• July 29, 2015

    Williams Mullen Adds Data Protection, Cybersecurity Practice

    Williams Mullen is expanding its service to include a team that will advise businesses on protecting their personal data, intellectual property and sensitive commercial information, the firm announced Wednesday.

  • July 29, 2015

    State Dept. Must Give AP More Answers In FOIA Suit: Judge

    The U.S. State Department will have to provide the Associated Press with more answers about thousands of pages of documents related to the tenure of Secretary Hillary Clinton, after an agency official’s responses didn’t satisfy a D.C. federal judge at a Wednesday hearing.

  • July 29, 2015

    CORRECTION: Great American Hit With $10M Claim Over Computer Fraud

    A provider of prepaid cards and payment networks on Wednesday hit Great American Insurance Co. with claims in Georgia federal court that it wrongfully denied coverage for a cyberattack on its systems that resulted in more than $11 million in losses.

  • July 29, 2015

    Canadian Medical Marijuana Users Win Cert. Over Mailing

    The Federal Court of Canada granted class certification to a group of medical marijuana users who claim a mass mailing by Health Canada marked with a return address of a medical marijuana program violated their privacy by outing them as program participants.

  • July 29, 2015

    Insurer Must Defend FCRA Suits Despite Penalty Exclusion

    Navigators Insurance Co. has to defend and indemnify Sterling Infosystems Inc. in two federal lawsuits seeking damages under the Fair Credit Reporting Act even though its errors and omissions insurance policy excludes fines and penalties, the New York Supreme Court ruled Tuesday.

  • July 29, 2015

    Vasco Faces Investor Class Action Over Illegal Iran Sales

    Vasco Data Security International Inc. was hit with a proposed class action in Illinois federal court Tuesday by an investor who says the Internet security company hid the fact that some of its products may have been sold to the Iranian government in violation of U.S. sanctions.

  • July 29, 2015

    Sens. Urge NHTSA To Investigate Cars' Software Weaknesses

    Following a recall of 1.4 million vehicles by Chrysler’s parent company FCA US LLC on Friday prompted by a media report of hackers controlling a Jeep remotely, lawmakers called on the National Highway Traffic Safety Administration on Tuesday to investigate cybersecurity weaknesses in other cars.

  • July 29, 2015

    Outlet Co. Sued Over Wilsons Leather Data Collection

    A proposed class action filed in California federal court Monday accused outlet mall operator AM Retail Group Inc. of improperly collecting email addresses during credit card transactions at Wilsons Leather locations throughout the state.

  • July 28, 2015

    Wyden Blocks Intelligence Bill Over Social Media Monitoring

    Sen. Ron Wyden, D-Ore., put a hold on the 2016 intelligence authorization bill in the U.S. Senate Tuesday after Internet and social media companies raised concerns over a provision that would require them to report suspected terrorist activity on their platforms.

  • July 28, 2015

    Sedgwick Nabs Cybersecurity Pro From Wilson Elser

    Sedgwick LLP has snagged a former Wilson Elser Moskowitz Edelman & Dicker LLP attorney for its Chicago office in a move to strengthen its cybersecurity, employment and insurance litigation capabilities, the firm announced Tuesday.

  • July 28, 2015

    11th Circ. Vacates Block On Fla. 'Gun Gag' Law

    The Eleventh Circuit on Tuesday reversed a lower court’s order that granted an injunction of a Florida state law restricting doctors from asking “irrelevant” questions about patients’ gun ownership, saying that the law protects patient privacy by circumscribing irrelevant inquiry.

  • July 28, 2015

    Hospital Slams 7th Circ. Neiman Marcus Data Breach Ruling

    A hospital facing a proposed class action over a patient data breach told an Alabama federal judge on Monday to ignore the Seventh Circuit's recent revival of another data breach case, saying the circuit court had strayed from precedent.

  • July 28, 2015

    Citizens United Can't Duck NY AG's Demand For Donor Names

    A New York federal judge on Monday denied an attempt by Citizens United to block state Attorney General Eric Schneiderman’s demand that it disclose its major donors in order to seek funds in the state, finding the conservative group is unlikely to succeed in a broader lawsuit.

  • July 28, 2015

    White House Backs Calls For Email Privacy Law Reform

    The White House on Tuesday backed public calls for updates to the Electronic Communications Privacy Act, saying the electronic eavesdropping law was “outdated” and not adequately protective of privacy, but stopped short of endorsing any specific proposed overhaul legislation.

  • July 28, 2015

    Cotchett, Girard Gibbs, Pritzker Levine To Lead Lenovo MDL

    Cotchett Pitre & McCarthy LLP, Girard Gibbs LLP and Pritzker Levine LLP beat a slew of other firms to nab the role of interim co-lead counsel for the plaintiffs in multidistrict litigation accusing Lenovo Inc. of secretly installing user information-harvesting software, according to an order filed Monday in California federal court.

  • July 28, 2015

    Cybersecurity Pros Tell Pols To Tweak Terrorism Liability Law

    A pair of cybersecurity experts on Tuesday urged lawmakers to amend a law passed in the wake of 9/11 that provides liability protections to companies using U.S. Department of Homeland Security-certified products after a terrorist attack to make it clear that it also applies to cyberattacks.

