thus far been incomplete.

  • August 25, 2016

    DC Appeals Court Approves Censure For Ex-DOJ Atty

    A D.C. Court of Appeals panel on Thursday approved a public reprimand for a former U.S. Department of Justice attorney who leaked information about the government’s warrantless domestic surveillance program, accepting a deal that will allow the whistleblower to keep his law license.

  • August 25, 2016

    Snapchat Biometric Privacy Suit Stays In Federal Court

    A California federal judge on Wednesday refused to send back to state court a proposed class action accusing Snapchat of violating Illinois’ Biometric Information Privacy Act by collecting facial templates on its “Lenses” feature, rejecting a remand request by two users.

  • August 24, 2016

    Twitter Hit With Publicity Suit Over Profile-Trading Game

    Social media giant Twitter Inc. and an online gaming company were slapped with a putative class action Wednesday in California federal court alleging an app that lets users buy and trade real Twitter users' full names and profile pictures "as if they were baseball cards" violates users' publicity rights.

  • August 24, 2016

    Groups Tell FCC Wireless Car Tech Unsafe, Violates Privacy

    Consumer groups on Wednesday told the Federal Communications Commission that wireless technology that the auto industry will soon begin to deploy isn't safe, makes cars more susceptible to cyberattacks and is a violation of consumers’ privacy.

  • August 24, 2016

    Shareholder Seeks To Halt $544M Imprivata Sale

    A shareholder of health care information technology firm Imprivata Inc. filed a complaint in Delaware chancery court on Wednesday, seeking to halt an acquisition proposal from Thoma Bravo LLC valued at $544 million, citing conflicts of interest with board members and other entities involved in the transaction.

  • August 24, 2016

    Anheuser Forces Workers Fired For Texts Into Arbitration

    Two former Anheuser-Busch employees who were fired after unflattering personal text messages inadvertently synced to a company iPad must arbitrate their wrongful termination and privacy claims, a New Jersey federal judge ruled Wednesday.

  • August 24, 2016

    AT&T Tweaks Data Breach Reporting Alternative

    AT&T Inc. has revised its preferred alternative approach to proposed requirements for internet service providers to report data breaches, according to a filing Tuesday that floated a shorter notice period but continued to push back on the privacy rules under consideration by the Federal Communications Commission.

  • August 24, 2016

    Paris Baguette Receipt Case Can't Get By Spokeo, Rakoff Told

    Paris Baguette on Tuesday urged U.S. District Judge Jed. S. Rakoff to again dismiss class allegations that the bakery chain printed consumers’ credit card expiration dates on receipts, saying there is still no legitimate claim and thus no standing under the Spokeo precedent.

  • August 24, 2016

    Gawker Founder Denied Lease Deal After Hogan Objects

    A New York bankruptcy judge on Wednesday denied Gawker Media founder Nick Denton’s bid to lease his Manhattan condominium after it was challenged by Hulk Hogan’s attorneys, saying substantial fixed costs may ultimately force Denton to sell his longtime residence.

  • August 23, 2016

    Home Depot Data Breach Attys’ Fees Trimmed To $7.5M

    A Georgia federal judge on Tuesday granted final approval of a $13 million settlement between Home Depot and a class of consumers suing over a massive 2014 data breach and awarded attorneys’ fees of approximately $7.5 million, about $1 million less than the amount sought.

  • August 23, 2016

    Cruise Robocall Classes OK After Spokeo, Judge Says

    An Illinois federal judge overseeing a massive class action accusing cruise marketing companies of robocalling millions of Americans with offers for free cruises refused to decertify the two classes in the case Tuesday, finding the violations of the Telephone Consumer Protection Act alleged in the suit go beyond the procedural injuries the U.S. Supreme Court banned in its recent Spokeo decision.

  • August 23, 2016

    Yelp Seeks To Escape ‘Find Friends’ User Privacy Suit

    Yelp urged a California federal judge at a hearing Tuesday to free the business review service from a class action accusing several tech companies of violating consumers’ privacy rights, arguing that when users consented to give access to their contacts lists, they also agreed to let Yelp upload that data.

  • August 23, 2016

    Ashley Madison Site Had Inadequate Security, Report Says

    Cheating website Ashley Madison had insufficient or absent security safeguards in place at the time of a hack that exposed the profile information and email addresses of about 36 million of its users, despite marketing themselves to people as a discreet service, privacy officials in Canada and Australia said in a report on Tuesday.

