Privacy

  • December 17, 2014

    ICANN Email Credentials, User Data Lifted In Cyberattack

    The nonprofit organization that manages Internet domain names and addresses said Tuesday that it was the target of a spear-phishing attack that compromised the email credentials of several staff members as well as the names, passwords and other account details belonging to certain domain registries.

  • December 17, 2014

    Wash. Debt Collector Can't Elude FDCPA Class Action

    A federal judge in Washington state on Tuesday refused to throw out a proposed class action accusing a debt collector of unlawfully threatening debtors with prosecution, finding that the underlying debt stemming from a bounced check for license plate fees was covered under the Fair Debt Collection Practices Act.

  • December 17, 2014

    Privacy MVP: Fenwick & West's Tyler Newby

    Helping Pandora Media Inc. shake off a proposed class action alleging it misused customer information and serving as co-lead counsel in multidistrict litigation over Carrier IQ Inc.'s cellphone tracking software are among the highlights that landed Fenwick & West LLP partner Tyler Newby on Law360's list of 2014 Privacy MVPs.

  • December 17, 2014

    Silk Road's 'Dread Pirate' Blew Off Verbal Plea Deal Offer

    Alleged Silk Road mastermind Ross Ulbricht said Wednesday in Manhattan federal court that he ignored an opportunity to plead guilty prior to being formally indicted for running a global online drug trafficking and money laundering operation.

  • December 17, 2014

    Airgas Credit Card Receipts Violate FCRA, Class Says

    Airgas Inc. on Monday was hit with a proposed class action in Illinois court alleging it ran afoul of the Fair Credit Reporting Act and put its customers at risk of identity theft by printing expiration dates on credit and debit card receipts.

  • December 17, 2014

    Law Prof Tells 4th Circ. $13.5M Lexis Deal Rewrites FCRA

    A University of Maryland law professor urged the Fourth Circuit on Tuesday to undo a $13.5 million settlement in a class action alleging LexisNexis Risk and Information Analytics Group Inc. sold reports to debt collectors without following consumer protection laws, arguing that the settlement would effectively rewrite the Fair Credit Reporting Act.

  • December 16, 2014

    Senate Advances Security Clearance Reform Bill

    The U.S. Senate took one step closer to security clearance processes on Monday when it passed the Security Clearance Accountability, Reform and Enhancement Act, a measure that limits employment protection for background investigators found guilty of misconduct.

  • December 16, 2014

    Anti-Gay Marriage Group Renews Attys' Fee Bid In IRS Fight

    The National Organization for Marriage Inc. on Monday filed notice it would appeal a Virginia federal court’s decision not to award it $691,000 in attorneys' fees to the Fourth Circuit, where it will argue its $50,000 settlement was a significant recovery.

  • December 16, 2014

    FTC Taps Antitrust Professor To Lead Policy Planning Office

    The Federal Trade Commission has tapped an antitrust professor at Seton Hall University School of Law to serve as director of its Office of Policy Planning, which develops competition and consumer protection policy for the agency, the FTC said Tuesday.

  • December 16, 2014

    SuperValu Data Breach Actions Combined In Minnesota

    The U.S. Judicial Panel on Multidistrict Litigation on Tuesday centralized two proposed class actions brought by consumers who allege their credit card information was exposed in a data breach suffered by grocery chain SuperValu Inc. in Minnesota, where the company has its headquarters.

  • December 16, 2014

    Facebook Privacy Policy Changes Draw Dutch Investigation

    The Dutch Data Protection Authority on Tuesday urged Facebook Inc. to delay the implementation of revisions to the way the site handles users' personal data and photos until the regulator can complete a probe into the planned privacy policy changes.

  • December 16, 2014

    Ex-Employees Sue Sony Pictures For Not Preventing Breach

    Sony Pictures Entertainment Inc. was hit in California federal court Monday with the first proposed class action over the recent data breach at the company, a situation that former employees claim is “better suited to a cinematic thriller than to real life.”

  • December 16, 2014

    Privacy MVP: Ropes & Gray's Douglas H. Meal

    In what’s becoming known as a historic year for retailers suffering significant data security breaches, several of the biggest names, including Target Corp., Wyndham Worldwide Corp. and Home Depot Inc., have enlisted Ropes & Gray LLP's Douglas H. Meal to lead them out of the ensuing legal quagmire, earning him a spot among Law360's 2014 Privacy MVPs.

  • December 16, 2014

    Tucker Ellis Can't Force Former Atty Into Arbitration

    A California appeals court on Monday denied a bid to compel arbitration in a suit brought by a former Tucker Ellis LLP asbestos attorney alleging that the firm improperly disseminated his work product after he took a new job, finding that a judge properly determined the arbitration agreement in question is “unconscionable.”

