Practice Areas
Industries
Privacy & Consumer Protection
-
May 25, 2012
Lawmakers Push Twitter To Reveal Tracking Practices
Two House Republicans prodded Twitter Inc. on Friday to disclose more information about its data collection and tracking practices, citing concerns over the company's implementation of new tailored suggestions despite its recent commitment to the Internet industry's do-not-track initiative.
-
May 25, 2012
U Of Ill. FOIA Suit Belongs In State Court, 7th Circ. Says
The Seventh Circuit ruled Thursday that state court is the proper venue for the Tribune Co.'s attempt to force the University of Illinois to reply to its state Freedom of Information Act request regarding the school's admissions scandal, a request the school argues is barred by federal privacy law.
-
May 25, 2012
Lawmakers Press DOJ To Reopen Google Street View Probe
A pair of House Democrats on Thursday sounded the latest call for the U.S. Department of Justice to reopen its probe into Google Inc.'s collection of private information through its Street View service, following revelations that Google may have misled lawmakers and regulators.
-
May 25, 2012
Class Says JPMorgan Made Them Buy Excessive Flood Coverage
A class of homeowners sued JPMorgan Chase & Co. affiliates JPMorgan Chase Bank NA and Chase Insurance Agency Inc. in New York on Thursday, accusing them of forcing homeowners to buy more flood insurance than they needed.
-
May 25, 2012
P&G Sued Over Olay 'Anti-Aging' Skin Care Claims
The Procter & Gamble Co. was hit with a proposed class action in Los Angeles Superior Court on Wednesday over allegedly false and misleading claims related to its line of so-called anti-aging Olay skin creams.
-
May 25, 2012
FTC's Credit Report Notices Covered By FCRA, Judge Says
A Washington federal judge has found that the Federal Trade Commission's enforcement of credit score disclosure requirements was within its authority under the Fair Credit Reporting Act, despite the National Automobile Dealers Association's challenge to the rules, the government said Thursday.
-
May 25, 2012
Social Media Privacy Law Clears Calif. Senate
The California State Senate on Friday passed a law that would bar employers and colleges from demanding access to Facebook profiles, Twitter feeds and other social media accounts of employees and students, sending the bill to the state Assembly.
-
May 25, 2012
Ohio Latest To Float Bill On Workers' Facebook Passwords
An Ohio state senator on Thursday said she has introduced legislation that would bar prospective or current employers from requiring workers to provide access to private electronic accounts like Facebook, following a similar trend by lawmakers in several other states.
-
May 25, 2012
Wal-Mart Withholds Background Check Info, Suit Says
Wal-Mart Stores Inc. was on Thursday sued in New Jersey federal court by a proposed class of potential workers who allege the retail giant violated consumer protection law by failing to properly disclose information related to the criminal background checks it runs on job applicants.
-
May 25, 2012
Reach Of High Court's GPS Ruling Expanded In Ky. Drug Bust
A Kentucky federal judge overseeing a criminal drug case recently excluded critical evidence that police collected after attaching a GPS device to the defendant's vehicle without a warrant, extending the reach of a recent U.S. Supreme Court decision deeming such surveillance unconstitutional.
-
May 25, 2012
3rd Circ. Snubs Appeal in Arizona 'All Natural' Drink Suit
The Third Circuit on Thursday blocked a move to appeal a New Jersey federal judge's order denying certification to a class of consumers seeking to stop Arizona Beverage Co. and others from touting that nearly 30 Arizona brand beverages are "all natural."
-
May 24, 2012
CFPB Lays Out Rules For Extending Reach Beyond Banks
The federal government's consumer finance watchdog on Thursday described how it plans to bring nonbank companies offering potentially risky financial products under its regulatory umbrella, putting retailers, prepaid card operators and others on notice that they could be subject to additional scrutiny.
-
May 24, 2012
Pom Strikes Back With Ad Campaign In FTC Health Claim Row
Pom Wonderful LLC said Thursday that the Federal Trade Commission had publicly “oversimplified” a judge's ruling on whether the juice maker's advertising claims had been misleading, and said it was launching a major ad campaign to show it.
-
May 24, 2012
RealNetworks Pays $2.4M To End 'Deceptive' Free Trial Suit
RealNetworks Inc. agreed Thursday to pay $2.4 million to settle a suit brought by the state of Washington that alleged the digital media company duped consumers into paying for subscriptions to premium services after they agreed to a free trial.
-
May 24, 2012
High Court Refuses To Expand RESPA In Mortgage Fee Row
The U.S. Supreme Court on Thursday declined to broaden the scope of the Real Estate Settlement Procedures Act to allow a potential class of mortgage borrowers to recover allegedly unearned closing fees that Quicken Loans Inc. collected but didn't share with another party.
-
May 24, 2012
Judge Refuses To Let Insurer Exit FTC Health Marketing Suit
A federal judge on Wednesday declined to dismiss claims made by the U.S. Federal Trade Commission against Guarantee Trust Life Insurance Co. and executives from health care nonprofit Consumer Health Benefits Association for deceptive marketing of a medical discount plan.
