Privacy RSS

  • April 23, 2014

    Manatt Nabs Health Privacy Leader for DC Office

    The former director of the Center for Democracy and Technology's Health Privacy Project is joining Manatt Phelps & Phillips LLP as a partner in its health care practice in Washington, D.C., the firm announced Tuesday.

  • April 23, 2014

    Brazil Enacts Internet Law To Curb Spying, Unequal Pricing

    Brazil's president on Wednesday signed landmark Internet regulation legislation that limits service providers' ability to collect and share user data with government officials and prohibits them from charging higher prices for services that consume more bandwidth.

  • April 23, 2014

    EU Data-Retention Ban Puts Service Providers In A Bind

    A recent data-retention ruling by the European Union’s high court has forced service providers into a difficult decision: Either run the risk of upsetting law enforcement officials seeking information or implement costly privacy safeguards to comply with the ruling and hang onto their records.

  • April 23, 2014

    Union Boss Says Video Must Stay Private In Libel Suit

    Philadelphia union leader John Dougherty told a Pennsylvania appeals court Wednesday that a bright-line rule prevented the public use of pretrial discovery material, as part of his bid to keep private a videotaped deposition sought by a Philadelphia Inquirer columnist in a defamation suit.

  • April 22, 2014

    FTC Urged To Reject Candidate For COPPA Safe Harbor Role

    The Center for Digital Democracy on Monday shot back at the Internet Keep Safe Coalition's bid to become the seventh safe-harbor provider under the Children's Online Privacy Protection Act rule, telling the Federal Trade Commission that the nonprofit lacks the expertise to run a robust program.

  • April 22, 2014

    Concentra, Insurer Pay $2M To End HIPAA Investigations

    Concentra Health Services Inc. and QCA Health Plan Inc. have agreed to pay a total of nearly $2 million to settle claims stemming from Health Insurance Portability and Accountability Act investigations involving stolen computers, the U.S. Department of Health and Human Services announced Tuesday.

  • April 22, 2014

    Swift Transportation To Pay $4.4M In Background Check Suit

    Trucking conglomerate Swift Transportation Co. will pay $4.4 million to settle a class action claiming that it neglected to tell more than 10,000 job applicants that they can access and contest background checks used in the company’s hiring process, with the plaintiffs seeking approval of the deal on Monday.

  • April 22, 2014

    Lucky Brand Skirts ADA Class Action, Despite DOJ's Advice

    Lucky Brand Dungarees Inc. on Monday won a motion to dismiss a proposed Americans With Disabilities Act class action in Florida alleging the company's payment devices discriminate against blind customers — an outcome that is contrary to a recommendation from the U.S. Department of Justice.

  • April 22, 2014

    DOJ Seeks Email Search Despite Rulings It Violates Privacy

    The U.S. Department of Justice on Monday urged a D.C. federal judge to grant a warrant application to search a suspect's email account as part of an investigation into alleged kickbacks involving a defense contractor, arguing the warrant is legal despite two magistrate judge orders finding it's a violation of privacy rights.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    Adams & Reese Launches Privacy, Data Security Practice

    Adams & Reese LLP recently formed a privacy and data security practice group, bringing together attorneys with experience in the employment, intellectual property, banking and health care industries.

  • April 22, 2014

    Cybercriminals Outpacing Security Measures, Report Says

    Although retailers, banks, law firms and other companies have worked hard to bolster their cyberdefenses, a new report set for release Wednesday found that cybercriminals and so-called hacktivists have become even better at cracking those defenses in 2013.

  • April 22, 2014

    Gift Store Chain Settles TCPA Text Message Class Action

    Things Remembered Inc. on Tuesday agreed to a settlement in a proposed class action in Ohio federal court alleging the personalized gift store chain sent tens of thousands of illegal text messages in violation of the Telephone Consumer Protection Act.

  • April 21, 2014

    Endo Hit With TCPA Junk Fax Suit Over Unsolicited Drug Ads

    A medical group practice filed a putative class action against Endo Pharmaceuticals Inc. in Pennsylvania federal court Monday, alleging the company violated junk fax laws under the Telephone Consumer Protection Act by sending out unsolicited faxes advertising the company’s Lidoderm and Opana ER prescription pain relief drugs.

  • April 21, 2014

    Drone Operator Sues FAA For Suspending Rescue Efforts

    A Texas nonprofit that uses drones for search-and-rescue efforts petitioned the D.C. Circuit Monday to challenge a Federal Aviation Administration order to stop using the unmanned aircraft.

  • April 21, 2014

    Vegas Resort Hit With TCPA Suit After Cyber Monday Promo

    A California man recently brought a class action against Cosmopolitan Hotels & Resorts Inc., saying the Las Vegas hotel and casino violated the Telephone Consumer Protection Act when it sent him a text message more than a month after he signed up for a Cyber Monday promotion.

  • April 21, 2014

    Appeals Court Kicks $20M Coverage Dispute Out of Texas

    A Texas appeals court on Friday refused to keep in Texas a group of insurance companies' suit over coverage of a $20 million settlement in a Telephone Consumer Protection Act class action, finding the trial court was correct in its finding that it didn’t have jurisdiction.

