Privacy

  • July 28, 2016

    Ikea Customer Raises DC Circ. Ruling In ZIP Code Remand Bid

    A consumer accusing Ikea of illegally collecting ZIP codes doubled down on her bid to move the putative class action to state court, telling the Ninth Circuit that a new D.C. Circuit ruling that cited the Spokeo precedent in nixing similar data collection claims supported her effort.

  • July 28, 2016

    Dem Lawmakers Push Obama For DNC Hack Details

    A pair of Democratic lawmakers are calling on President Barack Obama to release details related to a recent hack of the Democratic National Committee followed by the release of thousands of internal emails by WikiLeaks, and specifically on the investigation into alleged Russian involvement.

  • July 28, 2016

    Millennium Fights $5M HIPAA Coverage Loss At 9th Circ.

    Millennium Laboratories on Thursday urged the Ninth Circuit to undo a California federal judge’s decision to let its insurer off the hook for $5 million in coverage of a federal Health Insurance Portability and Accountability Act investigation, saying the ruling essentially rendered its policy meaningless and conflicted with California law.

  • July 28, 2016

    Ark. Political Robocall Law Struck Down As Unconstitutional

    An Arkansas federal judge on Wednesday struck down a state law banning political robocalls, ruling that the decades-old statute did not meet the "strict" test for bypassing First Amendment protections because the relevant privacy and safety concerns could have been tackled in a less restrictive way. 

  • July 28, 2016

    USA Today App User, Gannett Spar Over Spokeo

    A USA Today reader who said the company's app disclosed his video viewing preferences told a federal judge in Boston Thursday that the Spokeo Supreme Court decision didn't doom his putative class action privacy claim despite Gannett's request to dismiss the suit on those grounds.

  • July 28, 2016

    Feds Hit Back On Bid To Block Obama's Gender ID Policy

    The federal government, and separately a handful of states, told a federal judge on Wednesday not to grant a request from Texas and a dozen other states seeking to block the Obama administration's federal guidance for transgender students — days after other states voiced support for halting the measure while the case is decided.

  • July 28, 2016

    House Panel Wants White House’s Cybersecurity Report

    House Oversight Committee leaders on Wednesday pressed the White House to explain cybersecurity implementation efforts within the Executive Office of the President, or alternatively explain why it believes it is exempt from a reporting requirement that applies to other federal agencies.

  • July 28, 2016

    FCC Told To Follow Congress' Privacy Directive

    Public interest group Public Knowledge has told the Federal Communications Commission that as the agency considers privacy rules for internet service providers, it must respect the explicit direction of Congress to regard the privacy of communications as “uniquely sacrosanct.”

  • July 28, 2016

    FCC Wants Input On Rules For Wireless Car Communication

    The Federal Communications Commission is seeking public comments on the prospect of new rules regarding vehicles communicating with each other over shared wireless spectrum, responding to a petition put forward by public interest groups claiming the technology poses an unchecked security threat.

  • July 28, 2016

    DOD May 'Blow Up' Cyber Buying Process, Official Says

    The U.S. Department of Defense's chief information officer said the government could soon "blow up" the way it buys and certifies new cybersecurity technologies, arguing Thursday that the government needs new, more flexible ways to get the latest technology.

  • July 28, 2016

    Condé Nast Slams Subscriber's Bid To Save Data Sales Suit

    Condé Nast clapped back Wednesday at a bid to keep alive class allegations that the media company sold customer data without consent, telling a New York federal judge the consumers' reliance on a ruling on entirely different claims has no bearing on this case.

  • July 27, 2016

    Sony Sued Over 2014 Hack That Exposed Movie To Piracy

    Sony Pictures Worldwide Acquisitions Inc. breached a distribution agreement by failing to prevent a massive November 2014 data breach that exposed several movies to piracy, the maker of one of those compromised films claimed in a lawsuit filed Wednesday in Florida federal court seeking millions in damages.

  • July 27, 2016

    Fiat Says Arbitration Deal In Car-Hacking Suit Revealed Late

    Fiat Chrysler on Wednesday urged an Illinois federal court to stay proceedings and force arbitration in a proposed class action alleging the automaker's vehicles have a defective internet connectivity system that allows hackers to take control, saying it only recently discovered an arbitration agreement existed with the plaintiffs.

  • July 27, 2016

    Navient Call Recipients’ Class Certified In Autodialing Suit

    An Indiana federal judge on Wednesday certified a nationwide class of cellphone owners alleging they received unsolicited, autodialed calls from Navient Solutions Inc., rejecting the student loan servicer's contentions that individual circumstances in each call's case weren't suitable for class treatment.

