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