An attorney for the University of California, Los Angeles Health System on Friday cross-examined a woman suing it for allowing her ex-boyfriend’s new partner to access her medical records, questioning whether sadness she felt after the incident was caused by the privacy breach or was pregnancy-related.
The D.C. Circuit's decision to lift a lower court's injunction against the National Security Agency's phone metadata collection will have limited practical impact on the program soon to be curtailed by Congress, but attorneys say the ruling established a precedent making it difficult for plaintiffs to challenge other secret government programs.
Endo Pharmaceuticals Inc. fired back Friday at the medical group leading a proposed class action alleging the company violated junk fax laws under the Telephone Consumer Protection Act, telling a Pennsylvania federal judge it’s offered no legitimate reason why an already eight-month stay on the case shouldn’t continue.
One of two men accused of running an unlicensed bitcoin exchange service that allegedly laundered money for criminals is in settlement talks with prosecutors, according to documents filed Thursday in New York federal court.
McDonald Hopkins LLC announced Wednesday that Christopher B. Hopkins has been elected a member of the business advisory and advocacy law firm and will bring his experience with contracts, emerging technologies and related privacy issues to its West Palm Beach, Florida, office.
Retired NFL players claiming Electronic Arts Inc. illegally used their likenesses in “Madden NFL” video games asked a California federal judge on Thursday to deny the company a stay for a U.S. Supreme Court appeal, saying they're not getting any younger while discovery waits.
An anonymous woman behind the first of at least five suits claiming adultery matchmaking service Ashley Madison’s parent company failed to safeguard user data urged the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate claims against the company in Missouri.
The D.C. Circuit lifted a lower court’s injunction on the National Security Agency’s phone metadata collection program on Friday, ruling in a 2-1 decision the plaintiffs challenging the program lacked a substantial likelihood to win the case.
A woman who sued the University of California, Los Angeles Health System after discovering that her ex-boyfriend's new partner accessed her medical records and texted them to others took the stand Thursday, saying the violation of her privacy left her "stressed, crying, depressed."
An Illinois federal judge on Thursday denied a bid by midwestern grocery chain Schnuck Market Inc. to escape a lawsuit brought by more than 200 customers affected by a 2012 data breach, saying the plaintiffs have clearly alleged they’ve already suffered economic harm from the breach.
Eighty-one percent of health care executives say their organizations have been compromised by at least one cyberattack during the past two years, and a little more than half feel they're adequately prepared to prevent attacks, according to a recent study by KPMG LLP.
A public employee’s work-related texts sent on a private cellphone while working are public records subject to disclosure, the Washington Supreme Court ruled Thursday, ordering a county prosecutor to produce text messages in response to a records request.
The California Supreme Court declined on Wednesday to respond to a question certified by the Ninth Circuit to clarify whether retailers in the state can request customers’ personal information because a state appellate court has already ruled they can.
The Associated Press on Thursday hit the U.S. Department of Justice with a suit in D.C. federal court over the FBI’s failure to respond to a Freedom of Information request seeking information on the bureau’s creation of a fake AP story to trick a suspect into downloading surveillance software.
A former Ohio Assistant Attorney General was publicly reprimanded by the state's Supreme Court on Wednesday for looking up confidential information about people either she or her friends were dating in a private government agency database during her time in office.
Against the backdrop of a data breach affecting 4.5 million University of California Los Angeles Health System patients, the system’s privacy officer took the stand Wednesday in a suit brought after a woman's medical records were accessed by her ex-boyfriend's new partner, facing questions about why available security measures weren’t used.
A federal Texas judge on Tuesday recommended dismissing a proposed class action accusing a former Florida-based marketing company of violating privacy laws by using personal information from motor vehicle records in Texas and Florida, saying the plaintiffs didn’t show how the Lone Star State had jurisdiction.
Litigation over the Ashley Madison data breach continues to mount as the extramarital dating site was hit with another putative class action in Alabama federal court on Wednesday that claims it failed to protect its customers' data or promptly alert them of the July hack that made 37 million members’ information public.
The Ninth Circuit on Tuesday largely upheld the convictions of former “private eye to the stars” Anthony Pellicano and his client, once-prominent attorney Terry Christensen, for conspiracy and illegal wiretapping of the enemies of Pellicano’s high-powered Hollywood clients, but overturned two computer fraud convictions for Pellicano.
Illinois Gov. Bruce Rauner has vetoed a data breach notification bill that would have updated the state’s laws protecting personal information to include consumer marketing data and geolocation information, saying the measure went too far.
The logic behind Animal Legal Defense Fund v. Otter is straightforward — ag gag laws in every state are in great danger of being held unconstitutional. While Idaho’s law is arguably the broadest, the district court’s reasoning indicts the entire concept of laws designed to silence critics of industrial agriculture, suggesting the impending demise of the ag gag era, say Matthew Liebman and Justin Marceau of the Animal Legal Defense Fund.
The ruling in U.S. v. Graham over access to cell site location information at cell towers leaves open the possibility that a narrowly framed Stored Communications Act § 2703(d) order might still pass constitutional muster in the Fourth Circuit. Be that as it may, this issue could be ripe for U.S. Supreme Court review now that two circuits are squarely split based on similar sets of facts, says Pierre Grosdidier of Haynes and Boone LLP.
Many of the issues facing health care companies under the Telephone Consumer Protection Act are similar to other industries — consent and the scope of that consent, reassigned numbers, opt-outs and large potential exposure to statutory damages. However, the Federal Communications Commission's recent TCPA order also holds a new exemption for the health care industry, say attorneys at Sutherland Asbill & Brennan LLP.
A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.
As the sophistication of cyber incidents increases and the security of government-protected data gains ever heightened stance, it is key that we continue to develop stronger regulations and protections. The U.S. Department of Defense interim rule relating to DOD-contracted cloud computing services is a good next step — but it is only a step on an undoubtedly long road, says Lawrence Prosen of Thompson Hine LLP.
The Third Circuit's analysis in Federal Trade Commission v. Wyndham Worldwide Corp. of applicable standards for Section 5 enforcement under the Federal Trade Commission Act and the court's discussion of specific shortcomings in Wyndham’s security safeguards create a road map for companies to assess their own practices in the face of mounting cybersecurity threats and clear affirmation of the FTC’s regulatory authority, say Tracy Mi... (continued)
The Texas Relationship Privacy Act — effective Sept. 1 — provides new relief for revenge porn victims and may help dissuade revenge pornographers’ mischief. Despite its strong language, however, this new law is not a panacea. The challenge in these cases, as in many Internet defamation cases, is to identify the wrongdoer, says Pierre Grosdidier of Haynes and Boone LLP.
Animal Legal Defense Fund v. Otter should be a cautionary warning to states beyond Idaho considering agricultural gag laws, especially since some legislatures were already wary of First Amendment challenges. Though ag gag laws have failed in several states, it is likely more legislatures will consider them given the growing scrutiny over factory farms, says the University of Montana's Stacey Gordon, secretary of the board for the H... (continued)
If Donald Sterling had come to me with the privacy lawsuit that he recently filed against TMZ Productions Inc. and V. Stiviano, I would have sent the beleaguered former Clippers owner off to the locker room, says Neville Johnson, a founding partner of Johnson & Johnson LLP.
Savvy franchisors can adopt certain strategies to ensure reasonable levels of data security by their franchisees, to maintain some level of protection from liability in the case of data breach of a franchisee system, and to retain effective control over the response to a breach, say Gavin George and Marc Legrand of Haynes and Boone LLP.