• October 24, 2016

    Backpage Lacks Standing For Sex-Trafficking Lawsuit: Judge

    A  D.C. federal judge held Monday that LLC lacks standing to challenge the constitutionality of an act barring the advertising of sex with minors or people being forced into sex, determining that the classifieds website didn’t allege a sufficient injury-in-fact.

  • October 24, 2016

    Rep. Pallone Aide Pushes FCC Privacy Rules As Good Step

    The Federal Communications Commission should move forward with new privacy rules for broadband service providers, an aide to the top Democrat on the House Energy and Commerce Committee said Monday, adding harmonization across regulators would be optimal but the agency must act now.

  • October 24, 2016

    Securus Can’t Escape Prison Callers’ Recording Suit

    A proposed class of callers accusing prison telephone service provider Securus Technologies of recording their calls without permission on Monday escaped a dismissal bid with their claims mostly intact, as a California federal judge refuted the company's arguments that the plaintiffs lacked evidence.

  • October 24, 2016

    AT&T-Time Warner Deal Poses Privacy Threat, Group Says

    AT&T's $85.4 billion cash-and-stock takeover of Time Warner Inc. unveiled over the weekend raises privacy concerns that demand attention from the Federal Communications Commission, according to open-internet advocacy group Public Knowledge.

  • October 24, 2016

    AARP Sues EEOC Over Wellness Program Incentives

    The AARP sued the U.S. Equal Employment Opportunity Commission in D.C. federal court Monday seeking an injunction against its wellness program regulations, saying they violate anti-discrimination provisions by punishing employees who choose to keep confidential health information private.

  • October 24, 2016

    DOT Issues Guidance On Car Cybersecurity

    The U.S. Department of Transportation on Monday unveiled a set of best practices aimed at guarding against malicious hacks and other cybersecurity risks in cars connected to the internet and to other vehicles.

  • October 24, 2016

    Uber Settles FCRA Suit Over Employee Screening Methods

    A New Jersey federal judge on Monday administratively dismissed a putative class action accusing Uber and background check company Hirease Inc. of violating the Fair Credit Reporting Act by conducting unlawful checks, noting that the companies have agreed to settle the suit filed by Uber job applicants.

  • October 24, 2016

    ADT Alarm Hackability Suit Trimmed, Fraud Claim Remains

    A California federal judge on Monday partially dismissed a proposed class action against home security company ADT LLC over its products' alleged susceptibility to hacking, though a claim that the company fraudulently hid from consumers that vulnerability was allowed to continue.

  • October 24, 2016

    CFPB Aims To Help Fintech Shake Up Consumer Finance

    The Consumer Financial Protection Bureau on Monday said that its ongoing financial technology innovation program would look for ways for new market entrants to bring changes to how consumers access their financial data, credit reports are processed, mortgages are serviced and other ways consumers control their finances through technology.

  • October 24, 2016

    Tiversa, LabMD Spar Over Defamation Claims

    LabMD and Tiversa are each fighting a judge's recommendation that a Pennsylvania federal court dismiss most of the lab company’s defamation and fraud suit against the cybersecurity firm, with LabMD railing against the suggestion that only allegations over a pair of purportedly defamatory statements should survive and Tiversa saying some of the statements are true and thus not defamatory.

  • October 24, 2016

    Jones Day Adds Former Staples GC To Boston Privacy Group

    A former Staples associate general counsel joined Jones Day's Boston office on Monday to serve as partner in the cybersecurity, privacy and data protection and government regulation practices. 

  • October 24, 2016

    Wal-Mart Can't Decertify ZIP Code Collection Class Action

    A California federal judge on Monday refused to decertify a class action accusing Wal-Mart of unlawfully collecting shoppers’ ZIP codes, saying the case will answer a common question as to whether the big box retailer requested and required ZIP codes for certain credit card transactions.

  • October 24, 2016

    Researchers Claim No Defamation In St. Jude Security Report

    Investment and medical service researchers fought back on Monday at a defamation suit brought by St. Jude Medical over a report that detailed supposed security weaknesses in the company’s heart-regulating implants and home remote transmitters, telling a Minnesota federal judge the research speaks for itself.

