• September 18, 2014

    Apple Won't Unlock iOS 8 Devices For Government Queries

    Apple Inc. said Wednesday that the encryption and passcode settings on its new iOS 8 operating system will prevent it from unlocking customers’ iPhones in response to court orders, even if law enforcement presents it with search warrants. 

  • September 18, 2014

    B&N Turns To Neiman Marcus In PIN Pad Breach Fight

    Barnes & Noble Inc. on Wednesday used the recent dismissal of a class action complaint against Neiman Marcus Inc. in Illinois to attack litigation over a security breach that compromised PIN pad devices in dozens of its stores, arguing that like Neiman Marcus, its customers lack standing to pursue their case against the company.

  • September 18, 2014

    Target Data Breach Ruling May Guide Home Depot Litigation

    A judge will soon decide whether Target Corp. must continue fighting claims that it should be held accountable for costs banks incurred in replacing customer payment cards, a potential $18 billion liability, in a ruling that may guide the courts' handling of other data breach cases including Home Depot's, attorneys say.

  • September 17, 2014

    Home Depot Nailed With 1st Bank Suit Over Data Breach

    The Home Depot Inc. was hit with a proposed class action in Georgia federal court Tuesday, in which First Choice Federal Credit Union claims it suffered losses as a result of the home improvement store’s recent data breach — marking the first such suit brought by a financial institution.

  • September 17, 2014

    Goodwill Malware Affected At Least 2 Others, Vendor Says

    A retail point-of-sale services provider identified as the entry point that hackers exploited to gain access to more than 800,000 payment cards used at Goodwill Industries Inc. locations said Tuesday that the breach of its systems affected at least two other of its customer businesses.

  • September 17, 2014

    IRS’ Lerner Argues Freedom Path's Suit Should Go Nowhere

    Former IRS director Lois Lerner on Tuesday asked a Texas federal court to drop claims she violated conservative organization Freedom Path Inc.’s First and Fifth Amendment rights in her treatment of its tax-exemption application, saying that the court lacked jurisdiction over her and that she's immune from the charges as a federal employee.

  • September 17, 2014

    Moneytree Kept Spam-Texting After Told To Stop, Suit Says

    A woman hit Moneytree Inc. with a proposed class action in California federal court Monday for allegedly violating the Telephone Consumer Protection Act by sending her unsolicited text messages even after she told the payday loan and check cashing company to stop.

  • September 17, 2014

    Lawmakers Probe Security After GAO Report

    Several Republican congressional committee leaders on Wednesday demanded answers from federal health officials about how the personal data captured by is being protected, a day after a U.S. Government Accountability Office report identified several systemic security weaknesses in the Affordable Care Act portal.

  • September 17, 2014

    Sens. Say Chinese Hacks On Transcom Went Undetected

    Chinese-sponsored hackers successfully infiltrated networks and databases of government contractors responsible for U.S. military personnel and weapons transportation at least 20 times in the last year, with many of those attacks going unnoticed, the Senate Armed Services Committee revealed Wednesday.

  • September 17, 2014

    Twitter Targets $5M TCPA Suit, Says Texts Were Solicited

    Twitter Inc. asked a California federal judge on Tuesday to throw out a $5 million proposed class action accusing the social networking service of violating the Telephone Consumer Protection Act by sending unsolicited text messages, arguing the texts weren’t sent unsolicited by automated systems prohibited by the law.

  • September 16, 2014

    Neiman Marcus Skirts Data Breach Class Action

    An Illinois federal judge on Tuesday tossed a proposed class action alleging that Neiman Marcus Group LLC negligently failed to protect 350,000 customers' credit card information prior to a 2013 hack into the high-end department store's servers, ruling the plaintiffs had lacked Article III standing.

  • September 16, 2014

    Yahoo Slams Move To Open Deceased Users' Data Records

    Yahoo Inc. on Monday slammed an inheritance law drafted by the Uniform Law Commission and recently enacted in Delaware that will give heirs sweeping access to a deceased person's digital assets, saying it should be up to Internet users to determine the fate of their electronic records.

  • September 16, 2014

    Yelp Settles FTC Suit Over Collection Of Children's Info

    Yelp Inc. said Tuesday it will pay $450,000 to settle the Federal Trade Commission’s suit alleging it collected personal information from children under 13 without parental consent, in violation of privacy law.

