• July 24, 2014

    Samsung, Others Say Wiretap Act Doesn't Apply In Privacy MDL

    Carrier IQ Inc., HTC Corp. and Samsung Electronics Co. Ltd. on Wednesday asked a federal judge to toss multidistrict litigation accusing them and other telecom companies of illegally collecting consumers’ data off their phones, arguing Wiretap Act claims simply don’t hold up under scrutiny.

  • July 24, 2014

    Apple Illegally Tracks Customer Location, Class Action Says

    Apple Inc. was hit Thursday with a proposed class action accusing it of tracking iPhone users’ whereabouts without their permission, following a report from China’s state-owned broadcaster that data-tracking functions in smartphone software will pose a threat to the country’s national security.

  • July 24, 2014

    Watchdog Finds HHS Lacking In ID Security Controls

    The U.S. Department of Health and Human Services hasn't brought its security controls for employee and contractor personal identity verification up to the standards set by a 2004 presidential directive, posing serious risks, according to a watchdog report made public Wednesday.

  • July 23, 2014

    EBay Hit With Class Action Over Data Breach

    EBay Inc. was hit Wednesday with a proposed class action accusing it of failing to properly secure its internal databases before a May cyberattack in which thieves accessed user passwords and personal data.

  • July 23, 2014

    FTC Commissioner Calls For Balanced Approach To 'Big Data'

    Federal Trade Commissioner Maureen Ohlhausen urged her colleagues to take a “humble regulatory approach” to tackling the privacy concerns raised by the aggregation and analysis of large data sets that takes into account both the benefits and the risks of big data initiatives.

  • July 23, 2014

    Mass. AG, Hospital Strike Deal On Unencrypted Data Loss

    A Rhode Island-based hospital has agreed to a civil penalty and making data security improvements to resolve the Massachusetts attorney general's allegations that the hospital failed to adequately protect personal and health data stored on unencrypted backup tapes that went missing in 2012, the regulator said Wednesday.

  • July 23, 2014

    FTC Steps Up Privacy Enforcement, With No Slowdown In Sight

    Despite facing a pair of court challenges to its authority, the Federal Trade Commission spent the first half of 2014 aggressively pursuing companies such as Snapchat Inc. and Fandango LLC over allegedly misleading privacy promises and lax data security, and attorneys expect the regulator to continue to put pressure on companies to secure and protect the consumer data they hold.

  • July 23, 2014

    Privacy Suit Can't Halt NOAA Satellite Contract, Judge Rules

    A Maryland federal judge on Tuesday rejected a bid by Science Systems and Applications Inc. to halt a National Oceanic and Atmospheric Administration satellite contract award because of claims the agency leaked the company's proprietary information, saying the company hadn’t shown it was likely to win the case.

  • July 23, 2014

    Petco Says Letter Snafu Dooms ZIP Code Class Action

    Petco Animal Supplies Store Inc. said Tuesday that a mistake by plaintiffs counsel destroys a proposed class action in Massachusetts that alleges the retailer violated credit card privacy rules, because before filing the lawsuit, attorneys accidentally sent a required demand letter to an executive at The Paper Store instead of Petco.

  • July 23, 2014

    Nine West Slapped With Undisclosed Background Check Suit

    Shoe retailer Nine West Holdings Inc. was slapped Wednesday with a putative class action in Florida federal court that alleges the company conducts background checks on job applicants without proper disclosures, violating the Fair Credit Reporting Act. 

  • July 23, 2014

    Suspected Cybercrime Ring Indicted Over StubHub Hack

    Six individuals have been indicted in New York for their alleged participation in an international cybercrime ring that authorities in North America and Europe have linked to unauthorized electronic ticket purchases made through more than 1,600 StubHub Inc. users' accounts, Manhattan's district attorney said Wednesday.

  • July 23, 2014

    Shell's Call Recording Center Puts Up $2M To Settle Suit

    Equilon Enterprises LLC, a company that recorded calls of customers contacting Shell Oil Co.'s call center, has agreed to pay almost $2 million to settle a class action alleging its actions violated California privacy laws.

  • July 22, 2014

    Gov't Not Immune From FCRA Damages, 7th Circ. Rules

    The Seventh Circuit ruled Tuesday that the federal government isn’t shielded from damages for violations of the Fair Credit Reporting Act, but still upheld on separate grounds the dismissal of an attorney’s class action over the government's alleged unlawful disclosure of his credit card information.

  • July 22, 2014

    Care1st Tells Judge Lost Data Didn't Harm Patients

    Care1st Health Plan on Tuesday urged a California judge to toss a putative class action alleging the managed care organization failed to encrypt members' private medical information on a computer disk that was misplaced, saying the proposed class can't show they were actually harmed by the purported leak.

  • July 22, 2014

    Newark Police To Make Reforms After DOJ Finds Racial Bias

    Newark, New Jersey’s police force on Tuesday announced an agreement with the U.S. Department of Justice to implement changes to its stop, arrest and force policies, to address a three-year study that yielded evidence of unconstitutional, racially biased policing.

  • July 22, 2014

    Recorded Marital Communication Isn't Evidence: NJ High Court

    The Supreme Court of New Jersey on Tuesday said communication between spouses cannot be admitted as evidence in a criminal trial, even if captured via wiretap, but recommended the Legislature amend evidentiary rules to withhold such protections for conversations used to further a crime.

  • July 22, 2014

    News Corp. Settles 3 Phone-Hacking Suits By Actor, Others

    News Corp. reportedly settled civil phone-hacking suits lodged in London's high court by actor Rhys Ifans, comedian Michael Barrymore and an agent on Tuesday, agreeing to pay an undisclosed amount of damages to settle the latest litigation in a scandal that crippled the company's U.K. operations.

  • July 22, 2014

    Goodwill Investigating Possible Payment Card Data Breach

    Goodwill Industries International Inc. is investigating a potential data security breach that may have compromised payment card numbers used to make purchases at its thrift shop locations in multiple states, the nonprofit organization said Tuesday.

  • July 22, 2014

    BakerHostetler Lures Privacy Pro From InfoLawGroup In LA

    BakerHostetler has brought on a founding partner of InfoLawGroup LLP to serve as a partner in BakerHostetler’s privacy and data protection team in Los Angeles, marking the sixth major privacy attorney to join BakerHostetler so far this year, the law firm announced on Monday.

  • July 22, 2014

    Google Privacy Policy Suit Trimmed Again But Still Standing

    A California federal judge on Monday threw out most of a proposed class action accusing Google Inc. of violating privacy laws by aggregating and storing users’ data across its many platforms, finding various claims still fell short of pleading standards.

Expert Analysis

  • 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.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Notable New Breach Controls For Intelligence Contractors

    Tom McSorley

    Overall, the procedures and requirements contemplated by the 2014 Intelligence Authorization Act contain little detail. Most of the work is yet to be done. However, the Director of National Intelligence will not necessarily be starting from a blank slate, say attorneys with Arnold & Porter LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.