• July 7, 2015

    Judge OKs Chuck E. Cheese's $1.75M Background Check Deal

    A California federal judge signed off Tuesday on a proposed settlement worth up to $1.75 million in a class action brought by Chuck E. Cheese’s job applicants who said the company failed to provide proper disclosures in connection with background check reports.

  • July 7, 2015

    Atty Can't Expose Anonymous Online Reviewer

    A Washington appellate court on Monday in a precedential ruling said that a Florida divorce attorney can’t unmask the identity of an anonymous reviewer who criticized her online, saying the posts weren’t defamatory and were thus protected by the First Amendment.

  • July 7, 2015

    Google Slams Bid To Combine Privacy Class Actions

    Google on Monday criticized as “wildly belated” an Android user’s attempt to relate her case against the company to a class action accusing Google of providing personal information to app developers without permission.

  • July 7, 2015

    Coders Oppose Gov't Access To Encrypted Data

    Top coding specialists on Tuesday said that law enforcement’s desire to access encrypted data is not only unfeasible, but would also possibly imperil the security and privacy of global digital communications.

  • July 7, 2015

    Hospital Group Pushes For Dismissal Of Cyberinsurance Suit

    Columbia Casualty Co.’s bid to stay rather than dismiss its case seeking to avoid coverage of a $4.13 million data breach settlement should be rejected because it may have tried to gain an unfair advantage by filing its suit, Cottage Health System told a California federal judge Monday.

  • July 7, 2015

    Holland & Knight Adds Ex-Squire Patton Boggs Privacy Pro

    Holland & Knight LLP said on Tuesday that it has snagged a cybersecurity pro from Squire Patton Boggs to co-chair its data privacy and security practice in Washington, D.C.

  • July 7, 2015

    FTC Says Amazon Must Hand Over In-App Purchase Data

    The Federal Trade Commission urged a Washington federal judge on Monday to force Inc. to reveal the identities of potential witnesses whose children made unauthorized in-app purchases and other information that the agency says Amazon has attempted to conceal with “boilerplate burden objections.”

  • July 6, 2015

    Calif. Prosecutors Don't Have Open Access To Police Records

    The California Supreme Court on Monday ruled that prosecutors don’t have unfettered access to confidential personnel records of police officers who are potential witnesses in criminal cases, but instead have to follow the same procedures as defendants to seek information in those records.

  • July 6, 2015

    Hulk Hogan Sex Tape Trial May Get New Date In October

    The Florida state court handling Hulk Hogan's $100 million suit against Gawker Media over the publication of his sex tape and an associated article said Monday that the parties will convene on Oct. 20 to discuss a new trial date after it was postponed last week.

  • July 6, 2015

    Bulgarian Admits Role In $6M NJ Tax Scheme

    A Bulgaria citizen on Monday admitted to his role in a $6 million tax return scheme carried out using personal taxpayer information stolen from multiple accounting firm networks, U.S. Attorney Paul J. Fishman announced.

  • July 6, 2015

    Schumer Wants Robocallers Subject To Prison Time

    Commercial robocallers could for the first time face criminal penalties for calling recipients without permission, according to a bill introduced last month by Sen. Charles Schumer, D-N.Y., which would impose up to 10 years in prison and increase the maximum fine per call to $20,000.

  • July 6, 2015

    Privacy Groups Warn Of ICANN Proposal's Harassment Risks

    A group of privacy and anti-harassment advocates are warning the Internet Corporation for Assigned Names and Numbers that requiring commercial website owners to list their physical addresses could leave them vulnerable to harassment, both online and offline.

  • July 6, 2015

    Indian Watchdog Tells Exchanges To Boost Data Security

    The Securities and Exchange Board of India on Monday said that the key institutions of the country’s capital markets must improve their cybersecurity by restricting data access and monitoring threats to their networks.

  • July 6, 2015

    FTC, Fla. AG Ask Judge To Stop Lifewatch Robocalls

    The Federal Trade Commission and the state of Florida on Monday asked an Illinois federal judge to immediately shut down medical monitoring device maker Lifewatch Inc.’s allegedly illegal telemarketing campaign, saying that numerous lawsuits have failed to stop the company’s deceptive tactics.

  • July 6, 2015

    5 Firms Top $300B In Deals During 1st Half Of 2015 M&A Boom

    The onslaught of activity in the world of mergers and acquisitions maintained a ravenous pace through the first half of 2015, and a number of law firms capitalized on the robust market by having a hand in more than $300 billion worth of deals apiece.

  • July 6, 2015

    Verizon Wants Sanctions In Robocall Class Action Scaled Back

    Verizon Wireless LLC has told a California federal judge that it shouldn’t bear sanctions for discovery misconduct in a proposed putative class action over debt-collection robocalls, arguing a contracted debt collector committed the misconduct, and should face the sanctions alone.

  • July 6, 2015

    Cox Need Not Provide Subscriber Info In Music Piracy Row

    A Virginia federal judge has ruled that Cox Enterprise Inc. doesn’t have to turn over certain subscribers’ personal information in a copyright infringement suit claiming it ignored notices that its users illegally downloaded songs, because they weren’t subscribers at the time of the alleged downloads.