  • September 16, 2014

    NJ Lawmakers Target Spousal Privilege In Criminal Trials

    New Jersey lawmakers introduced two bills Monday to prevent the use of marital privilege to block the admission of wiretapped communications in cases of crime or fraud in a legislative effort to close a legal loophole at the state Supreme Court's suggestion.

  • September 16, 2014

    Canon Settles Employee Background Check Suit

    Canon Solutions America Inc. has agreed to settle a proposed class action brought by a former data entry worker who had accused the company of illegal criminal background check practices, according to a dismissal notice filed in New Jersey federal court Tuesday.

  • September 16, 2014

    NSA Chief Calls For Greater Cybersecurity Collaboration

    National Security Agency director Adm. Michael Rogers on Tuesday called on private industry and Congress to ramp up their efforts to create broad cybersecurity standards, saying public-private partnerships and legislation are necessary to combat the ever-increasing threats on cyber infrastructure.

  • September 16, 2014

    Developers Seek Clarification On HHS Mobile App Regs

    A group of mobile application developers wants the U.S. Department of Health and Human Services to clarify its rules for the collection of data generated by an increasing number of mobile health programs, according to a letter sent Monday by an industry group to Rep. Tom Marino, R-Pa.

  • September 15, 2014

    Use 'Big Data' With Caution, EEOC Counsel Urges Employers

    A U.S. Equal Employment Opportunity Commission official on Monday warned that longstanding employment laws could be easily applied to employers' increasing use of "big data" but that companies could diminish liability risks by keeping detailed records of how they are using data and avoiding social media profiles.

  • September 15, 2014

    Class Certified In Omni Hotels Phone Recording Suit

    A California federal judge has certified a class action accusing Omni Hotels Management Corp. of illegally recording conversations between customers and its employees, ruling the class is ascertainable despite Omni’s failure to preserve call data.

  • September 15, 2014

    ZwillGen Adds Ex-O'Melveny Privacy Atty In San Francisco

    Technology law firm ZwillGen PLLC said Monday it is beefing up its litigation team by adding a privacy expert from O’Melveny & Myers LLP to its San Francisco office.

Expert Analysis

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.

  • Reminders From Italy's Privacy Ruling In Google Case

    Francesca Petronio

    In its recent Google Inc. decision, the Italian Data Privacy Authority highlighted once again that, pursuant to Italian data privacy laws, processing activities of personal data is allowed only if the data subjects receive specific and detailed information regarding the data processing activities and give their express consent to the processing operations, say Francesca Petronio and Marilena Hyeraci of Paul Hastings LLP.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Verizon Settlement Signals FCC’s Growing Privacy Focus

    Mary Ellen Callahan

    Though the Federal Communications Commission has previously pursued customer proprietary network information violations, the size of the recent Verizon Communications Inc. settlement — the largest pure privacy forfeiture in FCC history — combined with an active enforcement trend in the FCC and elsewhere may signal future enforcement activity by the FCC, say attorneys with Jenner & Block LLP.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • Insurers Face Increased Risk Of TCPA Suits

    Lewis S. Wiener

    The issues facing insurers under the Telephone Consumer Protection Act are similar to those facing other industries: consent and the scope of that consent, vicarious liability issues arising from the acts of agents and third-party marketers and large potential exposure due to TCPA statutory damages, say attorneys at Sutherland Asbill & Brennan LLP.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.

  • Mental Health Concerns Give Way To Broader Audit Concerns

    Daniel Chudd

    It remains to be seen whether the Senate bill intended to identify security-cleared personnel who are at risk of becoming unstable will pass and, if so, whether it will be effective. We have our doubts on both points, say Daniel Chudd and Esteban Morin of Jenner & Block LLP.

  • Feds Pose Privacy Risk By Grabbing Overseas ISP Emails

    Jan. P. Levine

    Left unchanged, U.S. District Judge Loretta A. Preska's ruling over the enforcement of a warrant involving private emails held by Microsoft Corp. in an overseas data center creates significant risks for companies subject to U.S. jurisdiction by weakening their ability to protect customer information, say Jan Levine and William Taylor of Pepper Hamilton LLP.