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Privacy
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May 17, 2013
FBI Wiretap Proposal Raises Cybersecurity Risks, Experts Say
Nearly two dozen computer security experts on Friday criticized an FBI proposal that would force service providers such as Google Inc. and Facebook Inc. to build surveillance backdoors into their products, saying the mandate would open up major security holes that could be exploited by hackers.
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May 17, 2013
T. Boone Pickens Cleared To Sue Son For Tell-All Blog
A Texas state judge on Friday ruled energy magnate T. Boone Pickens can proceed with a defamation and invasion of privacy suit against his son for a tell-all family blog, denying a motion to dismiss the case under a state statute protecting free speech.
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May 17, 2013
MetroPCS Ditches Challenge To FCC Net Neutrality Regs
MetroPCS Communications Inc., which recently merged with T-Mobile USA Inc., has dropped its challenge in the D.C. Circuit to the Federal Communications Commission's net neutrality rules preventing Internet service providers from blocking or discriminating against legitimate websites, T-Mobile confirmed Friday.
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May 17, 2013
Congress Should Lead On Drone Privacy, Lawmakers Told
A panel of privacy experts pushed House lawmakers on Friday to craft legislation to limit the use of domestic drones and other surveillance technology used by the public and private sectors, saying that it would be unwise to wait for the U.S. Supreme Court to set standards.
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May 17, 2013
Papa John's Will Deliver $16.5M To End TCPA Claims
Papa John's International Inc. has agreed to pay $16.5 million to resolve a nationwide class action alleging it advertised pizzas through unwanted text messages in violation of the Telephone Consumer Protection Act, according to a Friday filing in Seattle.
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May 17, 2013
GSA, DOD Solicit Advice On Revamping Cybersecurity
The U.S. General Services Administration and Department of Defense are seeking advice regarding cybersecurity standards involved in government contracts, requesting that vendors weigh in on current measures and the potential pitfalls of implementing new ones as part of a national push to revamp cybersecurity.
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May 17, 2013
House Reps. Push Google To Address Glass Privacy Concerns
Eight members of the Bipartisan Congressional Privacy Caucus on Thursday pressed Google Inc. to detail how its upcoming Google Glass product would collect and store personal information on both users and nonusers, citing concerns over the potential misuse of data covertly gathered by the voice-activated glasses.
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May 17, 2013
Wyndham, Hotel Callers End Suit Over Phone Recordings
A California federal judge on Wednesday signed off on the dismissal of two proposed class actions alleging Wyndham International Inc. illegally recorded phone calls to a toll-free hotel reservation number without telling callers, after the parties had requested that the case be dismissed.
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May 17, 2013
Marketing Calls For Johnny Knoxville Film Draw TCPA Suit
A California man on Thursday brought a putative class action against two film industry-connected research companies for using an automated dialing system to contact him about a screening for a new comedy from actor Johnny Knoxville, in violation of the Telephone Consumer Protection Act.
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May 17, 2013
Drinker Biddle Snags E-Discovery Duo From Williams Mullen
Drinker Biddle & Reath LLP said that it has recently added two former Williams Mullen partners to chair its information governance and electronic discovery practice in Washington, D.C.
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May 17, 2013
UK Watchdog Not Alarmed By E-Commerce Info-Gathering
Online businesses use customer information to shape their pricing and place advertisements, but there is no evidence that consumers are disadvantaged by these policies, a U.K. competition watchdog said in a report released Friday.
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May 16, 2013
Bipartisan Phone Records Bill Unveiled In Wake Of AP Scandal
A bipartisan group of lawmakers in the U.S. House of Representatives introduced a bill Thursday to force federal agencies to go to a judge before seizing telephone records, citing the recent revelations regarding the U.S. Department of Justice’s secret gathering of Associated Press reporters' phone records.
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May 16, 2013
AP Records Seizure Fuels Push To Limit Gov't Snooping
In secretly seizing Associated Press reporters' telephone records as part of its probe into a suspected leak of classified information, the U.S. Department of Justice has sparked a wider debate over the appropriate balance between privacy and security that is likely to inspire companies to push for more stringent surveillance restrictions, according to experts.
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May 16, 2013
Russia Signs On To Multinational Data Protection Pact
Russia on Wednesday became the latest country to sign on to a 32-year-old European regulatory regime meant to safeguard the personal data of individuals, joining more than 40 other countries.
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May 16, 2013
Google Drops Bid For IP Boutique Firm's Personnel File
A Colorado federal judge on Wednesday signed off on Google Inc.’s withdrawal of its move to force intellectual property boutique Sheridan Ross PC to produce the personnel file of a former employee who claims he created two disputed patents, after Google learned it contained no relevant information.
