• May 2, 2016

    FBI Agent’s Suit Over Secret Bathroom Videos Nixed, For Now

    A California federal judge on Monday dismissed an FBI agent's suit accusing the city and county of San Diego of not preventing a federal border officer from secretly recording her and other women in a bathroom at a border patrol station, but allowed her to file an amended complaint.

  • May 2, 2016

    Twitter's DOJ Free-Speech Suit Axed, But Door's Open For Fix

    A California federal judge on Monday dismissed Twitter’s claims that the U.S. Department of Justice violated its First Amendment right by prohibiting the release of a government surveillance report, finding that the social media giant failed to challenge the report’s classified status, though she granted leave to amend.

  • May 2, 2016

    Hulk Hogan's New Sex Tape Suit Targets Extortion Plot

    Wrestling legend Hulk Hogan on Monday filed another Florida state sex-tape lawsuit against Gawker Media LLC on the heels of his $140 million trial win against the website, this time alleging Gawker intentionally ruined his career and claiming a slew of new defendants conspired to extort him.

  • May 2, 2016

    9th Circ. Told Apple Must Face Claim It Intercepted Texts

    A lower court was wrong to toss a proposed class action alleging Apple Inc. intercepted and stored text messages, iPhone consumers told the Ninth Circuit on Friday, arguing that Apple intercepted the messages while they were being transmitted and it is possible to determine consumers who were affected.

  • May 2, 2016

    Sen. Wants FTC Probe Of Shopper-Tracking Billboards

    Sen. Chuck Schumer pressed the U.S. Federal Trade Commission Sunday to look into the use of cellphone-tracking billboard technology that he warned could allow companies to spy on consumers without proper notice, potentially amounting to a deceptive trade practice.

  • May 2, 2016

    FCC Official Says Privacy Plan Won’t Stifle ISP Marketing

    A Federal Communications Commission official on Monday slammed industry claims that new opt-in requirements for Internet service providers sharing consumer data would prevent ISPs from marketing new products, arguing the agency's privacy proposal simply creates a regime based on customer control.

  • May 2, 2016

    Surveillance Court OK'd Every Spy Request Last Year

    The Foreign Intelligence Surveillance Court signed off on every government request for electronic spying submitted in 2015, a pattern effectively unchanged from the previous year, according to a U.S. Department of Justice memo last week.

  • May 2, 2016

    Ashley Madison Users Blocked From Citing Leaked Docs

    A Missouri federal judge concluded Friday that allowing Ashley Madison users to reference documents stolen and made public by hackers in July in their consolidated complaint posed a threat to the integrity of the multidistrict litigation and granted the company’s request for a protective order.

  • April 29, 2016

    1st Circ. Revives USA Today App User's Privacy Class Action

    The First Circuit on Friday revived a USA Today smartphone app user’s putative class action alleging the paper’s parent Gannett illegally collected his browsing data to sell to advertisers, ruling the app user, unlike a website user, is a “subscriber” protected by federal privacy law.

  • April 29, 2016

    House Forms Bipartisan Caucus To Target Car Hacking Threat

    Four U.S. House lawmakers on Thursday launched a bipartisan caucus dedicated to tackling safety considerations and security concerns tied to the rise of connected and self-driving vehicles, which have been pegged as being particularly susceptible to hackers.

  • April 29, 2016

    Treasury Fights Bankers' Challenge To Info-Sharing Law

    The U.S. government is fighting a bid by Florida and Texas banking associations to revive their challenge of an Internal Revenue Service rule requiring disclosures of accounts held by foreigners, telling the U.S. Supreme Court the D.C. Circuit correctly ruled the Anti-Injunction Act bars the suit.

  • April 29, 2016

    Sedgwick Partner Can’t Dodge Suit Over Roadside Brawl

    A Sedgwick LLP partner must face defamation and other claims lodged by a neighbor following a roadside fight the attorney captured on his cellphone, a California appeals court has held, saying the anti-SLAPP statute doesn’t extend to disputes between private persons.

  • April 29, 2016

    LabMD's Data Leak Fraud Claims Far Too Old, Tiversa Says

    Tiversa on Friday stepped up its bid to nix hacking and fraud claims lobbed by LabMD in Pennsylvania federal court, arguing that despite the lab's assertion that Tiversa lied to the Federal Trade Commission, LabMD has known about the alleged misconduct since at least 2010.

  • April 29, 2016

    Tampa Bay Buccaneers Ask FCC For Break On Fax Rules

    The Tampa Bay Buccaneers urged the Federal Communications Commission on Thursday to grant the Florida football team a waiver on the agency’s fax rules for advertising on tickets allegedly sent without the proper permissions and opt-outs, noting that the FCC has already granted the same relief to 130 other companies.

