• February 27, 2015

    FTC To Face Grilling By 3rd Circ. Over Data Security Powers

    The scope of the Federal Trade Commission's authority will take center stage at the Third Circuit on Tuesday, with questions posed by the appellate panel in advance of the arguments indicating that the regulator faces an uphill battle to fend off Wyndham Worldwide Corp.'s claims that the agency doesn't have the power to regulate companies' cybersecurity practices.

  • February 27, 2015

    Uber Reveals Breach Of 50K Drivers' Data

    Uber Technologies Inc. revealed on Friday that it discovered a data breach last September in which an unauthorized third party accessed a database containing names and driver’s license numbers for 50,000 current and former drivers for the ride-hailing company.

  • February 27, 2015

    White House Unveils Consumer Privacy Bill Of Rights

    The White House on Friday proposed a bill following through on President Barack Obama’s two-year-old commitment to put forward legislation setting in place a consumer privacy bill of rights.

  • February 27, 2015

    Bank Regulators Watching NY's Money Laundering Crackdown

    A coming New York state proposal to require top bank executives to personally attest to the quality of their institutions’ anti-money-laundering policies represents a major escalation of pressure on firms to prevent financial crimes that will be closely watched by other regulators, experts say.

  • February 27, 2015

    China Connected To Anthem Data Breach, Report Says

    The Chinese government appears to have played a role in supporting a massive data breach that targeted Anthem Inc., the nation’s second-largest health insurer, according to a report issued Friday by a cybersecurity firm.

  • February 27, 2015

    House Reps. Propose Bill On Overseas Data Storage

    A bipartisan pair of lawmakers in the U.S. House of Representatives introduced legislation Friday to limit law enforcement's access to electronic data stored overseas, following the same bill being introduced in the Senate two weeks ago.

  • February 27, 2015

    LA Tells High Court To Reinstate Hotel Search Law

    The city of Los Angeles has urged the U.S. Supreme Court to overturn a Ninth Circuit ruling striking down a city law allowing warrantless searches of hotel registries, arguing that the law is necessary to prevent crime and hotel registries aren’t protected from police inspection.

  • February 26, 2015

    FTC Pushed To Probe Samsung Over Smart TV Data Collection

    A consumer privacy group is urging the Federal Trade Commission to investigate Samsung Electronics Co. Ltd.'s alleged interception of individuals' private communications through their smart television sets, saying disclosures made in the company's privacy policy are insufficient to warrant the purported surveillance.

  • February 26, 2015

    Courtney Love's Fame Can't Save Her From Defamation Suit

    A California appeals court on Thursday refused to let Courtney Love avoid the latest suit attacking her allegedly defamatory Twitter posts, ruling in part that Love was not as famous as Marlon Brando, whose celebrity helped a TV show avoid a defamation suit in 2007.

  • February 26, 2015

    Group Targets DHS' Criminal Screening Program In FOIA Suit

    The Electronic Privacy Information Center asked a D.C. federal court on Thursday to order the U.S. Department of Homeland Security to release documents the organization had requested under the Freedom of Information Act related to the agency’s Future Attributes Screening Technology program.

  • February 26, 2015

    German Watchdog Threatens Facebook Over Terms Of Service

    A German consumer protection watchdog said on Thursday that it had fired a warning shot at Facebook Inc., telling the social media behemoth that it will face a lawsuit if the company doesn’t change its terms of service to comply with German law.

  • February 26, 2015

    Hulu Viewers' Privacy Class Action In Doubt, Judge Says

    A California federal judge said Thursday that she would likely grant Hulu LLC the win in a proposed class action accusing the company of violating the Video Privacy Protection Act by revealing users' viewing habits, saying the plaintiffs lack evidence of a clear disclosure under the law.

  • February 26, 2015

    Patent Practitioners Need Privilege Protections, USPTO Told

    The Intellectual Property Owners Association on Wednesday told the U.S. Patent and Trademark Office that the same protections that apply to attorney-client privilege should apply to confidential communications between licensed patent practitioners and their clients.

  • February 26, 2015

    Calif. Privacy Bills Would Halt Car-Data Hacks, Spying TVs

    Two California state lawmakers announced a bipartisan package of legislation featuring a slew of measures that would ban drones over school grounds and combat car-data hacking on Thursday, a day after a new California State Assembly committee on privacy and consumer protection held its first hearing.

  • February 26, 2015

    FTC Sees Privacy As Growing Issue In Merger Reviews

    Merger reviews at the Federal Trade Commission could expand to include privacy issues as consumer protections become another way for companies to compete with one another, the head of the watchdog's antitrust unit said Thursday. 

  • February 26, 2015

    Target Loses Bid To Claw Back Docs In Data Breach MDL

    A Minnesota federal judge on Wednesday rejected Target Corp.’s request to claw back nearly 40,000 privileged documents it says were produced to the court inadvertently in sprawling multidistrict litigation over its notorious 2013 holiday data breach, saying the clawback would place an “unnecessary burden” on the plaintiffs.

