• October 8, 2015

    Calif. Gov. Signs 'Landmark' Digital Privacy Bill Into Law

    California Gov. Jerry Brown on Thursday signed the "landmark" California Electronic Communications Privacy Act, updating the state's digital privacy laws by protecting Californians against warrantless surveillance of their digital information.

  • October 8, 2015

    Feds Crack Down On Corporate Hacking With Keys Conviction

    The successful criminal prosecution of former Reuters social media editor Matthew Keys is a harsh response by the government to companies' mounting concerns over external threats to their data and indicates that prosecutors will aggressively pursue those who infiltrate corporate networks, regardless of the attack's size or effects, attorneys say.

  • October 8, 2015

    Path's Top Execs Must Testify In User Privacy Case

    A California federal court Thursday denied an attempt by Path Inc. to keep its chief executive and former chief technology officer from being deposed by a proposed class of users accusing the social media company of accessing their contacts through its app without permission.

  • October 8, 2015

    AmEx Wants TCPA Row Paused While FCC Interpretation Eyed

    American Express urged an Illinois federal court Thursday to hold off on a putative class action alleging the company made numerous debt collection calls while the D.C. Circuit weighs a recent Federal Communications Commission order clarifying the Telephone Consumer Protection Act's scope.

  • October 8, 2015

    State Dept. Can’t Move Clinton Email Cases Under One Judge

    The U.S. Department of State lost a bid Thursday to coordinate under one judge more than 30 Freedom of Information Act lawsuits requesting the emails of former Secretary of State Hillary Clinton when a District of Columbia federal court found the cases are not similar enough.

  • October 8, 2015

    IRS Says Cyberattacks Warrant Bigger Budget

    Internal Revenue Service Commissioner John Koskinen on Wednesday advised a member of the U.S. Senate Committee on Finance that the increasing risk of cybersecurity threats combined with budget cuts and growing demands is undermining the agency’s ability to detect tax fraud and provide taxpayer services.

  • October 8, 2015

    EA Takes 'Madden NFL' Publicity Rights Row To High Court

    Electronic Arts has filed a petition for writ of certiorari with the U.S. Supreme Court, urging the justices to review whether the First Amendment protects its depiction of current and former NFL players in the "Madden NFL" video game franchise from a right-of-publicity putative class action.

  • October 8, 2015

    DC Judge Wary Of Letting NSA Spying Continue

    A D.C. federal judge cast doubt Thursday on allowing the National Security Agency to continue its bulk data collection program ahead of its expiration date, noting that he has already said the activities may be unconstitutional. 

  • October 8, 2015

    Troutman Sanders Nabs Ex-Faruki Ireland Cybersecurity Pro

    A former Faruki Ireland & Cox PLL partner and seasoned technology litigation and compliance attorney with expertise in business-impacting information technology has joined Troutman Sanders LLP to bolster the firm's privacy and financial services practices in its Orange County office, the firm has said.

  • October 8, 2015

    Drone Bill Would Make Reckless Flying A Criminal Offense

    U.S. Sen. Barbara Boxer introduced a bill Wednesday that would make flying a drone in unauthorized airspace a misdemeanor, according to a statement from her office.

  • October 8, 2015

    FCC Clarifies TCPA Robocall Rules

    The Federal Communications Commission on Thursday sought to present exactly how its July omnibus order clarified the limits and scope of the Telephone Consumer Protection Act's ban on robocall telemarketing.

  • October 8, 2015

    T-Mobile, Experian Data Breach Warrants Probe, Feds Told

    U.S. consumer groups asked the Federal Trade Commission and Consumer Financial Protection Bureau on Thursday to probe whether a recent hack at an Experian unit handling credit checks for T-Mobile means the credit reporting agency's information on 200 million consumers is at risk.

  • October 8, 2015

    Verizon Says Personal Info Won't Be Shared In AOL Ads

    Verizon Communications Inc. on Wednesday detailed changes to its advertising programs, which will integrate its controversial “supercookie” program that tracks users across devices with AOL Inc.’s advertising network, saying that no personally identifiable information will be transmitted.

  • October 7, 2015

    Jury Convicts Ex-Reuters Editor In LA Times Hacking Case

    A California federal jury on Wednesday convicted a former Reuters social media editor who allegedly helped the hacker group Anonymous break into the Los Angeles Times’ website and alter content, after a seven-day trial.

  • October 7, 2015

    Horizon Policyholders Seek Revival Of Data Breach Suit

    Horizon Healthcare Services Inc. members urged the Third Circuit Wednesday to ax a lower court's order dismissing a proposed class action over the theft of two laptops containing data for nearly 840,000 of the insurer's policyholders, saying they have established standing by pleading identity theft and other concrete injuries.

  • October 7, 2015

    Aaron's Franchisee Not Covered In 'Harassing' Call Suit

    A West Virginia federal judge ruled Wednesday that Westfield Insurance Co. doesn't have to defend a franchisee of rent-to-own retailer Aaron's against customers' claims that it violated a state statute by making harassing phone calls to collect on an outstanding debt, holding that none of the sections of the franchisee's policy provide coverage.

