• October 24, 2014

    NJ Lawmakers Advance Bill Expanding Data Breach Mandates

    A New Jersey Assembly panel on Thursday cleared a bill expanding the types of data breaches that companies are required to disclose to consumers, one of the latest efforts by legislators to regulate the oversight of consumer information in the wake of recent massive data breaches.

  • October 24, 2014

    Wilson Sonsini Adds Ex-FTC Atty To Privacy Practice

    Wilson Sonsini Goodrich & Rosati PC has strengthened its privacy and data protection practice by adding a former Federal Trade Commission attorney who brings expertise investigating unfair and deceptive practices in the privacy field.

  • October 24, 2014

    Texas Justices Won't OK Comptroller Depo Over Data Breach

    The Supreme Court of Texas on Friday said it would not revisit a lower appellate court’s decision to block a civil rights advocacy group from taking a deposition from the state comptroller about a 2010 online data breach that published personal information about millions of Texans.

  • October 24, 2014

    FTC Says Vehicle-To-Vehicle Tech Meets Privacy Standards

    The Federal Trade Commission on Friday said it supports the National Highway Traffic Safety Administration’s proposed regulations for vehicle-to-vehicle communications technology, commending the agency for addressing privacy and security concerns by designing a system that only collects and stores data that serves safety purposes.

  • October 24, 2014

    FCC Wades Into Data Security With $10M Privacy Breach Fine

    The Federal Communications Commission jumped into the field of data security regulation for the first time Friday, hitting a pair of telecommunications companies with a $10 million fine for allegedly failing to adequately safeguard customers' sensitive personal information. 

  • October 24, 2014

    Insurer Wants Gawker Hulk Hogan Sex Tape Feud Trashed

    Nautilus Insurance Co. asked a New York federal judge to call the match early on Thursday in its dispute with Gawker Media LLC over a lawsuit involving the release of a sex tape featuring Hulk Hogan, arguing the claims fall outside the scope of coverage Gawker’s policy provides.

  • October 23, 2014

    Senator Questions Whisper's Location Data, Privacy Policies

    Sen. Jay Rockefeller, D-W.Va., on Thursday called on anonymous secret-sharing app Whisper to provide him with more information about its location tracking and data-sharing practices, after a report accused the company of surreptitiously collecting location information and colluding with media organizations.

  • October 23, 2014

    College Student Gets 2 Years For Hacking Navy, Others

    An Illinois college student was sentenced Wednesday to 24 months in federal prison for hacking into more than 50 public and private organizations, including the U.S. Navy, Kawasaki Motors Corp. and Harvard University, according to a U.S. attorney’s office.

  • October 23, 2014

    Auto Groups Tackling Privacy Standard For Car-Collected Data

    A pair of leading automotive trade associations recently told federal regulators that they are working on developing uniform privacy principles and a cyberthreat information-sharing alliance to help safeguard the sensitive data that cars collect and are increasingly transmitting to other connected vehicles.

  • October 23, 2014

    9th Circ. Urged To Deny Allstate’s Bid To Toss TCPA Suit

    A consumer is pushing the Ninth Circuit to uphold a lower court’s refusal to dismiss a class action alleging Allstate Insurance Co. violated the Telephone Consumer Protection Act by robocalling cellphones without consent, saying two previous rulings by the court favor the plaintiff.

  • October 23, 2014

    7th Circ. Won't Resurrect Redbox Video Privacy Class Action

    The Seventh Circuit on Thursday refused to revive a proposed class action accusing Redbox Automated Retail LLC of illegally disclosing consumers' personally identifiable information to a customer service contractor, ruling the data sharing was necessary for the contractor to perform its duties.

  • October 23, 2014

    IRS Must Better Guard ACA Exchange Info, Watchdog Says

    Federal tax information for health insurance applicants that the IRS discloses to Affordable Care Act exchanges needs to be better protected, a U.S. Department of the Treasury watchdog said in a report made public Thursday.

  • October 22, 2014

    Justices Poised To Set Line For Police On Data Searches

    The U.S. Supreme Court on Monday agreed to take up a challenge to a Los Angeles law allowing warrantless searches of hotel registries, paving the way for the justices to draw a clear line regarding when and how law enforcement needs court involvement to gain access to data held by hotels, technology companies and others.

  • October 22, 2014

    Giving Number To Airline Isn't TCPA Consent, 9th Circ. Told

    A consumer has urged the Ninth Circuit to revive her proposed class action claiming a travel technology contractor violated the Telephone Consumer Protection Act by text-spamming her, saying the lower court incorrectly determined she had given express consent by providing her number when booking a flight.