  • July 27, 2016

    Ex-Sony GC Says FBI's Help Was Vital In Breach Aftermath

    A former Sony general counsel who played an active role in responding to a massive cyberattack that exposed employee and corporate data said Wednesday that one of her first moves was to call law enforcement, highlighting the value repeatedly stressed by the FBI head and others of building strong relationships with the government.

  • July 27, 2016

    Pokemon Go Gamer Sues App Developer Over Privacy Policy

    The developer of the popular “Pokemon Go” app, Niantic Inc., was sued in Florida court Tuesday by a user who says the game’s deceptive and unfair terms of service and privacy policy can’t be enforced because they violate state contract laws.

  • July 27, 2016

    Sears Sues Franchisee After Alleged Extortion Attempt

    A home goods division of Sears Holdings Corp. has sued a Michigan franchisee in Illinois federal court, claiming that the franchisee is in breach of contract for abruptly closing a Michigan store and is violating Illinois and federal trade secrets law by failing to relinquish customer information.

  • July 27, 2016

    Steakhouse Looks To Chop FACTA Suit For Lack Of Harm

    Wolfgang’s Steakhouse and ZMF Restaurants on Wednesday sought to dismiss a proposed class action accusing them of violating the federal Fair and Accurate Credit Transactions Act by printing credit card expiration dates on customers’ receipts, saying the lack of actual harm is fatal under recent U.S. Supreme Court precedent.

  • July 27, 2016

    Job Seekers Win Class Cert. In Background Check Row

    A California federal judge on Tuesday certified a class of applicants who say background check company S2Verify unlawfully included obsolete criminal information on their reports in violation of the Fair Credit Reporting Act, saying the alleged harm meets the tests established by the U.S. Supreme Court in May's Spokeo decision.

  • July 27, 2016

    Gov't Workers Blast OPM's Effort To Toss Data Breach Suit

    Federal employees affected by last summer's sweeping hack of government personnel databases defended their class action against the Office of Personnel Management on Wednesday, saying the office has downplayed the workers' constitutional rights.

Expert Analysis

  • The Technology Lawyer And Connected Things

    Ron Raether

    Many lawyers oversimplify internet-of-things issues by talking about data misuse cases as if the solution was to simply “say what you do, and do what you say.” This advice is stuck in the past, where few companies controlled the entire experience for the users, say attorneys with Troutman Sanders LLP.

  • OPINION: Our Juries Are Being Circumvented

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    The Freddie Gray case and the U.S. Supreme Court ruling regarding former Virginia Governor Robert McDonnell demonstrate how the government replaces juries, eliminating an important community decision maker and a check on governmental power, says Professor Suja Thomas of the University of Illinois College of Law.

  • The Internet Of Health Things: Privacy And Security Issues

    Kimberly C. Metzger

    While "internet of health things" devices share many privacy and security concerns with their smart kin, other issues are heightened by — or unique to — the health care environment and the sensitive nature of health data, says Kimberly Metzger at Ice Miller LLP.

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • How 2nd Circ. Microsoft Ruling Will Affect Law Enforcement

    Grant P. Fondo

    The Second Circuit recently held that Congress enacted the Stored Communications Act to enhance a user’s privacy rights, rather than provide the government another tool for disclosure of information. A number of holdings in Microsoft v. U.S. are likely to have a significant impact on the scope of privacy protections and government investigations, says Grant Fondo, a partner at Goodwin Procter LLP and former federal prosecutor.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Carelessness Is Not Criminal: The Impact Of FBI Chief's Theory

    Brian E. Finch

    Buried deep in the transcript of FBI Director James Comey’s fiery hearing with the House Oversight and Government Reform Committee was an interesting nugget — Comey stated that he has worked hard “to stop the criminalization of negligence in the United States.” It’s a fascinating position to take and could alter attitudes about who should be held accountable following cyberattacks, says Brian Finch of Pillsbury Winthrop Shaw Pittman LLP.

  • How Employers Can Prepare For The Perils Of 'Pokemon Go'

    Keith A. Ashmus

    With the recent release of "Pokemon Go," employers may now be less concerned about "Candy Crush" distractions and more concerned about team Pokemon hunts in the office. The game has the real potential to create significant pitfalls for corporate employers, who must prepare for Pokemon mishaps from both employees and trespassers, says Keith Ashmus at Frantz Ward LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Microsoft Search Warrant Case Is A Win For Privacy

    Bradley S. Shear

    The Second Circuit's recent ruling that the U.S. Department of Justice may not utilize a U.S. search warrant to access customer data stored overseas is a victory for not only personal privacy rights but also for the theory that people’s rights in the physical world should be extended to the digital world, says attorney Bradley Shear.