  • July 6, 2015

    Travelers Asks Judge To Toss Rest Of Cyber Liability Suit

    Travelers Property Casualty Co. asked a Utah federal judge on Thursday to toss the rest of two insured data companies' claims in a coverage fight, saying that since the court previously ruled Travelers has no duty to defend, the company's other claims fail.

  • July 2, 2015

    Cardinals Fire Scouting Director Amid Hacking Probe

    The St. Louis Cardinals have fired scouting director Chris Correa in connection with the hacking scandal that has resulted in a federal investigation into whether the team illegally accessed the internal database of the Houston Astros, an attorney hired by the team confirmed Thursday.

  • July 2, 2015

    FTC Says LabMD Misstated Facts In Data Security Row

    The Federal Trade Commission on Wednesday told the administrative court overseeing its long-running data security row with LabMD Inc. that while it didn’t oppose the company’s request to refer cybersecurity firm Tiversa Inc. to the U.S. Department of Justice, but the company misconstrued several facts.

Expert Analysis

  • OPM Breach Provides Lessons For Employers

     Karla Grossenbacher

    The lawsuit recently filed against the U.S. Office of Personnel Management serves as yet another reminder to employers about the many ways in which employees and applicants can seek to impose liability on employers in the event of a data breach, says Karla Grossenbacher of Seyfarth Shaw LLP.

  • The Big Deal With Big Data: New Security Tools Are Needed

    Hilary Preston

    While businesses often use big data for marketing and research purposes, many do not have the security assets needed to keep such data safe. The continued expansion of big data usage appears to be outpacing traditional security mechanisms and firewalls, say Hilary Preston and Lavonne Hopkins of Vinson & Elkins LLP.

  • Considering What 'Consent' Really Means Under The TCPA

    Jeffrey A. Backman

    Three primary issues have emerged around the Telephone Consumer Protection Act — the expanding definition of automatic telephone dialing systems, the narrowing definition of “consent” and what is required to validly revoke prior consent. Soulliere v. CFI Resorts Management Inc. provides a glimpse of the uncertainty surrounding what is required to effectively revoke consent under the TCPA, say Jeffrey Backman and Scott Wellikoff of ... (continued)

  • Mosaic Theory: Viewing Guest Registries In The Modern Age

    David C. Lee

    While subtle, the U.S. Supreme Court's ruling in City of Los Angeles v. Patel is arguably the next stepping stone in an emerging Fourth Amendment construction of privacy — via the mosaic theory — that may lead the court to revisit the idea that a hotel can voluntarily share its guest registry information, says David Lee of Michelman & Robinson LLP.

  • Cybersecurity For Brokers: 'Only The Paranoid Survive'

    Brian L. Rubin

    Just when you thought it was safe to go back in the water and have a quiet summer, U.S. Securities and Exchange Commission Commissioner Luis Aguilar has hoisted the warning flags — targeting a number of cyber-related problems facing the securities industry, say Brian Rubin and Charlie Kruly of Sutherland Asbill & Brennan LLP.

  • Using Big Data In Gathering Expert Testimony

    Mike DeCesaris

    In high-stakes litigation, the role of data in supporting expert testimony is growing rapidly at a time when there has been an explosion in the number of database platforms and software tools. Given that expert discovery timelines have not expanded to reflect this increased size and complexity, these trends have important implications for required computing resources and expertise, says Mike DeCesaris of Cornerstone Research Inc.

  • Can Consumer Privacy Slow The Rise Of TCPA Class Actions?

    Heather Cantua

    Given recent case law, perhaps some courts are placing a higher value on customer privacy than on runaway Telephone Consumer Protection Act class actions. Regardless, if phone carriers continue to succeed in withholding customer information, then the impact on plaintiff efforts to ascertain and certify TCPA cellphone classes could be significant, say attorneys at Reed Smith LLP.

  • Top 3 Cybersecurity Misconceptions

    Cybersecurity is an issue that should be top-of-mind for all companies. But there are three misconceptions that can put companies at significant risk. In this video, Foley & Lardner LLP partner Michael Overly discusses these misconceptions and how companies should change their approaches to cybersecurity.

  • Texting With An Informant: Lessons From Pa. Wiretap Ruling

    Lathrop B. Nelson III

    The Pennsylvania Superior Court recently addressed whether text messages sent on an iPad were covered under the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Although Commonwealth v. Diego arose in the context of guns and drugs, the opinion nonetheless has implications for the use of informants and technology in a wide range of government investigations, says Lathrop Nelson of Montgomery McCracken Walker & Rhoads LLP.

  • The Risk Of Insuring Supply Chains From Cyber Risk

    Lon A. Berk

    As the Internet of Things expands, so too do cyber risks created by the supply chain. Manufacturers looking to control that risk may seek indemnification and insurance protection from their suppliers, however that strategy contains hidden risks as well, say Lon Berk and Sergio Oehninger at Hunton & Williams LLP.