• August 28, 2015

    UCLA Says Breach Victim’s Depression Due To Childbirth

    An attorney for the University of California, Los Angeles Health System on Friday cross-examined a woman suing it for allowing her ex-boyfriend’s new partner to access her medical records, questioning whether sadness she felt after the incident was caused by the privacy breach or was pregnancy-related.

  • August 28, 2015

    DC Circ. Protects Secret Gov't Programs In NSA Ruling

    The D.C. Circuit's decision to lift a lower court's injunction against the National Security Agency's phone metadata collection will have limited practical impact on the program soon to be curtailed by Congress, but attorneys say the ruling established a precedent making it difficult for plaintiffs to challenge other secret government programs.

  • August 28, 2015

    Endo Wants TCPA Suit Held Longer While FCC Mulls Fax Rule

    Endo Pharmaceuticals Inc. fired back Friday at the medical group leading a proposed class action alleging the company violated junk fax laws under the Telephone Consumer Protection Act, telling a Pennsylvania federal judge it’s offered no legitimate reason why an already eight-month stay on the case shouldn’t continue.

  • August 28, 2015

    Illegal Bitcoin Exchange Suspect In Talks With Prosecutors

    One of two men accused of running an unlicensed bitcoin exchange service that allegedly laundered money for criminals is in settlement talks with prosecutors, according to documents filed Thursday in New York federal court.

  • August 28, 2015

    McDonald Hopkins Adds Ex-Akerman Partner In S. Florida

    McDonald Hopkins LLC announced Wednesday that Christopher B. Hopkins has been elected a member of the business advisory and advocacy law firm and will bring his experience with contracts, emerging technologies and related privacy issues to its West Palm Beach, Florida, office.

  • August 28, 2015

    Ex-NFL Players Say EA Can't Wait Any Longer On High Court

    Retired NFL players claiming Electronic Arts Inc. illegally used their likenesses in “Madden NFL” video games asked a California federal judge on Thursday to deny the company a stay for a U.S. Supreme Court appeal, saying they're not getting any younger while discovery waits.

  • August 28, 2015

    JPML Urged To Lump Ashley Madison Cases In Missouri

    An anonymous woman behind the first of at least five suits claiming adultery matchmaking service Ashley Madison’s parent company failed to safeguard user data urged the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate claims against the company in Missouri.

  • August 28, 2015

    DC Circ. Lets NSA Phone Surveillance Continue Amid Suit

    The D.C. Circuit lifted a lower court’s injunction on the National Security Agency’s phone metadata collection program on Friday, ruling in a 2-1 decision the plaintiffs challenging the program lacked a substantial likelihood to win the case.

  • August 27, 2015

    UCLA Medical Data Breach Left Victim Depressed, Jury Hears

    A woman who sued the University of California, Los Angeles Health System after discovering that her ex-boyfriend's new partner accessed her medical records and texted them to others took the stand Thursday, saying the violation of her privacy left her "stressed, crying, depressed."

  • August 27, 2015

    Schnuck Grocery Chain Loses Bid To Toss Data Breach Suit

    An Illinois federal judge on Thursday denied a bid by midwestern grocery chain Schnuck Market Inc. to escape a lawsuit brought by more than 200 customers affected by a 2012 data breach, saying the plaintiffs have clearly alleged they’ve already suffered economic harm from the breach.

  • August 27, 2015

    4 Of 5 Health Care Orgs Hit By Cyberattacks, Study Says

    Eighty-one percent of health care executives say their organizations have been compromised by at least one cyberattack during the past two years, and a little more than half feel they're adequately prepared to prevent attacks, according to a recent study by KPMG LLP.

  • August 27, 2015

    Wash. Public Worker Must Reveal Texts On Personal Phone

    A public employee’s work-related texts sent on a private cellphone while working are public records subject to disclosure, the Washington Supreme Court ruled Thursday, ordering a county prosecutor to produce text messages in response to a records request.

  • August 27, 2015

    Calif. High Court Snubs 9th Circ.'s Data Collection Query

    The California Supreme Court declined on Wednesday to respond to a question certified by the Ninth Circuit to clarify whether retailers in the state can request customers’ personal information because a state appellate court has already ruled they can.

  • August 27, 2015

    AP Hits DOJ With FOIA Suit Over Fake News Story

    The Associated Press on Thursday hit the U.S. Department of Justice with a suit in D.C. federal court over the FBI’s failure to respond to a Freedom of Information request seeking information on the bureau’s creation of a fake AP story to trick a suspect into downloading surveillance software.  

  • August 27, 2015

    Former Ohio Asst. Atty General Reprimanded For Snooping

    A former Ohio Assistant Attorney General was publicly reprimanded by the state's Supreme Court on Wednesday for looking up confidential information about people either she or her friends were dating in a private government agency database during her time in office.

  • August 26, 2015

    UCLA Official Grilled Over Medical Record Privacy Breach

    Against the backdrop of a data breach affecting 4.5 million University of California Los Angeles Health System patients, the system’s privacy officer took the stand Wednesday in a suit brought after a woman's medical records were accessed by her ex-boyfriend's new partner, facing questions about why available security measures weren’t used.