  • October 22, 2014

    Conn. AG To Query Staples Over Possible Data Breach

    At least one state has already reached out to Staples Inc. about a possible intrusion into customers' credit card information as Connecticut's attorney general, already assisting in a multistate probe of The Home Depot Inc., said on Wednesday that it will be taking a look at this latest potential breach.

  • October 22, 2014

    Lawsky Wants Banks To Share Details On 3rd-Party Security

    New York’s superintendent of financial services on Tuesday pushed dozens of banks to detail how data they share with third-party service providers such as law firms and accounting firms is being safeguarded, in the wake of high-profile security breaches at institutions such as JPMorgan Chase & Co.

  • October 22, 2014

    Target Says Banks Can't Go After It For Data Breach Losses

    Target Corp. on Wednesday doubled down on its bid to dismiss banks and credit unions' legal claims over last year's massive data breach at the retail chain, arguing its handling of customer payment card data didn't establish a relationship with financial institutions that would allow them to recover their losses.

  • October 22, 2014

    FTC Wins $10M Settlement From Alleged Spam Text Schemers

    Three groups of Internet marketing and advertising companies have agreed to a $10 million settlement with the Federal Trade Commission over claims they sent unsolicited text messages seeking to persuade millions of consumers to share private information through phony free gift card offers, the agency said Wednesday.

  • October 22, 2014

    Obama Order Pressures Retailers To Adopt 'Chip And PIN'

    U.S. retailers are under more pressure to update payment systems that accept "chip and PIN" cards after President Barack Obama signed an order making the technology the norm for the federal government, but attorneys say moving to the technology won't shield merchants from all future threats to customer data.

  • October 21, 2014

    Walgreen Can't Nix OTC Drug Privacy Claims In Meth Row

    A Louisiana federal judge on Tuesday refused to dismiss Walgreen Louisiana Co. Inc. and others from a suit alleging they violated the privacy rights of two individuals convicted of trying to make methamphetamine when authorities used a database to track their purchases of over-the-counter cold medicines.

Expert Analysis

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • New Calif. Data Breach Rules Bring Obligations And Debate

    Ellen Giblin

    The new law regarding the California breach notification requirement related to identity theft prevention and mitigation services has already spurred debate on two issues, say attorneys with Edwards Wildman Palmer LLC.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • International Standard Could Reshape Cloud Privacy

    Lindsey Tonsager

    Because the International Standards Organization and the International Electrotechnical Commission's new voluntary standard is the first international standard to focus on privacy in the cloud and provides an auditable policy framework for privacy compliance, it could significantly shape cloud services around the globe, says Lindsey Tonsager of Covington & Burling LLP.

  • DOJ Puts Cybersecurity Info-Sharing Policy Into Practice

    Anne Rodgers

    In response to a business review request, the U.S. Department of Justice recently announced that it will not challenge a proposed cyberintelligence data-sharing platform. The analysis offers further guidance into the DOJ’s future enforcement of the antitrust laws in the cyber information-sharing arena. And it could not be more timely, say attorneys with Norton Rose Fulbright.

  • 5 Takeaways From The New Cybersecurity Executive Order

    Lisa Ledbetter

    President Obama signed an executive order on Friday that requires federal agencies to apply enhanced security features to government payment cards. The administration views chip-and-PIN technology as a significant step forward, but such technology does not provide protection in online, mail and telephone order purchases, and does not eliminate the risk of a security breach, say attorneys with Jones Day.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Culling Consent From 11th Circ. TCPA Case

    David N. Anthony

    After the Eleventh Circuit's opinion in Mais v. Gulf Coast Collection Bureau Inc., businesses can rely on Federal Communications Commission rulings on debt collection as guidance on how to obtain consent for automatic telephone dialing systems, say attorneys at Troutman Sanders LLP.

  • Inside Delaware's New Laws On Destroying Consumer Info

    Sharon Klein

    When companies that conduct business in Delaware make their 2015 New Year’s resolutions, they should be sure to add compliance with two new laws that create potential liability for companies that fail to properly destroy records or documents that contain personal identifying information, say Sharon Klein and Stephen Jenkins of Pepper Hamilton LLP.

  • 5 Essential Legal Considerations For Cos. Developing Apps

    Armand Zottola

    App development can bring great opportunity, visibility and income to a company. But there are some pronounced or unique intellectual property, ownership, privacy, data security and advertising considerations that a company should keep in mind, say Armand Zottola and Morgan Brubaker of Venable LLP.