  • July 28, 2015

    Google, Viacom Misused Cookies To Track Kids, 3rd Circ. Told

    Plaintiffs urging the Third Circuit to revive their class action allegations that Google Inc. and Viacom Inc. tracked children’s online video habits without consent told the court Tuesday that their case isn’t about eliminating tracking through Internet cookies, but simply preventing their misuse.

  • July 28, 2015

    State Farm Takes Hospital Contract Row To Fla. High Court

    State Farm Mutual Automobile Insurance Co. continued its quest to learn whether a hospital overbilled it for accident patients' care while handing discounts to medical insurers, telling the Florida Supreme Court on Monday that the lower court botched its state statute interpretation.

  • July 28, 2015

    UK Supreme Court To Hear Google Privacy Appeal

    The U.K. Supreme Court on Tuesday said that Google Inc. could appeal part of a lower court’s decision that the Internet giant harmed users of Apple Inc.'s Safari browser by collecting their information without permission and selling it to advertisers.

  • July 28, 2015

    DHS Watchdog Backs DOJ Counterpart On Docs Access

    The U.S. Department of Homeland Security's Inspector General on Monday said it fully supports the arguments made by its Justice Department counterpart accusing a recent DOJ report of hindering effective oversight by limiting watchdog access to protected documents.

Expert Analysis

  • 5 Tips For Success In Cyberinsurance Litigation

    Roberta Anderson

    Cyberinsurance is unlike any other line of coverage as there is no standardization — but Roberta Anderson at K&L Gates LLP has five strategies companies can follow for cyberinsurance litigation success.

  • Corporate Reputation Management Vs. Employee Privacy

    Kara Lyons

    Information posted by or about an employee can have a deeply negative impact on a company’s image. Companies are responding by more carefully monitoring employees, but there are substantial limits and risks when an employer monitors and acts on the basis of employee activity on social media, say Rob Kilgore of Absio Corporation and Kara Lyons and Nicole Truso of Faegre Baker Daniels LLP.

  • A Standing Ovation For Plaintiffs In Data Breach Cases

    Priya Roy

    Why did the Seventh Circuit find standing in the Neiman Marcus case when the vast majority of data breach cases have been dismissed on standing grounds? Comparing the case to other recent decisions provides some guidance, but it also raises concerns that a company’s data breach response and remedial measures may be used against it as evidence of harm, says Priya Roy of Montgomery McCracken Walker & Rhoads LLP.

  • Sports Espionage Brings Great Risks For Both Spy And Victim

    Sekou Lewis

    Two recent events reveal how high-tech espionage concerning carefully guarded team data is a new form of cheating that poses a real threat, say Sekou Lewis and Matthew Tamasco of Schnader Harrison Segal & Lewis LLP.

  • Surviving The 2nd Wave Of Cybersecurity Litigation

    John C. Pitblado

    The first wave of cybersecurity coverage litigation tested the limits of policies that had been issued without specific underwriting of cybersecurity risks, and as the second wave of cybersecurity litigation hits, early returns suggest that future cases will re-run many familiar coverage issues. The second wave may be cresting, but there’s still plenty of time for the weather to start getting rough again, says John Pitblado at Car... (continued)

  • Ex Ante Vs. Ex Post: Janis Joplin’s Yearbook Revisited

    Paul E. Godek

    Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.

  • Cash That Class Action Check, No Matter How Small

    Brian S. Kabateck

    Once a class action is brought and won or settled, consumers have the responsibility of confirming the continued efficacy of applicable laws and the class action tool. When a large portion of eligible consumers fail to join a class or cash their settlement checks, they allow improper corporate behavior to be more profitable than costly, say Brian Kabateck and Sally Son of Kabateck Brown Kellner LLP.

  • Protecting Privacy In Medical Records During Litigation

    Martin Merritt

    At the heart of the appeal in United States v. Zadeh, which involves a Texas district court ruling allowing patient medical records to be turned over to the federal government without a warrant, is the collision of two competing interests — a patient’s expectation of privacy and the government's desire to gain access to evidence for use in court, says Friedman & Feiger LLP's Martin Merritt, executive director of the Texas Health La... (continued)

  • Fast Payments Industry Must Adapt To Evolving CFPB Policy

    James Kim

    Although the Consumer Financial Protection Bureau has expressed support for faster payments, fintech businesses should heed the agency’s warning that they must consider data privacy and other consumer protection issues. The warning carries the weight of enforcement actions in which the CFPB recently held payment processors responsible for harm caused by others, say attorneys with Arnold & Porter LLP.

  • Is Social Media Eroding Nonsolicitation Agreements?

    Lawrence J. Del Rossi

    While recent court opinions suggest that passive social media activity likely will not be actionable conduct in a restrictive covenant setting, a former employee’s more active use of social media to target and encourage customers or employees to terminate their business relationships may support the employer’s application for injunctive or monetary relief, says Lawrence Del Rossi of Drinker Biddle & Reath LLP.