• February 5, 2016

    $7.5M Deal In Mich. Magazine Privacy Row Gets Initial Nod

    A Michigan federal judge on Friday granted preliminary approval to a $7.5 million settlement to resolve a putative class action accusing magazine publisher Meredith Corp. of violating the state's Video Rental Privacy Act by disclosing subscribers' personal data.

  • February 5, 2016

    Fla. University Hit With Class Action Over Data Breach

    The University of Central Florida was hit with a proposed class action in Florida federal court on Friday alleging the university failed to adequately safeguard personal data when a recent hack exposed the confidential data of 63,000 current and former students and employees.

  • February 5, 2016

    Bankers Take Challenge Of Info-Sharing Law To High Court

    Florida and Texas banking associations have asked the U.S. Supreme Court to revive their challenge of an Internal Revenue Service rule requiring disclosures of accounts held by foreigners, saying the D.C. Circuit's ruling that their suit was barred by the Anti-Injunction Act ran contrary to well-established precedent.

  • February 5, 2016

    FCC Warns Of Crackdown On Privacy Certification Failures

    The Federal Communications Commission warned telecommunications providers Friday that they could face enforcement action if they fail to file an annual report certifying their compliance with the regulator’s customer data privacy rules by the approaching deadline.

  • February 5, 2016

    Lifetime Wants FCC Input As TCPA Deal Faces Opposition

    The Federal Communications Commission sought comment Friday on a Telephone Consumer Protection Act petition from Lifetime network, which also faced opposition Friday from a plaintiff in related litigation who told a New York federal judge the network cannot escape the suit by offering to pay $3 more than what he could win at trial.

  • February 5, 2016

    Spy Programs Doing Better On Privacy, Watchdog Says

    Congress and the Obama administration have made strides in limiting personal data collected by intelligence officials, with a major surveillance law passed last year and new policies from regulators having managed to safeguard privacy without compromising security, a federal privacy watchdog said Friday.

  • February 5, 2016

    DC Circ. Won't Decide TCPA Coverage Appeals

    The D.C. Circuit held Friday that it lacks jurisdiction to consider appeals in a dispute over whether Cincinnati Insurance Co. must defend and indemnify a plumbing company against claims that it violated the Telephone Consumer Protection Act by sending unsolicited faxes, as the lower court has yet to render a final decision on all the issues.

  • February 5, 2016

    Full 11th Circ. To Rehear Fight Over Fla. 'Gun Gag' Law

    The Eleventh Circuit on Wednesday agreed to rehear en banc a free speech case challenging a Florida law forbidding doctors from entering information about gun ownership into medical records of most patients, brought by physicians who have thrice lost in the appeals court.

  • February 5, 2016

    HHS Floats Substance Abuse Records Privacy Rules Update

    The U.S. Department of Health and Human Services on Friday floated revisions to the decades-old rules governing the confidentiality of substance abuse treatment records that would relax consent requirements in order to allow patients to take advantage of increased information sharing procedures within the health care system.

  • February 5, 2016

    Cohen & Malad To Lead Medical Informatics Breach MDL

    An Indiana judge on Thursday tapped Irwin B. Levin of Cohen & Malad LLP as interim lead counsel in multidistrict litigation against Medical Informatics Engineering over a data breach affecting 3.9 million patients, saying he picked one attorney to keep fees down.

  • February 5, 2016

    Background Check Co. Hit With FCRA Class Action

    Background check company Accurate Background Inc. was hit with a proposed class action in California federal court Thursday alleging the company performed consumer background checks for employment purposes in violation of federal consumer protection law.

  • February 5, 2016

    App Maker Settles FTC's Charges It Violated Users' Privacy

    App maker Vulcun has agreed to stop installing apps on consumers’ mobile devices without their permission and bombarding them with advertisements, after the Federal Trade Commission charged it with breaking federal privacy laws, according to settlement announced by the FTC Friday.

  • February 5, 2016

    Merging Hospitals Say Documents Safe With In-House Counsel

    Two Chicago-area hospitals fighting with the Federal Trade Commission over their proposed merger on Thursday told an Illinois federal court that intervening local health care providers’ requests to ban all in-house counsel from seeing certain confidential documents is excessive and unnecessary.

  • February 5, 2016

    Judge Pauses AIG Unit's Suit Over Dish TCPA Row Coverage

    A Colorado federal judge on Thursday paused an AIG unit's suit seeking to avoid covering Dish Network's yet-undetermined damages for allegedly making millions of illegal recorded or unsolicited calls in violation of the Telephone Consumer Protection Act, granting both parties' request to wait until a judgment is reached in the underlying lawsuit.

  • February 4, 2016

    7th Circ. Denies Yahoo Appeal Bid In 'Welcome Text' Suit

    The Seventh Circuit on Wednesday rejected Yahoo’s bid to appeal an Illinois judge’s decision to certify part of a class of cell phone users who say Yahoo violated the Telephone Consumer Protection Act by sending unsolicited text messages.