-
May 24, 2012
Fast-Food Chains Back Debit Card Fee Rule Challenge
A coalition of national fast-food and convenience store chains including Burger King Corp. and 7-Eleven Inc. on Tuesday threw its support behind retailers challenging the level at which the Federal Reserve has set debit card transaction fees as mandated by the Dodd-Frank Act.
-
May 23, 2012
Australian Parliament Takes Up Privacy Act Reforms
The Australian government on Wednesday unveiled long-anticipated reforms to the country's Privacy Act that would give consumers greater control over their personal information, modernize credit reporting arrangements and strengthen the privacy commissioner's enforcement powers.
-
May 23, 2012
Crate & Barrel Hammers Out Deal Ending ZIP Code Suits
Crate & Barrel has tentatively resolved seven proposed class actions over its collection of customers' ZIP codes and a related coverage dispute with Hartford Fire Insurance Co. in Illinois federal court.
-
May 23, 2012
FCC Considers Beefing Up New Anti-Cramming Rule
The Federal Communications Commission on Wednesday proposed strengthening its recently approved rule to shield consumers from unauthorized third-party charges on landline phones by adding an opt-in mechanism and expanding this rule to cover cellphone and Internet service providers.
Expert Analysis
-
Freeman V. Quicken — A Warning To The CFPB
The U.S. Supreme Court’s unanimous decision in Freeman v. Quicken Loans Inc. marks a defeat for the Consumer Financial Protection Bureau in the interpretation of the Real Estate Settlement Procedures Act, making it clear that the industry can — and should — oppose the CFPB’s efforts to add prohibitions to federal laws that Congress did not provide for in those laws, says Christopher Willis of Ballard Spahr LLP.
-
The Government’s Burgeoning Brady Problem
As the National Security Agency builds a multibillion-dollar structure that will be the epicenter of its efforts to capture, store and review vast amounts of digital data, it would be wise for the government to begin the process of shaping a fair and comprehensive approach to criminal discovery that accounts for the government’s accumulation of ever-increasing amounts of information, says Matthew Umhofer of Skadden Arps Slate Meagher & Flom LLP.
-
Grappling With The Right To Be Forgotten
Individuals who have concerns about their personal privacy would welcome the "right to be forgotten" — one of the most controversial proposals of the EU's new data protection framework — as it affords Internet users greater control over their personal information. Data controllers, however, are more skeptical and have concerns, says Peta-Anne Barrow of Proskauer Rose LLP.
-
Best Practices For Corporate Social Responsibility
As with many industries, the legal services industry has adapted to the demand for sustainability practices. An effective Corporate Social Responsibility program will manifest itself in all strategic planning, from best firm employee practices and environmental sustainability to providing legal services, recruiting and retention of employees, business development, marketing and philanthropy, says Howard Dakoff of Levenfeld Pearlstein LLC.
-
The Problem With 'Access And Accuracy'
There are applications of the White House privacy framework's “access and accuracy” principle that seem to point out some of the imprudence of the suggestion that all data collected about consumers should be subject to consumer access and the right of correction, says John Hutchins of Troutman Sanders LLP.
-
US Companies And Canadian Privacy Law: Beware
U.S. companies that do business across the Canadian border or receive personal information of Canadian citizens in the U.S should be concerned about Canadian privacy laws. Canada’s laws are more far-reaching than their U.S. counterparts, and may apply to non-Canadian entities, say Benjamin Dwyer and Jacob Herstek of Nixon Peabody LLP.
-
En Garde: Prepare Yourself For The CFPB
Although much remains uncertain surrounding the Consumer Financial Protection Bureau, businesses should, at a minimum, have a basic understanding of the CFPB’s authority, what it has already done, and what it sets out to do, say Evangeline Heppenstall and Chad Pinson of Baker Botts LLP.
-
Consumer Class Action Waivers Post-Concepcion
Plaintiffs have attempted to argue that certain state laws that prohibit the enforcement of consumer arbitration agreements are different either substantively or procedurally from the California law preempted in Concepcion. The Ninth Circuit recently issued two opinions that shut the door on these arguments and provide businesses with significant guidance on how broadly they can write and enforce consumer arbitration agreements, says Christopher Ruhland of Dechert LLP.
-
A Look At Recent Developments In Cybersecurity Policy
As cybersecurity issues continue to garner headlines, more than half a dozen bills that attempt to address network security are pending in Congress, and lawmakers increasingly are singling out China as the most threatening state actor. Operators of “critical infrastructure” should be aware of their potential new legal obligations and privileges under the various bills, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
-
Limiting The Application Of The CFAA And EEA
After U.S. v. Nosal and U.S. v. Aleynikov, we can expect that prosecutors at least in the Ninth Circuit may be more conservative in their application of the Computer Fraud and Abuse Act, limiting CFAA prosecutions to hackers, and that courts in the Second Circuit and elsewhere may apply limits to the Economic Espionage Act as well, say Robyn Crowther and Benjamin Au of Caldwell Leslie & Proctor PC.