  • April 21, 2014

    Banc Of Calif. ATMs Violate ADA Regs For Blind Use: Suit

    A legally blind California man filed a proposed class action suit in federal court on Friday, alleging Banc of California Inc. violated the Americans with Disabilities Act by failing to make its automated teller machines fully accessible to the visually impaired without having to divulge private banking information to a third party.

  • April 21, 2014

    Nissan Hit With Class Action Over Debt Collection Calls

    Nissan Motor Co. Ltd.’s financing unit was hit Monday with a proposed class action accusing it of illegally calling a consumer from whom it was attempting to collect a debt, despite her repeated requests not to be contacted by phone.

  • April 21, 2014

    Heartbleed Spurs Need For New HealthCare.gov Passwords

    The federal government is warning HealthCare.gov users to change their passwords on the site “out of an abundance of caution,” following the discovery of the Heartbleed Internet vulnerability, although it said there is no indication that any personal information has ever been at risk.

Expert Analysis

  • Coming To A CGL Policy Near You: Data Breach Exclusions

    Roberta Anderson

    Against the backdrop of Target Corp.’s massive data breach and the recent Heartbleed headache, the insurance industry’s imminent implementation of a series of new cybersecurity data breach exclusionary endorsements, which were issued for use with standard-form liability policies, should prompt organizations to carefully review their insurance policies for potential data breach coverage and consider purchasing cybersecurity insurance, says Roberta Anderson of K&L Gates LLP.

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • States May Beat Congress To Consumer-Tracking Laws

    David Zetoony

    Assuming that Congress does not pass legislation on consumer location data, there is a risk that states may attempt to pass their own statutes — a phenomenon that is well known when it comes to data privacy issues. Nationwide retailers may end up facing inconsistent statutes and regulations that require state-by-state differences in how they present their privacy practices to consumers, say David Zetoony and Shahin Rothermel of Bryan Cave LLP.

  • Trudging On After No Ruling For TCPA 'Opt-Out' Notices

    Jason P. Stiehl

    With the Eighth Circuit's refusal to consider the challenge to the Federal Communications Commission's rulemaking authority over "improper opt-out" notices in Nack v. Walburg, the number of Telephone Consumer Protection Act facsimile cases has substantially increased. Given the U.S. Supreme Court's denial of certiorari in the case and the far-distant horizon for a declaratory ruling by the FCC, the ongoing absurdity of the TCPA's cottage industry of litigation is likely to continue, says Jason Stiehl of Seyfarth Shaw LLP.

  • The Evolving New Normal For Data Breach Responses

    Mark Salah Morgan

    The Target Corp. and Blue Cross Blue Shield of New Jersey data breaches differed in manner, size and scope, but both reveal the vulnerabilities all companies are facing. A nuanced, more responsive, and more uniform legal and regulatory framework is required. That environment is being shaped by private actions, legislative and administrative responses, and various corporate initiatives, say Mark Salah Morgan and Andres Acebo of Day Pitney LLP.

  • With McSweeny Confirmed, What To Expect From FTC

    Steven Sunshine

    The recent confirmation of Terrell McSweeny to the Federal Trade Commission creates a Democratic majority, sparking anticipation of more aggressive enforcement by the FTC. Indeed, having participated in a number of high-profile antitrust matters, Commissioner McSweeny is unlikely to shy away from enforcement where warranted. But it is not clear whether the voting blocks materially lessened the commission’s overall enforcement zeal, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Mobile Enforcement Continues To Be APPealing To FTC

    Crystal N. Skelton

    Since the Federal Trade Commission announced its first enforcement action involving a mobile app back in 2011, the commission has actively brought privacy cases against app developers under Section 5 of the FTC Act. Oftentimes, the FTC's actions came from a disconnect between the privacy policies and actions a mobile app or device took, which may have resulted from an update without alerting consumers, say Alysa Hutnik and Crystal Skelton of Kelley Drye & Warren LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Connected Cars Collide With Consumer Privacy

    Nancy Libin

    Some predict "connected cars" will generate revenue of more than $25 billion in 2014 and more than $130 billion in 2019. But before automakers, mobile app developers and others in the connected car ecosystem can cash in, legislators and regulators have difficult data privacy issues to address, says Nancy Libin, a partner at Wilkinson Barker Knauer LLP and former chief privacy and civil liberties officer of the U.S. Department of Justice.

  • Antitrust Guidance On Cybersecurity Reaffirms Old Approach

    Jamillia Ferris

    Though the antitrust agencies’ recent policy statement on cybersecurity information-sharing is consistent with prior guidance, it is significant. It is not likely that cybersecurity legislation will become law anytime soon, and this statement responds to industry’s concerns by clearly establishing that properly designed and executed cyberthreat information-sharing does not raise antitrust concerns, say Jamillia Padua Ferris and Paul Tiao of Hunton & Williams LLP.