• October 31, 2014

    Home Depot Wants Banks', Customers' Breach Suits Joined

    The Home Depot Inc. told a Georgia federal court on Friday that a proposed class action alleging First Choice Federal Credit Union was damaged by the retailer’s recent data breach — the first such suit brought by a financial institution — is related to another class action over the breach and should be consolidated with it.

  • October 31, 2014

    Google Aims To Protect User Data Statistics With New Project

    Google Inc. said Thursday that it is in the process of rolling out a new method for collecting user data that will allow it to learn about software usage and security flaws without exposing users' identities or personal information.

  • October 31, 2014

    CBP Halts Background Checks While Contractors Upgrade IT

    U.S. Customs and Border Protection stopped background checks on all prospective and current employees until its contractors can upgrade their information technology systems to protect employee personal information, the agency has announced in a series of contracting notices.

  • October 31, 2014

    Paul Hastings Nabs Ex-White & Case Privacy, Tech Pro

    Paul Hastings LLP has snagged a former White & Case LLP partner for its corporate practice in London, an addition the firm said will bolster its intellectual property, antitrust, technology and privacy-related practices in the U.K.

  • October 31, 2014

    Gann Says $1M Fee Award In TCPA Settlement Is Too Much

    Legal publisher Gann Law Books Inc. on Thursday asked a New Jersey federal court to nix a $1 million fee award in a $3 million class action over thousands of junk faxes that allegedly violated the Telephone Consumer Protection Act, saying the case wasn’t complicated enough to merit the fee.

  • October 31, 2014

    PSU's Sandusky Inquiry Docs Privileged, Pa. Court Rules

    The Pennsylvania Commonwealth Court ruled on Friday that records regarding an investigation commissioned by the Pennsylvania State University’s board of trustees into the Jerry Sandusky sex abuse scandal are protected by privilege and cannot be released under the state’s Right to Know Law.

  • October 31, 2014

    Google Fined In Canada Over Street View Cleavage Pic

    A Canadian court has ruled that Google Inc. must pay a Montreal woman the equivalent of about $2,000 for violating her privacy by showing a picture of her sitting in front of her house with her cleavage exposed in a Google Street View map.

  • October 31, 2014

    Claims Can Waive Mental Health Docs Privacy: Pa. High Court

    The Pennsylvania Supreme Court ruled Thursday that negligence claims over injuries suffered by a man who was hit by a truck, an incident that was later deemed a suicide attempt by investigators, waives a provision of state law providing confidentiality for documents concerning an individual’s mental health history.

  • October 30, 2014

    Adobe Bid For Extra IP Damages Over Wowza Hack In Doubt

    A California federal judge voiced skepticism Thursday over Adobe Systems Inc.'s request for enhanced damages in a lawsuit accusing Wowza Media Systems LLC of infringing Flash encryption patents, saying Thursday that he didn't think Wowza executives' hacking of Adobe's software was enough to prove willful infringement.

  • October 30, 2014

    FCC Says Solicited Fax Ads Need Opt-Out Notices

    The Federal Communications Commission ruled Thursday that companies must include opt-out instructions on all fax advertisements they send, even those that consumers have agreed to receive, in order to avoid running afoul of an amendment to the Telephone Consumer Protection Act's junk fax prohibitions.

  • October 30, 2014

    CurrentC Says Hackers Poached Users' Email Addresses

    CurrentC, a mobile payment service backed by the retail industry and poised to compete with Apple Pay, confirmed Wednesday that hackers had obtained the email addresses of merchants and individuals who participated in a trial run of the smartphone app.

  • October 30, 2014

    ACLU Blasts Gov't Attempt To Block Docs In Spying Suit

    The American Civil Liberties Union on Wednesday hit back at the federal government’s bid to shield documents in a New York federal suit that may shed light on the controversial National Security Agency bulk telephone data collection program, arguing a recent brief attempted to relitigate issues already decided.

  • October 30, 2014

    Pirate Bay Co-Founder Convicted In CSC Hacking Case

    The co-founder of torrent download website Pirate Bay and a 21-year-old accomplice were reportedly convicted by a Danish court Thursday of illegally hacking into the systems of information technology giant Computer Sciences Corp. and stealing thousands of Danish social security numbers.

  • October 30, 2014

    5th Amendment Shields Smartphone Pass Codes, Judge Says

    A Virginia state circuit court ruled Tuesday that a criminal defendant cannot be compelled to give up his smartphone pass code to authorities, saying that would violate his Fifth Amendment right against self-incrimination.

