• May 26, 2016

    Privacy Group Blasts Gov't's Job Applicant Data Policies

    The federal government’s proposed changes to how it collects public trust job applicants’ data in the wake of a massive privacy breach does more harm than good, the nonprofit Electronic Privacy Information Center said Tuesday, urging the government to only collect information it can protect.

  • May 26, 2016

    EU Lawmakers Push For Negotiations In Privacy Shield Deal

    European Union lawmakers are urging the European Commission to work with the U.S. to fix “deficiencies” in the new trans-Atlantic “Privacy Shield” data transfer deal reached in February, calling it a substantial improvement from the last pact, but questioning U.S. authorities’ access to Europeans’ data.

  • May 26, 2016

    Chamber, Former FTC Chair Bash FCC Data Privacy Plan

    The U.S. Chamber of Commerce, the National Black Caucus of State Legislators and a former Federal Trade Commission chairman are urging the Federal Communications Commission to scale back its proposed data privacy guidelines for internet service providers, saying they overreach, overstep or are inconsistent.

  • May 26, 2016

    Equifax Hit With Class Action Over Kroger Data Breach

    Equifax was hit with a proposed class action on Wednesday in Georgia federal court accusing the Atlanta-based consumer credit bureau of negligence after a data breach disclosed the personal information of a group of Kroger grocery store employees.

  • May 25, 2016

    Snapchat's Facial Data Gathering Flouts Ill. Law, Suit Says

    Snapchat has become the latest digital service to be hit with a putative class action under Illinois’ Biometric Information Privacy Act, with a pair of plaintiffs lodging a suit in California state court Monday targeting the mobile messaging platform’s collection of facial templates through its “Lenses” feature.

  • May 25, 2016

    Delta Escapes Calif. AG's Bid To Resurrect App Privacy Row

    Delta Air Lines Inc. beat California Attorney General Kamala Harris' lawsuit alleging the company violated state privacy laws with its mobile app when a state appeals court ruled Wednesday that a state law can't override the Airline Deregulation Act.

  • May 25, 2016

    Spokeo Ruling Helps Both Sides Of Privacy Bar, Attys Say

    The jockeying over which side of the bar came out on top in a recent U.S. Supreme Court decision over standing for statutory privacy violations is likely to continue well into the future, plaintiffs attorney Jay Edelson and a Ropes & Gray LLP partner conceded Wednesday in characterizing the ruling as both “impenetrable” and “incomprehensible.”

  • May 25, 2016

    Irish Privacy Watchdog To Seek Ruling On Data Transfer Tool

    The Irish privacy regulator said Wednesday that it is planning to ask Europe’s high court to determine if multinational companies such as Facebook can continue to use model contracts to transfer data between the EU and U.S. in light of the court’s recent invalidation of the widely used safe harbor mechanism.

  • May 25, 2016

    Gawker Denied New Trial In $140M Hulk Hogan Battle

    A Florida judge has denied Gawker's motion for a new trial over the $140 million a jury awarded in March to Hulk Hogan over Gawker's publication of snippets of a sex tape Hogan made.

  • May 25, 2016

    1st Circ. Stands By Ruling In Call Spoofer Harassment Row

    In a terse order Tuesday the First Circuit refused to revisit its ruling that a Massachusetts woman cannot sue a call “spoofing” provider for harassing phone calls it enabled from another woman who was later criminally charged for the calls.

  • May 25, 2016

    Twitter Fights 'Classified' Tag On Surveillance Report

    Twitter is taking a new stab at previously dismissed claims that the U.S. Department of Justice violated its First Amendment rights by prohibiting it from releasing a report about surveillance requests on its users, filing an amended complaint Wednesday that addresses a judge's concern about the report's classified status. 

  • May 25, 2016

    Texas, 10 Others Sue Over Obama's Trans Bathroom Guidance

    Texas Attorney General Ken Paxton announced Wednesday that Texas has been joined by 10 other states in its push against an Obama administration directive to allow transgender students to use the bathroom that matches their gender identity, filing an official lawsuit challenging the rule in Texas federal court Wednesday.

  • May 25, 2016

    Navy Golf Instructor's Privacy Not Violated: 9th Circ.

    A golf instructor on a U.S. Navy base in California did not have his rights violated when he became the subject of a budgetary investigation after he blew the whistle on a cashier for stealing money, a Ninth Circuit panel said in an opinion Tuesday.

  • May 25, 2016

    Horizon Weighs In For Paytime In 3rd Circ. Data Dispute

    A previous decision by the Third Circuit requiring data breach victims to show concrete injury should lead the appellate court to affirm dismissal of claims against Paytime Inc. by a proposed class of workers over a 2014 hack, Horizon Healthcare Services said in a support brief Tuesday.  