  • August 26, 2015

    No Jurisdiction In Privacy Class Action, Texas Judge Says

    A federal Texas judge on Tuesday recommended dismissing a proposed class action accusing a former Florida-based marketing company of violating privacy laws by using personal information from motor vehicle records in Texas and Florida, saying the plaintiffs didn’t show how the Lone Star State had jurisdiction.

  • August 26, 2015

    Ashley Madison Hit With Class Action Over Data Breach In Ala.

    Litigation over the Ashley Madison data breach continues to mount as the extramarital dating site was hit with another putative class action in Alabama federal court on Wednesday that claims it failed to protect its customers' data or promptly alert them of the July hack that made 37 million members’ information public.

  • August 26, 2015

    Celebrity Detective, Atty Lose Bulk Of 9th Circ. Appeal

    The Ninth Circuit on Tuesday largely upheld the convictions of former “private eye to the stars” Anthony Pellicano and his client, once-prominent attorney Terry Christensen, for conspiracy and illegal wiretapping of the enemies of Pellicano’s high-powered Hollywood clients, but overturned two computer fraud convictions for Pellicano.

  • August 26, 2015

    Illinois Gov. Vetoes Data Breach Notification Bill

    Illinois Gov. Bruce Rauner has vetoed a data breach notification bill that would have updated the state’s laws protecting personal information to include consumer marketing data and geolocation information, saying the measure went too far.

Expert Analysis

  • Ag Gag Laws Are Unconstitutional And Aid Animal Abuse

    Matthew Liebman

    The logic behind Animal Legal Defense Fund v. Otter is straightforward — ag gag laws in every state are in great danger of being held unconstitutional. While Idaho’s law is arguably the broadest, the district court’s reasoning indicts the entire concept of laws designed to silence critics of industrial agriculture, suggesting the impending demise of the ag gag era, say Matthew Liebman and Justin Marceau of the Animal Legal Defense Fund.

  • 4th Circ. View Of Cell Site Tracking May Lead To High Court

    Pierre Grosdidier

    The ruling in U.S. v. Graham over access to cell site location information at cell towers leaves open the possibility that a narrowly framed Stored Communications Act § 2703(d) order might still pass constitutional muster in the Fourth Circuit. Be that as it may, this issue could be ripe for U.S. Supreme Court review now that two circuits are squarely split based on similar sets of facts, says Pierre Grosdidier of Haynes and Boone LLP.

  • TCPA Issues Familiar And Unique To Health Care Providers

    Lewis S. Wiener

    Many of the issues facing health care companies under the Telephone Consumer Protection Act are similar to other industries — consent and the scope of that consent, reassigned numbers, opt-outs and large potential exposure to statutory damages. However, the Federal Communications Commission's recent TCPA order also holds a new exemption for the health care industry, say attorneys at Sutherland Asbill & Brennan LLP.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Inside DOD's Interim Rule On Cloud Cybersecurity

    Lawrence Prosen

    As the sophistication of cyber incidents increases and the security of government-protected data gains ever heightened stance, it is key that we continue to develop stronger regulations and protections. The U.S. Department of Defense interim rule relating to DOD-contracted cloud computing services is a good next step — but it is only a step on an undoubtedly long road, says Lawrence Prosen of Thompson Hine LLP.

  • 3rd Circ. Writes A Road Map For Cybersecurity Practices

    Tracy E. Miller

    The Third Circuit's analysis in Federal Trade Commission v. Wyndham Worldwide Corp. of applicable standards for Section 5 enforcement under the Federal Trade Commission Act and the court's discussion of specific shortcomings in Wyndham’s security safeguards create a road map for companies to assess their own practices in the face of mounting cybersecurity threats and clear affirmation of the FTC’s regulatory authority, say Tracy Mi... (continued)

  • Texas 'Revenge Porn' Ban Brings Enforcement Challenges

    Pierre Grosdidier, Ph.D.

    The Texas Relationship Privacy Act — effective Sept. 1 — provides new relief for revenge porn victims and may help dissuade revenge pornographers’ mischief. Despite its strong language, however, this new law is not a panacea. The challenge in these cases, as in many Internet defamation cases, is to identify the wrongdoer, says Pierre Grosdidier of Haynes and Boone LLP.

  • Idaho's Ag Gag Law Goes Down And Other States May Be Next

    Stacey L. Gordon

    Animal Legal Defense Fund v. Otter should be a cautionary warning to states beyond Idaho considering agricultural gag laws, especially since some legislatures were already wary of First Amendment challenges. Though ag gag laws have failed in several states, it is likely more legislatures will consider them given the growing scrutiny over factory farms, says the University of Montana's Stacey Gordon, secretary of the board for the H... (continued)

  • Donald Sterling V. TMZ: A Not-So-Sterling Lawsuit

    Neville L. Johnson

    If Donald Sterling had come to me with the privacy lawsuit that he recently filed against TMZ Productions Inc. and V. Stiviano, I would have sent the beleaguered former Clippers owner off to the locker room, says Neville Johnson, a founding partner of Johnson & Johnson LLP.

  • Franchisors Must Find The Right Data Security Balance

    Gavin George

    Savvy franchisors can adopt certain strategies to ensure reasonable levels of data security by their franchisees, to maintain some level of protection from liability in the case of data breach of a franchisee system, and to retain effective control over the response to a breach, say Gavin George and Marc Legrand of Haynes and Boone LLP.