• November 25, 2015

    Funeral Home Can't Get 'Sexual Anatomy' Info In Bias Suit

    A Michigan federal judge on Wednesday refused to grant a funeral home’s renewed request to seek "intimate and private" information about a fired transgender worker's anatomy and background in a discrimination lawsuit, saying the information wasn’t relevant.

  • November 25, 2015

    Business Groups Urge DC Circ. To Nix FCC's TCPA Expansion

    Collection company trade group ACA International, the U.S. Chamber of Commerce and other businesses and organizations on Wednesday urged the D.C. Circuit to overturn the Federal Communications Commission's order expanding the Telephone Consumer Protection Act to forbid use of autodialing systems, saying it goes too far and chills legitimate communication.

  • November 25, 2015

    EU Users Keeping Pressure On Google To Scrub Search Links

    Google Inc. disclosed Wednesday that it has taken down nearly half of the 1.2 million links that European users have flagged for removal from search results since the European Court of Justice's controversial “right to be forgotten” ruling, with links to content posted on Facebook being the most frequently deleted.

  • November 25, 2015

    FCC Seeks Input On TCPA Reach Over Digital Faxes

    The Federal Communications Commission sought comment Tuesday on a question of whether faxes sent and received digitally should be subject to the Telephone Consumer Protection Act after a petitioner argued the Controlling the Assault of Non-Solicited Pornography And Marketing Act for email should apply instead.

  • November 25, 2015

    Calif. High Court Will Weigh 'Vague' Background Check Law

    The California Supreme Court on Wednesday agreed to consider whether the state's Investigative Consumer Reporting Agencies Act is unconstitutionally vague when applied to employee background checks because of its overlap with another California credit reporting law at issue in a labor suit against a school-bus company.

  • November 25, 2015

    Toyota, Ford, GM Topple Car-Hacking Claims

    Drivers accusing Toyota, Ford and GM of leaving their vehicles’ computers vulnerable to hackers had their proposed class action claims dismissed in California federal court on Wednesday, after a judge said they haven’t shown that they’ve suffered any actual injury.

  • November 25, 2015

    5 Influential Privacy Regulators That You Should Know

    With a range of federal and state regulators aggressively cracking down on companies for inadequate data security protections, attorneys who practice in the area would be wise to put on their radar key officials from the agencies that their clients are most likely to encounter in the case of a privacy misstep.

  • November 25, 2015

    Web Users Say 3rd Circ. Wrongly Axed Google Privacy Claims

    A group of Web users urged the Third Circuit on Monday to reconsider its recent dismissal of privacy violation claims against Google, saying the search engine violates federal wiretap laws by surreptitiously bypassing privacy settings for Internet browsers.

  • November 25, 2015

    FCC Taps Privacy Expert For Chief Technologist Role

    The Federal Communications Commission has boosted its growing data security and privacy enforcement regime by snagging a leading researcher who exposed the surreptitious online tracking practices of Google Inc., Verizon Communications Inc. and others to be the chief technologist for the agency’s enforcement bureau, it was announced on Wednesday.

  • November 25, 2015

    FTC Appeals Unfavorable LabMD Data Breach Decision

    The Federal Trade Commission has asked its own commissioners to review a recent decision by an administrative law judge that threw out the agency’s data breach suit against medical testing company LabMD, filing an appeal just days after the ruling was handed down.

  • November 25, 2015

    HIPAA Fine Follows Stolen Laptop At Mass. Hospital

    A Massachusetts hospital will shell out $850,000 and beef up its digital security after a laptop theft endangered patient privacy and exposed potential violations of the Health Insurance Portability and Accountability Act, federal regulators said on Wednesday.

  • November 24, 2015

    LA Can’t Shake Class Action Over Cop Who Snooped For PI

    A California judge on Tuesday refused to let the city of Los Angeles out of a certified class action alleging a city police officer illegally pulled private data from government databases to sell to disgraced private investigator Anthony Pellicano, ruling the city could have foreseen the misconduct.

  • November 24, 2015

    YouTube Kids Ads Unfair Marketing, Groups Tell FTC

    A pair of advocacy groups urged the Federal Trade Commission on Tuesday to investigate Google for allegedly unfairly and deceptively marketing products such as toys and junk food directly to susceptible children with its YouTube Kids app for children of age 5 and younger.

  • November 24, 2015

    Home Depot Says Data Breach Outreach Won't Mislead Banks

    Home Depot Inc. hit back Monday at a proposed class of banks affected by the retail giant's 2014 data breach, calling merely speculative their concerns that Home Depot could mislead absent class members by telling them about its potential deals with Visa and MasterCard.

