Privacy

  • June 24, 2016

    Urban Outfitters ZIP Code Class Says It Can Pass Spokeo Test

    A putative class of customers urging the D.C. Circuit panel to revive its suit against Urban Outfitters Inc. and Anthropologie Inc. over the collection of customer ZIP codes told the appellate court Friday that its injury claims are concrete enough to withstand the U.S. Supreme Court's recent Spokeo decision.

  • June 24, 2016

    Brexit To Further Splinter Global Data Protection Rules

    The U.K.’s decision to pull out of the European Union is likely to eventually result in the creation of new data protection and transfer agreements that, while similar to the EU’s current regime, will contain deviations that could leave companies to grapple with divergent standards and duplicative enforcement, attorneys say.

  • June 24, 2016

    Consumers Push For $9M Deal In HTC, Samsung Data Suit

    Cellphone owners urged a California federal judge Thursday to grant final approval to a $9 million settlement with Samsung, HTC and other mobile manufacturers that could benefit around 57,000 consumers in multidistrict litigation alleging software employed by the companies illegally collected user data.

  • June 24, 2016

    Chamber Official Urges Quick Action On Privacy Shield

    A U.S. Chamber of Commerce official on Friday asked the European Union’s member states to quickly sign off on the updated version of the so-called Privacy Shield, saying the new framework for trans-Atlantic data transfer is critical for companies on both sides of the pond.

  • June 24, 2016

    Chase Will Pay $3.75M To Settle Wrong Number TCPA Spat

    JPMorgan Chase Bank NA has agreed to pay $3.75 million to resolve a proposed class action in Florida federal court alleging the bank autodialed cellphone numbers that were reassigned from former customers to new users who hadn’t agreed to receive calls, according to a Friday filing.

  • June 24, 2016

    ID Thief Targeted High-Profile Victims, Feds Say

    A Philippines resident is facing federal criminal charges in New Jersey for his alleged role in a large-scale, sophisticated identity theft scheme targeting financial institutions and high-profile account holders, U.S. Attorney Paul J. Fishman announced Friday.

  • June 24, 2016

    IRS Advisory Panel Urges Further Digital Collection Efforts

    An IRS advisory committee has pushed for the agency to increase its efforts to digitize tax returns, arguing in an annual report to Congress that the agency should take steps to establish online taxpayer accounts as it grapples with rising tax identity theft and tight budgets.

  • June 24, 2016

    Ex-Allstate Workers Win $27M Verdict In Defamation Row

    An Illinois federal jury has awarded four former Allstate Insurance Co. employees about $27.1 million in litigation claiming the company defamed them and violated the Fair Credit Reporting Act during an investigation into their division's trading practices that led to their termination, according to Thursday court filings. 

  • June 24, 2016

    CVS' MinuteClinic Wants Out Of Autodialing Class Action

    CVS Pharmacy Inc.’s in-store service MinuteClinic LLC should be dropped from a proposed class action over alleged unsolicited autodialing, the companies argued Thursday, saying an Illinois federal court doesn’t have jurisdiction because the consumer who claims the clinic called him wasn’t in the state at the time.

  • June 23, 2016

    Court Says No Warrant Needed For Home Computer

    In a decision the Electronic Frontier Foundation called “dangerously flawed,” a Virginia federal judge ruled on Thursday that FBI agents do not need a warrant before deploying malware that goes into a computer and takes certain information from it.

  • June 23, 2016

    Monitronics, Honeywell Say Spokeo Voids Autodialing MDL

    Companies including Monitronics and Honeywell, accused in West Virginia multidistrict litigation of violating the Telephone Consumer Protection Act by autodialing consumers to peddle home security devices, contended Thursday that the U.S. Supreme Court’s Spokeo ruling dissolves those claims, while the consumers argued otherwise.

  • June 23, 2016

    Bipartisan House Group Calls For Cooperation On Encryption

    A bipartisan House group weighing the complicated legal and policy issues surrounding encryption noted on Wednesday the need for increased cooperation between law enforcement and the private sector, but seemed to stop short of openly supporting draft legislation to empower the former.

  • June 23, 2016

    Advocates Seek To Address Spokeo In 3rd Circ. Data Row

    An advocacy group requested permission from the Third Circuit on Wednesday to weigh in on how the U.S. Supreme Court's Spokeo decision would effect litigation brought by a proposed class of workers over a Paytime Inc. data breach even though the filing deadline has passed.

  • June 23, 2016

    Privacy Shield Data Pact Coming In July, EU Official Says

    An EU commissioner said Wednesday that the final version of the so-called Privacy Shield, a framework that will impose stronger obligations on digital companies like Google and Facebook to protect Europeans' personal information when transferring data between the United States and European Union, could be ready as early as July.