  • October 24, 2016

    Trans Union Can't Decertify Class Labeled Terrorists

    A California federal judge will not decertify a class accusing Trans Union LLC of violating the Fair Credit Reporting Act by not allowing consumers to contest criminal and terrorist alerts on reports sent to landlords, saying Friday the suit’s claims are fully in line with the U.S. Supreme Court’s Spokeo decision.

  • October 21, 2016

    Feds' Cybersecurity Plan Gives Boards, Vendors Bigger Role

    A trio of federal banking regulators recently moved to require that the largest banks and their service providers do more to ensure they can quickly respond to cyberattacks and limit their spread, a shift that would crank up the pressure on boards of directors and third-party vendors to play an active role in dealing with increasingly prevalent cyberthreats.

  • October 21, 2016

    Russian Indicted For Hacking LinkedIn, Dropbox, Others

    A Russian man stands accused of hacking into computers belonging to San Francisco-based tech companies LinkedIn Corp., Dropbox Inc. and Formspring Inc. and stealing information and user credentials, federal prosecutors announced Friday.

  • October 21, 2016

    1st Circ. Clears DOT In Drivers' Privacy Suit Over Safety Data

    The First Circuit on Friday affirmed the dismissal of a privacy suit against the U.S. Department of Transportation brought by a proposed class of professional drivers over the doling out of information to prospective employers about their minor driving infractions, saying the law is mum on disclosing “nonserious” violations.

  • October 21, 2016

    FCC's Privacy Plan Still Too Strict, Broadband Group Says

    Broadband trade group USTelecom is pressing its case for consistent privacy rules across internet sectors as the Federal Communications Commission enters the final stretch before a planned vote on new ISP rules, with the ACLU and other groups also weighing in for and against the proposal.

  • October 21, 2016

    PC Richard Moves To Toss Customers' Receipt Suit

    Appliance and electronics retailer P.C. Richard & Son LLC asked a New York federal court Friday to dismiss a proposed class action accusing it of exposing its customers to identity theft and debit card fraud by printing too much card information on receipts, saying the suit doesn’t sketch out a legitimate legal claim.

  • October 21, 2016

    Fannie Mae Isn’t Shielded By FHFA In Privacy Suit, Court Says

    Fannie Mae can’t dodge a possible fine for allegedly invading the privacy of a proposed class of consumers by improperly acquiring their credit reports just because its assets are controlled by the Federal Housing Finance Agency, a Virginia federal judge said Thursday.

Expert Analysis

  • The Problem With Breachless Cyberinsurance Claims

    Mary E. Borja

    Recently, companies have identified potential security concerns in the marketplace before any type of hack has taken place, leading to an increase in breachless insurance claims. However, the existence of an actual or suspected breach is currently an essential element to trigger coverage, say Mary Borja and Edward Brown at Wiley Rein LLP.

  • Theft Of Genetic Information: A Wrong Without A Remedy

    Franklin Zemel

    In the majority of states, the nonconsensual collection of an individual’s DNA is not illegal — in fact, it is doubtful that even a civil lawsuit could be successfully brought, say Franklin Zemel and Ariel Deray of Arnstein & Lehr LLP.

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • Don't Forget To Consider State Privacy Laws In M&A

    Excerpt from Lexis Practice Advisor
    George H. Wang

    All businesses with a website may be said to have reach into, and presence in, every state. Therefore, due diligence into information management compliance of a U.S. target company requires cognizance of the laws of at least 52 separate jurisdictions, say George Wang and Kenneth Rashbaum of Barton LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Defending TCPA Class Actions In The Wake Of Spokeo

    Perrie Weiner

    While the Spokeo decision is still new, cases like Sartin v. EKF Diagnostics have already illustrated how the decision can be added to a class action defendant’s arsenal of defenses used to put a stop to meritless Telephone Consumer Protection Act lawsuits before they get off of the ground, say attorneys with DLA Piper.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • What To Expect From The Appeal Of FCC's TCPA Order

    Lewis S. Wiener

    The Federal Communications Commission issued a declaratory ruling and order in July 2015, intended to clarify the Telephone Consumer Protection Act, but since then, over a dozen parties have appealed the order. Attorneys from Sutherland Asbill & Brennan LLP explain the key issues that have been brought up at the D.C. Circuit, which will hear oral argument on Wednesday.