• July 28, 2014

    FTC, Ireland Urged To Curb Facebook's Expanded Ad Tracking

    A coalition of U.S. and European consumer advocates on Tuesday pushed the Federal Trade Commission and the Irish privacy regulator to block Facebook Inc. from gathering users' web browsing activities to better target advertisements, arguing the planned data collection expansion would violate the site's previous privacy commitments.

  • July 28, 2014

    Bernabei & Wachtel Again Sued Over Sex Harassment Video

    An unnamed journalist who claimed in a copyright and privacy suit that Bernabei & Wachtel PLLC publicly shared a video she took of her supervisor's alleged sexual harassment in order to bolster a separate case renewed her claims in D.C. federal court Monday, months after the dismissal of her D.C. Superior Court suit.

  • July 28, 2014

    House Passes Bills Upping DHS Cybersecurity Efforts

    The U.S. House of Representatives on Monday passed a trio of bills designed to improve cybersecurity for critical infrastructure like power plants and financial markets, variously enabling greater public-private cooperation and directing the U.S. Department of Homeland Security to further advance its cybersecurity efforts.

  • July 28, 2014

    Flow Traders Software Theft Case Headed For Trial

    A New York judge on Monday found grand jury proceedings against a former trader for a Flow Traders BV affiliate and an associate of his were legally sound, setting the stage for a trial on charges that they schemed to steal the Dutch trading house’s proprietary software and set up their own shop.

  • July 28, 2014

    Hooters Slammed With TCPA Class Action Over Spam Texts

    Hooters of America LLC was hit Monday with a proposed class action in California federal court accusing the restaurant chain of peppering consumers with spam text messages in violation of the Telephone Consumer Protection Act.

  • July 28, 2014

    SC Hospital Reveals Stolen Laptop Contained Patient Info

    A South Carolina-based hospital is notifying nearly 39,000 patients that the recent theft of an unencrypted laptop from one of its facilities might have compromised protected health data including Social Security numbers and payment card information, the hospital said Monday.

  • July 28, 2014

    Calif., Mass. ZIP Code Suits Show No Signs Of Expiring

    A pair of court rulings in California and Massachusetts in recent years has caused an explosion in class actions over retailers' collection of ZIP codes and other personal data during sales transactions, and attorneys say lingering uncertainties about what data-gathering activities are off-limits will continue to fuel the suits.

  • July 28, 2014

    Drone Order Needs Strong Privacy Rules, Lawmakers Say

    A pair of federal lawmakers is pushing the White House to include concrete privacy rules in an upcoming executive order expected to tackle the integration of commercial drones into domestic airspace, arguing that voluntary recommendations would fail to curb the most egregious privacy violations.

  • July 25, 2014

    Ex-Ford Engineer Investigated For Recording Devices At HQ

    A mechanical engineer recently fired by Ford Motor Co. is reportedly at the center of a federal investigation for allegedly planting listening devices around the company's headquarters to monitor meetings, raising concerns the devices had been planted to steal trade secrets.

  • July 25, 2014

    11th Circ. Rules In Favor Of Fla.'s 'Gun Gag' On Doctors

    The Eleventh Circuit on Friday lifted a bar on enforcement of a Florida “gun gag” law restricting doctors from asking patients about firearm ownership, saying it doesn’t violate the First Amendment and calling the plaintiffs’ fears that doctors could face discipline for “offending a patient’s subjective sensibilities” unfounded.

  • July 25, 2014

    EU Watchdogs Grill Google, Others On Search Result Deletion

    Europe's data protection authorities on Thursday pressed Google Inc., Microsoft Corp. and Yahoo Inc. to detail their responses to a recent ruling requiring search engines to honor users' data-deletion requests, saying the feedback would help the regulators formulate guidance on the issue.

  • July 25, 2014

    Telecom Cos. Posted Customers' Private Info On Web: Suit

    A putative class action filed Wednesday in Florida state court claims that Nexogy Inc. and its parent LD Telecommunications released customers' private information, including financial data, on the Internet, leaving them vulnerable to identity theft.

  • July 25, 2014

    FTC Urges 11th Circ. To Ax LabMD's Data Security Challenge

    The U.S. Federal Trade Commission on Thursday urged the Eleventh Circuit to uphold a Georgia federal court order dismissing LabMD Inc.’s challenge to its authority to police data-security standards, arguing the court correctly held it does not have jurisdiction to “entertain a lawsuit” to enjoin agency proceedings.

  • July 25, 2014

    UK Data Watchdog Fines Travel Co. After 1M Cards' Data Stolen

    The U.K.’s data protection watchdog said Thursday online travel services company Think W3 Ltd. was fined 150,000 pounds ($254,677) for allegedly failing to secure consumers’ financial information, resulting in the theft of more than 1 million credit card and debit card records.