  • May 24, 2016

    House Reps Push Colleagues To Step Up Data Security Game

    A bipartisan pair of House lawmakers on Monday pressed their colleagues to do more to protect the security of their online communications, including by using end-to-end encryption and employing more complex passwords, saying it was "frightening" how easily hackers could gain access to their devices.

  • May 24, 2016

    EU Data Protection Supervisor Joins 'Privacy Shield' Critics

    The European data protection supervisor voiced skepticism Tuesday about the validity of the new trans-Atlantic “Privacy Shield” data transfer deal, and pledged to soon release an opinion that he suggested would be aligned with a critical assessment recently put forth by the bloc’s data protection regulators.

  • May 24, 2016

    Ill. Court Says Ind. Law Applies In $5M Insurance Dispute

    An Illinois appeals court on Monday nixed a ruling that Cincinnati Insurance Co. owes an Indiana roofing supplier coverage for a $4.9 million Telephone Consumer Protection Act class action settlement, sending the dispute back to the lower court to apply Indiana law instead of Illinois law.

  • May 24, 2016

    SWIFT Boss Says System Is Safe, Outlines New Security Plan

    Society for Worldwide Interbank Financial Telecommunication CEO Gottfried Leibbrandt again stressed in a Tuesday speech that the global financial messaging network has not been compromised in the wake of a series of cyberattacks, while also laying out a five-point plan to shore up security in the sector.

  • May 24, 2016

    5 Common Mistakes Young Privacy Attorneys Make

    In an area where the law is quickly evolving and far from uniform, it's easy for novice privacy and data security attorneys to get caught up in the nuances or notoriety of their work and forget about their clients. Here, privacy pros share some of the most common mistakes they've seen their greener counterparts make.

  • May 24, 2016

    Pa. Man Cops To Swiping Nude Pics From Celebs' Emails

    A Pennsylvania man pled guilty in federal court on Tuesday to charges that he obtained nude photos and videos of numerous female celebrities after hacking into their email accounts.

Expert Analysis

  • Ill. Appeals Court Ruling Could Mute TCPA Class Actions

    Bruce M. Lichtcsien

    In First Mercury Insurance v. Nationwide Security Services, an Illinois state appeals court called for a change in how attorneys' fees are calculated for Telephone Consumer Protection Act class actions, which could signal the death knell for profitable TCPA litigation in Illinois, says Bruce Lichtcsien at Hinkhouse Williams Walsh LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote efficiency and transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • The Risk Of Data Misuse By Health Care Co. Employees

    Tina Sciocchetti

    A recent decision from the Southern District of Florida highlights the risks companies that collect or maintain sensitive personal information face when a rogue employee compromises data security. Data privacy and security policies and procedures should address and limit unauthorized access not only to external sources, but also to internal sources who may act outside the scope of their employment, say attorneys at Nixon Peabody LLP.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • Spotlight On Spokeo: A Deeply Gratifying Result

    Neil Richards

    Rather than being the end of consumer protection lawsuits, the U.S. Supreme Court's Spokeo v. Robins opinion offers Congress a green light to give consumers the rights they need to protect their privacy and other digital rights. This is exactly the result Spokeo was most likely dreading, says professor Neil Richards of Washington University School of Law.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Spotlight On Spokeo: A Win For Consumers

    Nicholas R. Diamand

    Our friends in the defense bar, still smarting from the outcomes in Campbell-Ewald and Tyson Foods, have already begun to try to spin Spokeo as creating new limits on class actions. But the U.S. Supreme Court's opinion, in a sure-to-be-cited footnote, expressly said that whether a case is a class action “adds nothing to the question of standing,” say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.

  • Inside Tennessee's Revolutionary Data Breach Notice Law

    John Mullen

    Tennessee's recent amendment to its data breach notice law is a potential game-changer. Encryption has long been a statutory keystone of data privacy at both the state and federal level. If you encrypt it, you are likely safe. Now, maybe not, say John Mullen and Jennifer Coughlin of Lewis Brisbois Bisgaard & Smith LLP.

  • Spotlight On Spokeo: Ruling Represents Win For Businesses

    Joseph W. Jacquot

    Regardless of how the Ninth Circuit handles the remanded case, the U.S. Supreme Court’s decision in Spokeo v. Robins places new safeguards against baseless and costly class actions, and will prevent the federal courts from being used by plaintiffs lawyers for actions more appropriately left to the discretion of government enforcers, says Joseph Jacquot, a partner with Foley & Lardner and former deputy attorney general of Florida.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.