  • April 29, 2016

    6 Ways To Be A Go-To Firm For HIPAA Compliance

    Surging penalties and looming audits mean business is booming for attorneys specializing in the Health Insurance Portability and Accountability Act, but firms need to elevate their profiles and cultivate wide-ranging expertise to fully capitalize on the opportunity. Here, top privacy pros share tips on becoming a go-to firm for HIPAA compliance.

  • April 29, 2016

    Fla. Resort, Foreclosure Co. Hit With Debt Collection Suit

    A Florida resort and a law firm’s foreclosure services business sent collection notices that listed personal information about other alleged debtors, in violation of debt collection laws, according to a proposed class action filed Wednesday in a Florida federal court.

  • April 28, 2016

    High Court OKs Rule Change Expanding FBI Hacking Powers

    The U.S. Supreme Court on Thursday approved a rule change that would allow judges to issue FBI warrants to access computers located outside their districts, despite opposition from critics including Google Inc. that claim it would expand the government’s hacking and surveillance powers.

  • April 28, 2016

    Amazon's Liability For In-App Buys Weighs In FTC's Favor

    A federal judge on Tuesday sided with the Federal Trade Commission in finding Amazon liable for charging many customers for unauthorized in-app purchases made by their children, providing a significant boost to the commission's ability to police data collection and privacy practices that it deems to be unfair.

  • April 28, 2016

    Payment Card Security Standards Body Updates Rules

    The body that sets payment card security standards released updates to its rules Thursday that would require card administrators to use more than just a password to identify themselves when accessing sensitive cardholder data, whether or not they are working remotely.

  • April 28, 2016

    Google Seeks To Break Up College Email Scanning Case

    Google argued Tuesday that college students and others improperly banded together in a suit to accuse the company of unlawfully scanning their emails for advertising purposes and proposed that a California federal court dismiss almost the entire case and require hundreds of plaintiffs to pursue individual actions.

Expert Analysis

  • 3 Ways Cybersecurity Law In China Is About To Change

    Timothy Stratford

    China’s draft cybersecurity law — which the government is aiming to enact later this year — could have long-lasting impacts on multinationals in the areas of data localization, cross-border data transfer, and security reviews of network products and services, say Timothy Stratford and Yan Luo of Covington & Burling LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • The Changing Landscape Of Health Care Data Breaches

    Lynn Sessions

    Although employee action or mistake continues to be a leading cause of health care data breaches, health care is being affected by phishing, hacking and malware attacks just like any other industry. Experience shows that health care may even be targeted more and more for these cyberattacks, says Lynn Sessions of BakerHostetler.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Developments At The NAIC Spring Meeting: Part 1

    Thomas M. Kelly

    This three-part series from attorneys at Debevoise & Plimpton LLP highlights some of the developments from the National Association of Insurance Commissioners' spring meeting that are of particular interest to the insurance industry. In this part, we take a look at life insurer, property/casualty insurer, captive reinsurance and cybersecurity developments.

  • Monitoring Employee Communications: A Brave New World

    Karla Grossenbacher

    Most employers are comfortable with the notion that, with a properly worded policy, they can access employee emails on a company-provided email server. However, what about situations where employees use web-based email, like Gmail or Hotmail, to communicate in the workplace? Using several recent cases as examples, Karla Grossenbacher at Seyfarth Shaw LLP examines an employer’s rights to access and review such communications.

  • Dentons: A New Kind Of Network?


    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Avoiding The Risk Of Cybersecurity Whistleblowers

    Renee Phillips

    With regulators hungry to identify and investigate potential cybersecurity issues, whistleblowers provide a fertile opportunity to get the inside perspective with little to no resource investment. The Tiversa case brings into sharp focus the potential impact that cyber whistleblowers can have, and how organizations can mitigate that risk, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Attorney-Client Privilege And A Law Firm Leak

    George M. Clarke

    Whenever attorney files are leaked, innocent clients — as well as those who may have been seeking to cover up wrongdoing — face the potential of their personal information and confidential files being reviewed by reporters, members of the public and government investigators. Recent reports of a massive leak of documents that appear to have been stolen from a non-U.S. law firm raise the question of whether U.S. government investigat... (continued)

  • In Congress: Trade, Privacy, Fiscal Year 2017


    Before both chambers adjourn at the end of this week, the Senate will continue working its way through fiscal year 2017 appropriations bills, with final consideration of the Energy and Water bill expected Tuesday. The House will tackle a number of legislative items, including several related to trade and business practices. Richard Hertling and Kaitlyn McClure of Covington & Burling LLP share the weekly congressional snapshot.