  • July 25, 2014

    UK Man Again Charged With Hacking US Government

    An alleged British hacker has been indicted for allegedly breaking into computers and pilfering data from the FBI, U.S. Department of Energy and other agencies, federal prosecutors in Virginia said Thursday, marking the third set of related charges levied against the man in nine months.

  • July 25, 2014

    Latvian Virus Programmer Can Be Extradited to US, Court Says

    The European Court of Human Rights on Thursday ruled that Latvian Gozi virus ringleader Deniss Čalovskis can't escape being extradited to the U.S. to face charges alleging he stole personal bank account information and infected more than 40,000 computers in the U.S., but said the Latvian courts should not have detained him while the extradition decision was pending. 

  • July 25, 2014

    Citi's LavaFlow Pays $5M To Settle SEC Data Leak Charges

    Citigroup Inc. unit LavaFlow Inc., a leading alternative trading platform, agreed Friday to pay $5 million to settle U.S. Securities and Exchange Commission charges of failing to protect confidential trading data, marking the latest action regulators have taken against off-exchange trading venues.

  • July 24, 2014

    Wis. High Court Sides With Police In Cellphone Tracking Suits

    The Wisconsin Supreme Court on Thursday issued twin rulings backing police authority to track suspects through their cellphones, in one case absent a warrant, rejecting claims from two convicted murderers that the searches violated their rights under the Fourth Amendment.

  • July 24, 2014

    Brazilian Telecom Giant Fined $1.6M For Online Tracking

    Brazil's consumer protection regulator has fined the country's telecom powerhouse Oi SA 3.5 million reais ($1.59 million) for allegedly failing to notify Internet users that their browsing activities would be tracked and sold to third-party advertisers, the Brazilian government said Wednesday.

  • July 24, 2014

    BofA Customers Lose Bid To Revive Insurance Fee Suit

    The Ninth Circuit on Thursday affirmed the dismissal of a putative class action alleging Bank of America and an affiliate enrolled and charged bank customers for accidental-death insurance without consent, saying the plaintiffs didn't state a plausible claim for relief or detail their fraud-based claims.

Expert Analysis

  • Watch Out For The 'Man In The Email'

    Susan Linda Ross

    Retailers, when is the last time you spoke with your bank about security? Now may be a good time, according to the FBI and the Internet Crime Complaint Center. A new email scam has been targeting CTOs, CFOs and comptrollers in particular, says Sue Ross of Norton Rose Fulbright.

  • High Stakes In Play With Rule 68 Decisions

    David Carpenter

    This week, the Eleventh Circuit will hear appeals in two Telephone Consumer Protection Act cases centered on whether a Rule 68 offer of judgment can completely moot a class action. While the court may follow suit and adopt either the Seventh Circuit or Ninth Circuit rule, the door is open for a decision that changes the class action landscape, say David Carpenter and James Cash of Alston & Bird LLP.

  • 2 NY Cases Highlight Medical Expert Disclosure Disparity

    Justin L. Salkin

    From Rivera v. Albany Medical Center Hospital and Marano v. Mercy Hospital, defendants will likely be unable to obtain summary judgment in medical malpractice cases without disclosing the name of the medical expert submitting an affidavit, says Justin Salkin of Hiscock & Barclay LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Unconventional Cyber Case Gets Md. High Court's Attention

    Lon A. Berk

    While the focus on personal injury coverage has been on whether it protects against hacking events, little concern has been expressed regarding whether that coverage protects against other types of breach of privacy claims that might occur as a result of everyday cyberactivities — Springer v. Erie Insurance Exchange provides an example of just such a claim, say attorneys at Hunton & Williams LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • FTC Report's Impact May Not Be Limited To Data Brokers

    Phyllis B. Sumner

    In calling for greater transparency among data brokers in their collection practices, a recently issued report from the Federal Trade Commission will likely push the agency to scrutinize organizations that use the services of or share information with data brokers in order to accurately and fully disclose such practices, say attorneys at King & Spalding LLP.

  • Common-Enterprise Theory And Wyndham Data Security Case

    Archis Parasharami

    For the past two years, a federal court in New Jersey has considered important data security issues in the Federal Trade Commission v. Wyndham Worldwide Corp. litigation. Two recent opinions issued by the court now have brought that case back into the news — and made clear that the stakes are as high as ever, say Archis Parasharami and Stephen Lilley of Mayer Brown LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • 9th Circ. Thinks Inside The Bun In Taco Bell TCPA Suit

    Paul A. Werner

    A Ninth Circuit decision in Thomas v. Taco Bell Corp. provides much-needed guidance and a clear limitation on the vicarious liability concepts introduced by the Federal Communications Commission to the Telephone Consumer Protection Act litigation mix, say Paul Werner and J. Aaron George of Sheppard Mullin Richter & Hampton LLP.