  • August 23, 2016

    Dick's Fights To Keep Defenses Alive In TCPA Row

    Dick’s Sporting Goods Inc. urged a California federal court Monday to keep alive a number of defenses the retailer asserted in a consumer’s proposed Telephone Consumer Protection Act class action, saying striking them would be drastic at this point in the litigation.

  • August 23, 2016

    FAA Sued Over Lack Of Privacy Controls In Final Drone Rule

    The Electronic Privacy Information Center is challenging the Federal Aviation Administration's final rule covering the commercial use of small unmanned aircraft systems, or drones, in the D.C. Circuit, it announced Tuesday, saying the rule doesn't include adequate safeguards for privacy.

  • August 23, 2016

    No Sanctions For Atty's 'Fanciful, Farfetched' FCRA Claims

    A Pennsylvania attorney threatened with sanctions by a New Jersey federal judge for filing “fanciful, farfetched” Fair Credit Reporting Act lawsuits alleging that Experian misreported bankruptcies on a couple’s credit reports was let off the hook Tuesday, as the judge concluded he had engaged in reasonable fact-finding.

Expert Analysis

  • FTC Alums: Retail Mergers Reflect New Approaches At FTC

    Joshua D. Wright

    The Federal Trade Commission is poised to take the next step — perhaps the most significant one in its century-long history — in the evolution of its approach to merger enforcement. This evolution is apparent in the context of retail markets, as illustrated by FTC decision-making and analysis in the recent Safeway and Family Dollar transactions, say former FTC Commissioner Joshua Wright and Theodore Serra of Wilson Sonsini Goodrich & Rosati PC.

  • CMS Cracks Down On Nursing Home Social Media Abuse

    Caroline J. Berdzik

    Following recently issued guidance by the U.S. Centers for Medicare and Medicaid Services, long-term care facilities would be well advised to have robust policies, training and enforcement in place to prevent employees from misusing social media. And beyond that, there are some immediate action items skilled nursing facilities should implement as well, says Caroline Berdzik at Goldberg Segalla.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • Record $5.5M HIPAA Deal Foreshadows Future Enforcement

    Stephanie A. Cason

    In issuing its $5.55 million settlement with Advocate Health Care System — the largest Health Insurance Portability and Accountability Act settlement to date — the U.S. Department of Health and Human Services has signified a continued increase in enforcement actions and penalty amounts, but proactive compliance efforts can ensure successful completion of Office for Civil Rights audits and mitigate the risk of future losses due to H... (continued)

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • FTC Alums: 5 Institutional Challenges For The FTC

    William E. Kovacic

    The five institutional challenges confronting the Federal Trade Commission deal with fundamental assumptions that guided the agency’s creation. These challenges are policy perennials and will face the agency regardless of who wins the 2016 presidential election, says former FTC Chairman William Kovacic, a professor at George Washington University Law School.

  • The Emerging Use Of Drones In Illinois

    Kelly M. Greco

    Within the next decade, the commercial drone industry alone is expected to generate more than $82 billion and could provide 100,000 new jobs. Illinois has taken its first steps to lay the groundwork for regulation of unmanned aerial systems and the future use of drones in the state, says Kelly Greco of Fox Rothschild LLP.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Spokeo Making Its Mark On No-Injury Privacy Class Actions

    Greg Herbers

    Applied correctly, the U.S. Supreme Court's Spokeo decision should spell an end to the recent glut of data security lawsuits where many — if not most — plaintiffs cannot allege concrete harm. In several recent cases, Spokeo has stopped such lawsuits in their tracks, says Greg Herbers, a staff attorney at Washington Legal Foundation.

  • FTC Alums: SMARTER Changes To FTC Merger Reviews

    Terry Calvani

    The Standard Merger and Acquisition Reviews Through Equal Rules Act — known as the “SMARTER Act” — simply seeks to codify how the Federal Trade Commission has used administrative litigation for proposed mergers in the past 20 years, and ensures that parties are subjected to the same legal standard when the FTC or DOJ seeks to block a merger, say former FTC Commissioner Terry Calvani and Hiram Andrews of Freshfields Bruckhaus Deringer LLP.