  • June 23, 2016

    FCC Provides More Time To Weigh In On Privacy Rules

    After receiving over 210,000 comments on a new proposal to regulate how internet providers treat private customer data, the Federal Communications Commission said Wednesday it will extend the deadline for replies.

  • June 23, 2016

    Feds Drop Suit After UBS Produces Singapore Bank Records

    The federal government said Wednesday it has dropped an enforcement action against UBS AG after the Swiss bank agreed to cooperate with an Internal Revenue Service investigation into an American taxpayer allegedly holding funds at the bank overseas.

  • June 23, 2016

    4 Mistakes To Avoid In Privacy Legal Writing

    With a patchwork statutory framework and case law that is far from set in stone, the privacy landscape provides unique challenges for attorneys attempting to convince a court or a regulator that their client's practices are on the up-and-up. Here, seasoned privacy attorneys discuss the top mistakes they encounter in legal writing in their sector.

  • June 22, 2016

    Symantec Ruling Raises Bar For Consumer Fraud Claims

    The Ninth Circuit's recent ruling that a putative class of consumers can't bring fraud claims against Symantec for hiding an anti-virus software defect shows that consumers must prove they relied on specific misrepresentations, attorneys say, solidifying a defense that will help businesses bat down a wide range of false and deceptive advertising claims.

  • June 22, 2016

    Sen. Warren Expresses Support For FCC's Privacy Plan

    Democratic Sen. Elizabeth Warren on Tuesday told the Federal Communications Commission to move forward with its proposal to regulate how broadband internet service providers treat customer data, saying strong rules are needed to protect consumer privacy and prevent low-income individuals from being singled out.

  • June 22, 2016

    Spokeo Nixes Job Seekers' Credit Check Suit, Umpqua Says

    Umpqua Bank asked a federal judge in Washington state on Tuesday to toss a proposed class action accusing the financial holding company of violating federal banking laws by giving job applicants inconspicuous credit check forms, saying the U.S. Supreme Court's precedential Spokeo decision means the suit must be dismissed.

Expert Analysis

  • 8 Critical Lessons From Morgan Stanley Cybersecurity Case

    John Reed Stark

    What is most interesting about the U.S. Securities and Exchange Commission enforcement action against Morgan Stanley for cybersecurity lapses is that Morgan Stanley’s conduct was exemplary — the firm did everything right, says John Reed Stark, former internet enforcement chief at the SEC.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • Home Depot's Credit-Card Antitrust Claims: Privacy Takeaways

    Andrew Phillips

    A recent bombshell lawsuit by Home Depot alleges patterns of antitrust violations, illegal collusion and anti-competitive conduct by the Visa and MasterCard credit card networks. For consumers concerned with payment card security, the suit highlights potential weaknesses in some U.S. payment card technologies, says Andrew Phillips of McGuireWoods LLP.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • Standards For 3rd-Party Liability Diverge Under TCPA

    Lewis S. Wiener

    Two recent cases decided by the Sixth and Seventh Circuits illustrate a potential circuit split regarding third-party fax liability under the Telephone Consumer Protection Act, and the potential disparity between the legal standards applied to telephone calls and faxes, say attorneys with Sutherland Asbill & Brennan LLP.

  • 'Taking My Talents To South Beach': Law Firm Version

    MarkACohen.jpg

    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • More Challenges For Class Plaintiffs After Campbell-Ewald

    David J. Lender

    Six months after the U.S. Supreme Court's decision in Campbell-Ewald v. Gomez, lower courts have been divided on the key legal questions raised in the case. While some courts have refused to dismiss putative class actions, several district courts have reached a different conclusion and chose to deem cases moot, say attorneys at Weil Gotshal & Manges LLP.

  • Insurers, Get Ready For Increased Cybersecurity Scrutiny

    James A. Harvey

    The requirements of the National Association of Insurance Commissioners' proposed data security model law would impose a set of data breach reporting requirements on insurers that is significantly more demanding than existing state and federal laws, say Jim Harvey and Bruce Sarkisian at Alston & Bird LLP.

  • One Month Later: Reflections On The Impact Of Spokeo

    Brandon N. Robinson

    Rather than busting open or shutting closed the door to privacy-related actions under the Fair Credit Reporting Act, the U.S. Supreme Court's opinion in Spokeo v. Robins struck a more nuanced approach, tightening up standing requirements to more clearly filter out frivolous lawsuits, while preserving Congress’ flexibility to address serious information-related harms in the future, say Brandon Robinson and Gregory Cook at Balch & Bingham LLP.

  • White House Privacy Rules For Health Initiative Lack Specifics

    Lisa M. Dwyer

    The guidance offered in the data security framework for the White House's Precision Medicine Initiative remains too broad to offer much practical utility for different health care organizations with different needs. Although “wiggle room” is important in order for participants to adapt, they are likely to be frustrated by the lack of concrete rules, say attorneys at King & Spalding LLP.