  • February 26, 2015

    Quicken Loans Can't Unplug TCPA Class Action

    A Florida federal judge on Wednesday nixed Quicken Loans Inc.’s attempt to duck a proposed Telephone Consumer Protection Act class action accusing it of using contact information bought from a credit reporting bureau to call consumers’ cellphones, saying the plaintiff sufficiently alleged the calls were autodialed.

  • February 26, 2015

    Life Time Fitness To Pay Up To $15M To End TCPA Suit

    Life Time Fitness Inc. has agreed to pay up to $15 million to end consolidated Telephone Consumer Protection Act lawsuits accusing the company of sending unsolicited marketing text messages en masse to its customers, according to an unopposed motion filed in federal court on Wednesday.

  • February 25, 2015

    DOJ Counters Google's Opposition To Search Warrant Change

    The U.S. Department of Justice on Tuesday defended its push to amend procedural rules to allow courts to issue search warrants for access to electronic data located outside their jurisdiction, saying that widespread opposition to the change voiced by Google Inc., the Pennsylvania Bar Association and others was misguided.

  • February 25, 2015

    New Army Rule Exempts Records From Privacy Requirements

    The U.S. Army said in a final rule Wednesday that it is reinstating accidentally deleted portions of the Army Privacy Program Regulation and adding rules that will permit the Army to exempt records from certain requirements under the Privacy Act of 1974.

Expert Analysis

  • Lawsky Speech Portends Strict NY Cybersecurity Standards

    Alexander H. Southwell

    In a Feb. 25 speech, Superintendent Benjamin Lawsky of the New York Department of Financial Services advanced his view that states can play a “catalytic” role in raising cybersecurity practices, and he appears to be seeking regulation that could require third-party vendors in sectors far from the regulatory purview of the DFS — including law firms — to effectively comply with stringent cybersecurity requirements, say attorneys with... (continued)

  • 11th Circ. Widens Split Over Class Action 'Pick Offs'

    Josh Jubelirer

    After Stein v. Buccaneers Limited Partnership, the Eleventh Circuit is squarely at odds with the Seventh Circuit over whether unaccepted offers of judgment moot putative class actions if made before the motion to certify the class has been filed. Stein further emphasizes the circuit split on this issue, making it ripe for consideration by the U.S. Supreme Court, say Josh Jubelirer and Jason Stiehl of Seyfarth Shaw LLP.

  • St. Joseph Demonstrates Challenges For Breach Plaintiffs

    Doug Meal

    A Texas federal court's recent decision in Beverly T. Peters v. St. Joseph Services Corp. highlights the emerging majority view in data security breach cases that the mere heightened risk of future misuse of stolen data is too speculative to create standing for the purposes of Article III, say attorneys with Ropes & Gray LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • Data Collection Rule Repeal Will Help NJ Businesses

    Kendall L. Houghton

    Stemming from the Third Circuit's ruling in New Jersey Retail Merchants Association v. Sidamon-Eristoff, New Jersey’s amendment to remove data collection requirements provides relief not only for stored value card issuers but for all players in the SVC industry, including retailers and restaurants, say attorneys at Alston & Bird LLP.

  • How Financial Firms Can Meet Cybersecurity Expectations

    Jorge Rey

    Now that both the Financial Industry Regulatory Authority and the U.S. Securities and Exchange Commission have released their cybersecurity reports, the agencies will likely take enforcement actions against firms that suffer data breaches. While there is no one-size-fits-all approach, FINRA’s report offers a comprehensive approach to cybersecurity that broker-dealers should consider, say Bao Nguyen and Jorge Rey of Kaufman Rossin PA.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Cyberthreat Spawns New Era Of Public-Private Collaboration

    Judith Germano

    The government and private sector already are innovating in the forms of collaboration necessary to address the cybersecurity threat. The challenge moving forward will be to institutionalize and expand these means of working together, says Judith Germano, a professor at NYU School of Law.

  • The (Private) Key To Unlocking Bitcoin Legal Issues

    Nicholas Galunic

    Lawyers, regulators and experts should be aware that, despite recent bad publicity, some form of cryptocurrency is likely here to stay. That said, if there is one thing to understand about this new economy, it is the "private key," because bitcoin is the most secure money in the world if users can keep their private keys secure, says economist Nicholas Galunic of ARPC.

  • Recasting Claims Under CGL Policies Is Rough In 5th Circ.

    Jon T. Neumann

    The Fifth Circuit’s rejection of the Gum Tree defendants’ argument in Nationwide Mutual Insurance Company v. Gum Tree Property Management LLC that misappropriation of a business’ proprietary information is akin to violation of a “person’s” privacy rights under a general commercial liability policy has immediate significance for policyholders who may face claims for misappropriation of trade secrets from business competitors, say Jo... (continued)