  • November 24, 2015

    Union Calls For DOJ Probe Over Wal-Mart Worker Surveillance

    The United Food and Commercial Workers International Union on Tuesday urged the U.S. Department of Justice to investigate Wal-Mart Stores Inc. amid a report that the retailer spied on workers organizing for higher wages amid Black Friday strikes in 2012.

  • November 24, 2015

    Magazine Buyer Accuses Hearst of Selling Subscriber Info

    A Michigan resident and former subscriber to Good Housekeeping magazine sued Hearst Communications Inc. on Tuesday in New York federal court, alleging that the publisher sells its subscribers’ personal information to third parties without consent, a violation of Michigan’s Video Rental Privacy Act.

  • November 24, 2015

    Tucker Ellis Stuck With Ex-Asbestos Lawyer's Subpoena Suit

    Tucker Ellis LLP can’t claim it was merely responding to a subpoena when it turned over documents created by an asbestos litigation attorney who was later fired from his new law firm when the records went public on the Internet, a California appeals court ruled Tuesday.

  • November 24, 2015

    Customers Tell 6th Circ. They Have Standing In Breach Suit

    Two Nationwide Mutual Insurance Co. customers whose proposed class action over a 2012 data breach was booted from Kansas federal court last year pushed the Sixth Circuit on Monday to bring it back, saying lax protection policies and the substantial risk of future harm provide standing for their claims.

  • November 24, 2015

    Retailer Moves For Win In $13M Visa Data Breach Suit

    Genesco Inc. urged a Tennessee federal judge on Tuesday to rule that Visa violated contractual terms with banks when it collected $13.3 million in damages assessed after a data breach, arguing Visa had no data that specific card information was stolen.

  • November 24, 2015

    LabMD Sues 3 FTC Lawyers Over Data Security Case

    Fresh off a decisive victory over the Federal Trade Commission’s suit accusing it of failing to protect customers’ data, LabMD Inc. said in Washington federal court on Friday that three agency attorneys behind the case destroyed its business by illegally and unethically prosecuting the company based on bogus evidence.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • SkyPan: FAA Takes Drone Enforcement Seriously

    James Insco

    With its proposed $1.9 million civil penalty against SkyPan — the largest civil penalty ever levied against an operator of unmanned aircraft — the Federal Aviation Administration targeted a relatively established operator, an operator the FAA has since authorized to use unmanned aircraft, and did not articulate egregious examples of careless or reckless flying. This may herald a new approach to enforcement, says James Insco of K&L Gates LLP.

  • Paris Attacks Underscore Debate In Apple Warrant Case

    Susan Feibus

    Just a few weeks ago, the Obama administration said it would not seek statutory authority to compel tech companies to provide the keys to encrypted communications. But following the Paris attacks the issue is again front and center. Judicially, the debate also continues as a federal magistrate judge in New York weighs a government request for Apple Inc. to unlock an iPhone. Nixon Peabody partner Susan Feibus recaps the debate.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Don't Let Mobile App 'Consumer' Become 'Subscriber'

    Zuzana Ikels

    The Eleventh Circuit's recent decision in Ellis v. Cartoon Network addressed a question of first impression at the appellate level — when a user of a free mobile application is a “subscriber” under the Video Privacy Protection Act. But the ruling's implications go far beyond the VPPA. The case illuminates three strategic issues that should be considered in developing mobile apps, says Zuzana Ikels of Polsinelli PC.

  • More Regulators Eye Health Info Blocking

    Jodi Daniel

    Congress, the U.S. Department of Health and Human Services, and certain states have taken action to identify and prevent “information blocking” by health care providers, hospitals, technology developers and service providers. And there likely will be more guidance, statutory and regulatory changes, and enforcement by federal agencies and states in the coming year, say Crowell & Moring LLP attorneys Jodi Daniel and Roma Sharma.

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • Don't Let Lax Vendor Info Security Ruin Your Holiday Sales

    Dean Harvey

    Large retailers often have thousands of vendor relationships, some of which are tightly integrated with the retailers’ businesses. Yet contracts with vendors, and particularly agreements entered into years ago, may not include clearly defined information-security obligations and standards. Perkins Coie LLP attorneys discuss the seven steps retailers can take to mitigate the risks of vendor-related data breach.

  • LabMD Is Major Setback For FTC In Data Security Cases

    Rebecca S. Engrav

    Until now, there has been no definitive ruling from any court on what proof is required to establish that a company’s act or practice “causes or is likely to cause substantial injury” in the data security context. The administrative law judge’s recent decision in LabMD suggests a high bar, say attorneys with Perkins Coie LLP.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.