• January 23, 2015

    LA County, Medical Billing Co. Off Hook For Stolen Records

    A California judge on Friday said she would dismiss a putative class action alleging that Los Angeles County and a medical billing contractor's negligence led to patients’ medical records being stolen, saying the plaintiffs need to support their allegation that medical information was actually exposed.

  • January 23, 2015

    Orrick Adds 2 Ex-DLA Piper Attys To White Collar Team

    Orrick Herrington & Sutcliffe LLP has added a reputed criminal defense lawyer and a cybersecurity expert who served together at DLA Piper as partners in its white collar and corporate investigations group in Seattle, Orrick told Law360 on Friday.

  • January 23, 2015

    Google Ruling Won't End Video Privacy Class Actions

    A New Jersey federal judge's recent dismissal of Video Privacy Protection Act claims against Google Inc. and Viacom Inc. is likely to provide relief to companies that collect information that can't be directly linked to their users, but it won't stop plaintiffs from wielding the privacy statute to go after businesses that take steps to attach an identity to the data they have collected.

  • January 23, 2015

    Dow Jones Beats Privacy Suit Over On-Demand Video IDs

    A Georgia federal judge on Friday nixed a proposed class action claiming Dow Jones & Co. violated the Video Privacy Protection Act by collecting and sharing consumers' data, saying that the machine serial numbers it gathered aren't personally identifiable information.

  • January 23, 2015

    Feds Start To Curtail Info Sharing

    The federal body responsible for overseeing has reduced the amount of private user information it is sharing with third-party marketers, including Google Inc., Twitter Inc. and YouTube LLC, according to Friday news reports, even though it defended the practices following the release of a scathing report this week.

  • January 23, 2015

    Jury Acquits Ex-CIA Agent On 1 Count, Leaks Case Continues

    A Virginia federal jury Wednesday acquitted a former CIA agent who allegedly leaked government secrets to a New York Times reporter of mail fraud, while the agent argued in a brief filed Friday that venue for the remaining nine counts cannot lie in the state’s Eastern District.

  • January 23, 2015

    Financial Trade Groups Push Congress For Data Breach Law

    Financial industry trade groups on Friday pushed Congress for new cybersecurity legislation that would require retailers and other companies to meet the same level of preparedness as banks and set a uniform standard for breach notification and other data security standards.

  • January 23, 2015

    7th Circ. Urged To Revive Neiman Marcus Data Breach Suit

    Several Neiman Marcus Group LLC customers on Friday pressed the Seventh Circuit to resurrect their proposed class action alleging the luxury department store chain’s lax data security led to a 2013 hack that compromised the credit card numbers of 350,000 shoppers, finding a receptive audience to their cause on the appeals panel.

  • January 23, 2015

    Hulu Viewers Say Actual Knowledge Preserves Privacy Claims

    Consumers pursuing a class action accusing Hulu LLC of illegally sharing their personal data fired back at the video streaming service on Thursday, urging a California federal judge to preserve their remaining claims because Hulu had actual knowledge the information would be disclosed to Facebook Inc.

  • January 23, 2015

    Google, Others Renew Push For Digital Privacy Law Reform

    Google Inc., Twitter Inc. and other tech companies, joined by public policy and civil liberties groups, pushed lawmakers on Thursday to strengthen digital privacy laws, urging Congress in a letter to update the Electronic Communications Privacy Act to better protect personal information stored in the cloud.

  • January 23, 2015

    Holland & Knight Nabs Consumer Protection Expert In DC

    Holland & Knight bolstered its litigation practice by adding a governmental consumer protection investigations attorney with experience in privacy issues as a partner in its Washington, D.C., office, the firm said Friday.

  • January 23, 2015

    Aaron's Spyware Class Members Can Be ID'd, 3rd Circ. Told

    A Third Circuit panel was urged Friday to find that records held by Aaron's Inc. made it possible to ascertain the members of a putative class in a suit alleging that the rent-to-own computer retailer spied on its customers in violation of the federal Electronic Communications Privacy Act.

  • January 22, 2015

    Disney Unlikely To Duck Background Check Suit, Judge Says

    A California judge Thursday tentatively ruled to keep alive a putative class action alleging The Walt Disney Co. violated the Fair Credit Reporting Act by using criminal background check reports to make employment decisions without providing copies to applicants, saying the plaintiffs presented sufficient questions of fact.

  • January 22, 2015

    FAA Settles With Videographer In Landmark Drone Case

    The Federal Aviation Administration and pilot Raphael Pirker reached a settlement Thursday in the agency's first-ever enforcement action against a drone operator, which arose from the videographer’s refusal to pay a $10,000 fine lobbed against him by the FAA for alleged recklessness in flying a drone around the University of Virginia.

  • January 22, 2015

    Container Store Settles ZIP Code Collection Suit

    Plaintiffs in a proposed class action alleging The Container Store Inc. violates Massachusetts state law by asking for customers’ ZIP codes in credit card transactions and using the information to send them marketing materials asked a Massachusetts federal judge Thursday to approve a final settlement.