  • October 7, 2015

    Chip-Enabled Cards Won't Stem Data Breaches, Retailers Say

    The National Retail Federation on Wednesday bashed a new mandate for banks and retailers to switch to chip-secured credit cards, telling House lawmakers the transition will do little to halt data breaches and that forcing small businesses to adopt the technology would leave them unable to implement more effective safeguards.

  • October 7, 2015

    Microsoft Flags EU Data Pact's Demise In Fight Over Warrant

    Microsoft Corp. urged the Second Circuit on Tuesday to take into account a European court’s invalidation of the safe harbor data transfer scheme and a recent U.S. Senate hearing on electronic privacy laws when deciding whether to allow the government to access consumer data stored overseas.

  • October 7, 2015

    Calif. Gov. Signs Bill Addressing Smart TV Privacy Concerns

    California Gov. Jerry Brown announced on Tuesday that he had signed into law a bill requiring that smart-TV makers ensure voice-recognition features can’t be enabled without consumers' consent and barring them from using recorded conversations for advertisement purposes.

  • October 7, 2015

    Sens. Press Experian On Causes Of T-Mobile Breach

    Three U.S. Senators sent a letter to the heads of cellular service provider T-Mobile and credit reporting agency Experian on Wednesday, calling for an explanation of a hacking incident that exposed Social Security numbers and other sensitive data on 15 million people.

Expert Analysis

  • What To Do When Online Complainers Engage In Defamation

    Ross A. Williams

    We’ve all been there — a client calls; their business reputation has been smeared by an Internet reviewer with thousands of followers and an ax to grind. And if you haven’t been there yet, chances are you soon will. Online reputation is now routinely listed as one of the most important strategic risks large businesses face, says Ross Williams of Bell Nunnally & Martin LLP.

  • EU Safe Harbor Not So Safe — What Now?

    Susan L. Foster

    The European Union's highest court has declared the U.S.-EU data transfer safe harbor completely invalid. But even if your company relied exclusively on the safe harbor as the basis for its transfer of personal data from the EU to the U.S., not all hope is lost, say Susan Foster and Cynthia Larose at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Carjacker’s Use Of Uncle’s Phone Implicates Business Rights

    Daniel Wenner

    A carjacking case out of a district court in Michigan illuminates a potential pitfall in the ubiquitous business practice of issuing to employees company-owned mobile phones and other devices — a pitfall with increased urgency in the wake of the Yates memo, say Daniel Wenner and Kenton Atta-Krah of Day Pitney LLP.

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Excellus Breach: Encryption Cannot Always Save The Day

    Scott Lyon

    Excellus BlueCross BlueShield recently became the fifth major health care provider to disclose a breach since the beginning of 2015. So how can health care providers and their attorneys improve network security? One of the first steps is realizing that the solution is not always technical in nature, says Scott Lyon of Sedgwick LLP.

  • Another Privacy Victory For Video Service Providers

    Alysa Hutnik

    The Ninth Circuit's recent ruling in Rodriguez v. Sony Computer Entertainment America LLC is in line with the trend of courts limiting streaming media companies' liability under the Video Privacy Protection Act — a trend becoming increasingly important to companies’ bottom lines, say Alysa Hutnik and Robyn Mohr of Kelley Drye & Warren LLP.

  • Privacy Risk Considerations In Health Care IT Investments

    Erin Whaley

    By whatever name you call it — health information technology, digital health, mobile health, telehealth — there is a lot of private equity and venture capital money flowing to this space. But to help mitigate the risk of your health IT investment becoming a headline, it is imperative that you carefully examine your target’s privacy and security practices, says Erin Whaley of Troutman Sanders LLP.

  • Inside National Futures Association Cybersecurity Guidance

    Heather Egan Sussman

    New cybersecurity guidance proposed by the National Futures Association is particularly noteworthy for firms that are not currently subject to the cybersecurity rules set forth by the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority, say attorneys with Ropes & Gray LLP.

  • EEOC Won't Forget About Background Checks After Freeman

    Rod M. Fliegel

    Odds are the U.S. Equal Employment Opportunity Commission's settlement with BMW Manufacturing Co. LLC will embolden the EEOC, notwithstanding the $1 million in attorneys' fees it owes in Freeman, thus employers should continue to monitor the law surrounding criminal record screening policies, including Fair Credit Reporting Act class action litigation, say Jennifer Mora and Rod Fliegel of Littler Mendelson PC.

  • Like Neiman Marcus, Wyndham Is Not All It’s Cracked Up To Be

    John P. Hutchins

    Following the Third Circuit's recent decision in Federal Trade Commission v. Wyndham, commentators far and wide have predicted gloom and doom for those responsible for corporate data security. Certainly, the FTC’s self-proclaimed position as the “data breach police” was validated by the decision, but the formulation of a general standard for data security is no more certain now than it ever has been, says John Hutchins of LeClairRyan.