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May 16, 2013
EU Continues Push For More Cybersecurity Protections
A top European Union commissioner on Thursday outlined Europe's plans to fight cybercrime, repeating the bloc's vow to institute new reporting requirements for private companies experiencing threats to their secured networks.
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May 16, 2013
NJ Assembly To Vote On Revised Social Media Privacy Bill
New Jersey lawmakers are moving forward with a measure that Gov. Chris Christie conditionally vetoed earlier this month that aims to prohibit employers from requiring current or prospective employees to disclose their login information for social media sites such as Facebook and Twitter.
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May 16, 2013
Mont. Dems Blast EPA's Release Of Ranchers' Personal Data
Montana Sens. Max Baucus and Jon Tester on Monday chastised the U.S. Environmental Protection Agency after it mistakenly released the personal information of ranchers in 30 states, and urged the agency to launch an investigation into the mishap.
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May 15, 2013
Holder Bashes Lawmakers For Harsh Questioning Of DOJ
U.S. Attorney General Eric H. Holder Jr. on Wednesday admonished House lawmakers including Rep. Darrel Issa, R-Calif., for disrespecting him in their questioning over the government's seizure of Associated Press reporters' telephone records, its decision to not intervene in False Claims Act litigation and other issues.
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May 15, 2013
Obama's 1st Term Rulemaking Rate Soars By Bush's Mark
President Barack Obama has pushed through a significantly higher number of major rules over the last four years than former President George W. Bush did during his own first term, according to a report by the research arm of Congress.
Expert Analysis
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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FCC Ruling Provides TCPA Guidance For Courts
The Federal Communications Commission’s long-anticipated ruling in the Charvat v. Echostar and U.S. v. Dish Network LLP matter is significant because it confirms that companies that do not exercise undue levels of control over their telemarketers or their call centers will not be held liable when those third parties violate the Telephone Consumer Protection Act, say attorneys with Locke Lord LLP.
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Benefits For Cloud Providers Adhering To US-EU Safe Harbor
The U.S. Commerce Department recently concluded that the U.S.-EU Safe Harbor's flexibility can account for any potentially unique data protection issue that may be raised by cloud computing, which suggests the program's ongoing value to U.S.-based enterprises seeking to ensure adequate data protection of personal information processed from the EU, say attorneys with Wilson Sonsini Goodrich & Rosati PC.
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How To Physically Secure Electronic PHI
Increasingly sophisticated threats to information security, new regulatory requirements and ramped-up enforcement of the Health Insurance Portability and Accountability Act are prompting many health care providers and other covered entities to revisit their security policies. As these policies are revisited, physical security should undoubtedly be part of the conversation, say attorneys with Epstein Becker & Green PC.
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E-Discovery In The Cloud: Who Can Get Your Data?
Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
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Cyber Risk Insurance May Cost More Than You Think
With companies and individuals steadily floating toward digital storage, insurers and insureds must note that the potential monetary loss for notifying of a data breach alone can be significant and review several factors that could expose the organization to financial difficulties, say attorneys with Zelle Hofmann Voebel & Mason LLP.
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Managing The Risks And Costs Of Production Of Private Info
While manual redaction of a few hundred or few thousand simple documents may be feasible and cost-effective in some instances, the time and costs involved with attempting redactions on a large scale are prohibitive and often offer little, if any, benefit to the resolution of the legal matter, say Anthony Diana and Therese Craparo of Mayer Brown LLP.
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Cloud Storage Providers May Be Subject To HIPAA
A recently issued rule by the U.S. Department of Health and Human Services may unknowingly create significant liability and legal risk for many technology enterprises. A challenge under this rule is the risk that data storage providers may unknowingly receive protected health information from clients and become subject to penalties and enforcement actions, say attorneys with Wilson Sonsini Goodrich & Rosati PC.
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FTC And SEC Are Schizoid On Social Media
The Federal Trade Commission's recent guidance on digital advertising disclaimers and the U.S. Securities and Exchange Commission's new policy on corporate financial disclosures were presented by the agencies as ways to enable use of social media by corporations — but instead just make things much harder, if not totally impracticable, says Glenn Manishin of Troutman Sanders LLP.
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How To Run Team Meetings In Complex Cases — Part 2
Remember that the structure of a meeting guides the team's conduct. There are three types of alternative meeting structures that can and should be utilized by the litigation team, says David Dolkas of McDermott Will & Emery LLP.