  • February 4, 2016

    Biometrics Institute Offers Fresh Privacy Guidelines

    A leading biometrics organization has revamped its guidance for how companies in a wide array of industries ranging from retail to banking should go about collecting and safeguarding increasingly prevalent biometric data such as fingerprints and iris scans, the institution said Tuesday.

  • February 4, 2016

    Hackers Target University Of Central Fla. Athletes, Workers

    A data breach at the University of Central Florida has exposed the names and Social Security numbers of around 63,000 current and former student-athletes and employees, including students with jobs at the school and adjunct faculty, the school announced on Thursday.

  • February 4, 2016

    FTC To Closely Police New EU-US 'Privacy Shield,' Brill Says

    Federal Trade Commissioner Julie Brill on Thursday pledged that the commission would robustly enforce the new trans-Atlantic data transfer “Privacy Shield” deal, saying the regulator would not only continue to launch its own probes into businesses’ compliance but also seize on its strengthened partnership with European data protection authorities.

  • February 4, 2016

    Cobra Seeks To Revive Cyber-Spying Suit At 6th Circ.

    Cobra Pipeline on Wednesday urged the Sixth Circuit to revive its cyber-spying suit accusing partner-turned-rival Gas Natural Inc. of illegally tracking it trucks and workers through the account of a former employee, saying an Ohio federal judge erroneously found no violations of the Stored Communications Act or Wiretapping Act.

  • February 4, 2016

    DOJ Ordered To Justify Shielding Surveillance Court Reports

    A D.C. federal judge told the U.S. Department of Justice on Thursday it hasn't justified continuing to withhold information about the Foreign Intelligence Surveillance Court in reports to Congress that an electronic privacy group requested three years ago.

Expert Analysis

  • Some TCPA Class Action Defense Strategies

    Richard Benenson

    If you regularly contact customers via telephone, text or fax, there is a high likelihood that at some point you will be named as a party to a lawsuit alleging violations of the Telephone Consumer Protection Act. Successfully resolving TCPA class actions requires a proactive, methodical approach and a specialized skill set, say Richard Benenson and Al Mottur of Brownstein Hyatt Farber Schreck LLP.

  • A New Era Of Health Care Privacy And Security Enforcement

    Eric D. Fader

    Although no data breach or privacy violations were alleged, the Federal Trade Commission's involvement in the recent health care matter involving Henry Schein Practice Solutions Inc. may foretell a new era of cooperation by the FTC in cracking down on those in the health care field who are perceived as not taking their obligations to patients seriously enough, says Eric D. Fader of Day Pitney LLP.

  • Fraud Trends For 2016 In 1 Word: Technology

    Gerry Zack

    The photo of a cat that an employee emails may actually contain some of the organization's most sensitive information. Steganography — a technique for hiding something in plain sight — has become a standard practice for cybercriminals in the last year and will continue to gain momentum in 2016, says Gerry Zack of BDO USA LLP.

  • Medical Device Cybersecurity: What Pharma Cos. Should Know

    Elaine H. Tseng

    The U.S. Food and Drug Administration’s most recent draft guidance on postmarket cybersecurity for medical devices may be "nonbinding" but it is clear that the FDA will at some point start policing and enforcing cybersecurity issues in marketed medical devices, so pharmaceutical companies should be on their guard, say Elaine Tseng and Alexander Haas at King & Spalding LLP.

  • What Every GC Needs To Know About Mobile Apps

    Mitzi L. Hill

    With many businesses delving into the world of app development, general counsels should be aware of several broad sets of issues, including rules of development and distribution, intellectual property and privacy considerations, and the differences between rules for U.S. and global audiences, says Mitzi Hill, leader of Taylor English Duma LLP's data security and privacy practice.

  • How FCC’s Reading Of TCPA Violates The 1st Amendment

    Bradley J. Andreozzi

    While previous challenges to the Telephone Consumer Protection Act have proved unsuccessful, those were almost invariably in the context of unsolicited advertising, and largely in “junk fax” cases. The Federal Communications Commission’s success in fending off First Amendment challenges in that limited context may not translate to others, say attorneys with Drinker Biddle & Reath LLP.

  • FCRA May Be A Dead End For Data Breach Plaintiffs

    David N. Anthony

    At first glance, the Fair Credit Reporting Act appears to be a viable vehicle for class action plaintiffs that have suffered data breaches but who are unable to allege present, concrete harm. However, a number of courts have dismissed such claims at the pleading stage, and a closer look at the intricacies of the FCRA reveals a key reason why, say attorneys at Troutman Sanders LLP.

  • Tips For Guarding IP Against Cyberespionage

    Ji-Yong David Chung

    As reported in The New York Times last year, patent applications stored at law firms are targets of economic cyberespionage. In this article, attorneys with Snyder Clark Lesch & Chung LLP examine Trojan Horse-like malware as a means for perpetrating cyberespionage, and present a simple and inexpensive way to protect patent-related data.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.

  • 4 Ways To Improve The Business Intake Process

    Terrence J. Coan

    When executed properly, an efficient new business intake process can drive growth, minimize risk, and ensure new clients support a law firm’s business and financial objectives. But determining how to streamline the NBI process is easier said than done, says Terrence Coan, leader of HBR Consulting LLC's information governance and risk management practice.