  • October 30, 2014

    11th Circ. Finds Spam Fax Liability In Reviving TCPA Suit

    The Eleventh Circuit on Thursday revived a putative class action accusing a dental practice of violating the Telephone Consumer Protection Act by sending unwanted faxes, citing the Federal Communications Commission's stance that businesses don't need to physically send faxes to be liable for their transmission.

  • October 30, 2014

    Calif. Court Says Email Ads Didn't Violate Anti-Spam Laws

    A California appeals court on Wednesday affirmed the dismissal of a proposed class action accusing a marketing company of concealing its identity and misrepresenting certain offers through emails purporting to be from companies like Proactiv and Wen Hair Care, finding that the emails weren't likely to fool recipients.

  • October 29, 2014

    FCC Data Security Powers Likely To See FTC-Like Challenges

    The Federal Communications Commission last week added its name to the growing number of regulators intent on bringing enforcement actions over allegedly lax data security practices, but attorneys say the agency's efforts are likely to face corporate challenges similar to the ones plaguing the Federal Trade Commission.

  • October 29, 2014

    Best Buy, Yelp Agree To Alert Web Users Of Data Collection

    A group within the advertising industry’s self-regulatory body said Tuesday that Best Buy Co. Inc., Yelp Inc. and three others had agreed to prominently alert website visitors when third parties are collecting information for behavioral advertising, to resolve the first actions stemming from a recent compliance warning.

  • October 29, 2014

    EXCLUSIVE: SEC Issued Badges Without Security Checks

    The U.S. Securities and Exchange Commission neglected to perform required background checks before giving security keycards to some of its workers and failed to document who received those keycards, according to a previously undisclosed report by the agency’s inspector general.

  • October 29, 2014

    More Cybersecurity Regs Would Hurt Business, SEC Told

    The U.S. Chamber of Commerce on Tuesday urged the U.S. Securities and Exchange Commission not to go overboard on cybersecurity regulations, saying that legislation forcing public companies to disclose cyberattack information would hurt businesses and harm their relationship with the government.

Expert Analysis

  • Congress Must Pass Cyber Legislation Before Next Attack

    Kathleen B. Rice

    Congress' failure to pass information-sharing legislation means companies wanting to share threat information will be hesitant to. Yet, in an environment of growing cyberattacks, that effectively forces companies to seek counsel before sharing timely information, which is neither practical nor good public policy, say a former congresswoman and Senate congressional staffers now at Faegre Baker Daniels LLP.

  • 7 Ways Retailers Can Dodge An ADA Class Action Bullet

    Kimberly Reindl

    Even if the U.S. Department of Justice takes another year to adopt specific rules governing how websites can comply with the Americans with Disabilities Act, the threat of potential class actions against retailers favors advance planning now — the foremost advantage being companies will be better positioned to negotiate a settlement knowing they have a plan and date in place for remediation efforts, say Selena Linde and Kimberly Re... (continued)

  • To Hack Back, Or Not To Hack Back, That Is The Question

    Sarah Pearce

    Impatience toward the U.S. government's response to recent cyberattacks as well as the aggressiveness of security startups toward hackers have led companies to view "hacking back" after falling victim to cyberattacks as a possible response strategy, say attorneys at Edwards Wildman Palmer LLP.

  • Automakers Should Not Be Held Strictly Liable For V2V Hacks

    Todd B. Bernoff

    Strict liability was initially used to spur the auto industry to develop safer vehicles. And it worked. But that incentive is not necessary in the case of hacking vehicle-to-vehicle communication systems, for a number of reasons, says Todd Bernoff of Alston & Bird LLP.

  • FCC's 1st Data Security Action Raises Concerns

    Howard Waltzman

    The Federal Communications Commission's first major case involving data security introduces a potential overlap with the Federal Trade Commission’s jurisdiction — and the risk of dual, and even conflicting, regulation, say Howard Waltzman and Lei Shen of Mayer Brown LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • CFPB Final Privacy Notice Rule Will Hurt Consumers

    Andrew M. Smith

    By crafting a narrowly tailored rule for financial institutions on posting online annual privacy notices and imposing several needlehole requirements, the Consumer Financial Protection Bureau is essentially discouraging companies from adopting a sensible and consumer-friendly alternative, say attorneys at Morrison & Foerster LLP.

  • FCC Is Latest Agency To Enter Cybersecurity Enforcement

    Bruce Olcott

    The Federal Communications Commission's massive $10 million fine against wireless carriers TerraCom Inc. and YourTel America Inc. appears to extend the FCC definitively into the enforcement of cybersecurity, a realm in which it has not previously taken a major role, say attorneys with Jones Day.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • 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.