  • December 15, 2014

    Verizon, Others Back Microsoft In Overseas Warrant Battle

    Verizon Communications Inc., the U.S. Chamber of Commerce, the Center for Democracy and Technology and dozens of other business groups and privacy experts on Monday flooded the Second Circuit with briefs supporting Microsoft Corp.’s challenge to a search warrant that would allow the U.S. government to access user data stored overseas.

  • December 15, 2014

    Microsoft GC Confident It Will Defeat US In Warrant Fight

    Microsoft Corp. knew its challenge to a warrant requiring the company to give the government user data stored overseas wouldn't be a "smooth ride," but it's optimistic it will prevail, even if that requires a trip to the U.S. Supreme Court, Corporate Vice President and Deputy General Counsel David Howard told Law360 in an exclusive interview Monday.

  • December 15, 2014

    Privacy MVP: BakerHostetler's Paul Karlsgodt

    BakerHostetler partner Paul Karlsgodt has been a keen adviser to hospitals facing an onslaught of claims over stolen patient information, guiding Eisenhower Medical Center past a suit carrying $500 million in potential damages and blunting the force of a California statute in the process, earning his place on Law360's list of Privacy MVPs.

  • December 15, 2014

    High Court Clears Air On Class Action Removal Disputes

    By handing a win to Dart Energy Corp. on Monday, the U.S. Supreme Court not only crystallized that class action defendants don't have to provide additional evidence to support their bids to transfer cases from state to federal court, but also cemented the high court's authority to weigh in on removal disputes.

  • December 15, 2014

    Insurer Seeks To Duck Medical Product Retailer's TCPA Suit

    West Bend Mutual Insurance Co. on Monday said in a lawsuit filed in Illinois federal court that it shouldn’t have to defend or indemnify American Health Services Sales Corp. in an underlying junk fax proposed class action, saying that its policies exclude violations of the Telephone Consumer Protection Act.

  • December 15, 2014

    Google Faces $18.6M Fine From Dutch Privacy Watchdog

    Google Inc. is facing up to €15 million ($18.66 million) in fines for violating Dutch privacy laws by collecting unsuspecting users’ personal data without their consent for personalized advertisements, the country's regulator said Monday, giving the company until February to comply with its laws.

Expert Analysis

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • What's Missing From Many Lawyers' Cyberinsurance Advice

    Daniel Garrie

    Unfortunately I am watching many companies, law firms and accounting firms purchase cybersecurity insurance that is insufficiently effective, overly expensive or both. While insurance is necessary and important, it must be paired with the deployment of hardware and software systems and a review of existing policies and agreements, says Daniel Garrie of Law & Forensics LLC.

  • Cybersecurity In 2014: A Look Back At The NIST Framework

    Mauricio Paez

    One of the more significant cybersecurity developments in 2014 was the release of the the National Institute of Standards and Technology's "Framework for Improving Critical Infrastructure Cybersecurity." Some of the key qualities of the framework include its adaptability, structure and voluntary nature, say attorneys with Jones Day.

  • In-House Forecast For 2015: Past Is Prologue

    Veta T. Richardson

    Taking stock of 2014 trends — from increasing multinational expansion to new anti-corruption laws to major data breaches affecting millions of customers — provides a good opportunity for corporate counsel to renew their focus on a number of issues deserving attention in 2015 and beyond. Consider a few takeaways, says Veta Richardson, president and CEO of the Association of Corporate Counsel.

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • Fingerprint Lock Won't Protect Phone From Law Enforcement

    Kedar Bhatia

    A recent Virginia court ruling in Virginia v. Baust is a reminder to corporations and their counsel that while fingerprint technology may block hackers or thieves from viewing the contents on smartphones, it may surprisingly make it easier for government investigators to access these powerful mobile devices, say Glen Kopp and Kedar Bhatia of Bracewell & Giuliani LLP.

  • What Lawyer-Novelists Learned From Being Lawyers

    Michael H. Rubin

    The consensus that emerged from my discussions with several lawyers who have become best-selling novelists is that the traits it takes to be a great lawyer are invaluable in crafting first-rate mysteries and thrillers. Both thriller authors and lawyers possess a concentrated attention to detail that allows them to create a logical framework for their story, brief or courtroom presentation, says Michael Rubin of McGlinchey Stafford PLLC.

  • Flexibility For Debt Collector Messages After FDCPA Case

    Alan Kaplinsky

    The ruling in Zweigenhaft v. Receivables Performance Management LLC that a voice mail message containing the caller’s name and identifying the caller as a debt collector with “an important message” was not a “communication” under the Fair Debt Collection Practices Act should have debt collectors considering changes to their message scripts, say attorneys at Ballard Spahr LLP.

  • Tracking HIPAA Liability Trends At The State Level

    Anna Spencer

    While the Health Insurance Portability and Accountability Act does not provide a private right of action for plaintiffs, some states have permitted plaintiffs to essentially circumvent the prohibition of a private right of action by allowing plaintiffs to use HIPAA as a standard of care in state law negligence claims, say attorneys at Sidley Austin LLP.