  • January 22, 2015

    Debt Collector Beats Class Claims In FDCPA, TCPA Suit

    A Pennsylvania federal judge dismissed a plaintiff’s proposed class allegations against a debt collector in a suit alleging violations of the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, saying that the proposed class definitions are fail-safe.

  • January 22, 2015

    American Eagle Sued Again Over Unwanted Texts

    American Eagle Outfitters Inc. has again been hit with a proposed class action, this time in Illinois federal court, for allegedly sending customers unsolicited text messages in violation of a federal statute intended to thwart spam messaging.

  • January 22, 2015

    FINRA Fines Scottrade Over Customer Privacy Violations

    The Financial Industry Regulatory Authority on Wednesday fined Scottrade Inc. $200,000 to settle claims that it violated privacy rules when it handed over certain customer data to firms looking to contact investors who had bought shares of a French utility named in a securities class action claim.

  • January 22, 2015

    Mount Sinai Whistleblowers Deny Stealing Patient Info

    Mount Sinai Hospital whistleblowers on Wednesday rejected allegations they took confidential patient records to build their case, urging a New York federal judge not to dismiss their claims that the hospital fraudulently billed Medicare and New York’s Medicaid program.

  • January 22, 2015

    Cellphone Cos. Duck Some Claims In Consumer Privacy MDL

    A California federal judge on Wednesday dismissed claims in a multidistrict proposed class action that HTC Corp., Samsung Electronics Co. and other device makers violated the Wiretap Act by illegally collecting consumers’ data from their phones, saying that the plaintiffs didn’t sufficiently allege they intended to intercept communications.

Expert Analysis

  • 5 TCPA Lawsuits Of Note In 2014

    Francis Cyriac

    Last year was an iconic one for class actions involving Telephone Consumer Protection Act violations and there is no sign 2015 will be any different. To avoid TCPA lawsuits, companies should equip themselves with an intelligent predictive dialer integrated with their marketing campaigns that filters out numbers listed in the Do Not Call Registry, says Francis Cyriac of

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Can Consumers Waive Right To Revoke Consent Under TCPA?

    Amy Pierce

    Most authorities and courts agree that, under the Telephone Consumer Protection Act, consumers have the right to revoke previously given consent to be called using an autodialer or prerecorded message. More recently, however, courts have been asked to decide whether a consumer is permitted to revoke this consent where it was previously given as part of an independent contractual arrangement, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • State Of The Union Sets Stage For Privacy Legislation

    Mauricio Paez

    President Obama used the powerful State of the Union platform to advocate for new privacy legislation previously outlined during the days leading up to the address. The speech may have marked a new phase in the political discourse concerning privacy and cybersecurity, say attorneys with Jones Day.

  • FTC Consumer Protection Priorities In 2015

    John E. Villafranco

    2014 was a big year for the Federal Trade Commission, which featured a series of high-profile cases and comments from commissioners that provide a clear picture of its consumer protection priorities for 2015, chief among them data security, say John Villafranco and Jennifer Rodden of Kelly Drye & Warren LLP.

  • Mobile Wi-Fi Bumps Up Against NIMBY

    Timothy D. Kevane

    The Marriott International mobile hotspot-jamming matter illustrates a growing tension between consumers’ ability to create their own Wi-Fi networks and the ability of facility hosts to protect and securely manage their own networks. It remains to be seen when and how the Federal Communications Commission will resolve these competing interests, says Timothy Kevane of Sedgwick LLP.

  • The Administration’s Misguided Proposal To Amend The CFAA

    Peter Toren

    It is unlikely that the White House's recent proposal will do much to satisfy critics of the Computer Fraud and Abuse Act since the proposal not only increases the penalties for certain types of cybercrime, but also resolves the current circuit split by explicitly providing that breaching a written restriction on computer use is a crime, says Peter Toren, a partner with Weisbrod Matteis & Copley PLLC and former federal prosecutor.

  • Financial Institutions Will See More Focus On Cybersecurity

    Bruce Radke

    Having weathered the cybersecurity turbulence of 2014, the financial services sector can look forward to increased regulatory attention from the federal, state and nongovernmental regulators this year. Recent developments at the New York Department of Financial Services, the Commodity Futures Trading Commission and the Conference of State Bank Supervisors will likely affect the cybersecurity policies of other regulators, say Bruce ... (continued)

  • 9 Key NY Insurance Cases Of 2014

    Robert D. Chesler

    If the important New York insurance cases of 2014 are any indication, 2015 will likely be fraught with actions tackling ongoing insurance trends, particularly in the areas of coverage for data breaches and broker liability, say attorneys at Anderson Kill PC.

  • Cybersecurity Will Be A Top Priority In State Of The Union

    Boris Segalis

    Setting out the administration’s agenda, President Obama recently called on Congress to enact privacy and cybersecurity bills that the White House views as critical, but that have languished in the legislative gridlock for years. Unlike information security, the issues of consumer privacy are unlikely to find bipartisan consensus in the immediate future, says Boris Segalis of Norton Rose Fulbright.