• 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 Scores $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.

  • October 21, 2014

    Papa John’s, AIG Affiliates Settle Text Spam Coverage Suit

    Papa John’s International Inc. on Monday dropped its Sixth Circuit appeal of a decision freeing a pair of American International Group Inc. affiliates from paying defense costs in two class actions accusing the pizza giant of spamming consumers with text messages.

  • October 21, 2014

    IRS Must Screen Agencies Before Sharing Tax Info: Report

    The Internal Revenue Service should ensure that federal taxpayer information that is shared with federal agencies and state and local entities will be protected against unauthorized use and disclosures before it leaves the IRS' hands, according to a report issued Tuesday by a tax watchdog.

  • October 21, 2014

    EU Lawmakers Back Assistant For Privacy Supervisor Spot

    A European parliamentary committee on Tuesday moved the current assistant to the European Data Protection Supervisor a step closer to taking over the top post, recommending him for the position ahead of attorneys from Baker & McKenzie LLP and Kramer Levin Naftalis & Frankel LLP.

  • October 21, 2014

    Chinese Authorities Spy On iCloud Users, Report Says

    Apple Inc.’s iCloud has suffered another intrusion — this time from Chinese authorities, who are staging “man-in-the-middle” attacks on citizens just as the iPhone 6 launches in the country, according to a report Monday from Chinese anti-censorship nonprofit

  • October 21, 2014

    OIG Finds Flaws In FDA's Cybersecurity Protections

    The U.S. Food and Drug Administration’s website recently contained vulnerabilities that could have let hackers hijack systems and precisely target their attacks, according to a report Tuesday from the Office of Inspector General at the U.S. Department of Health and Human Services.

  • October 21, 2014

    Urban Outfitters Asks DC Circ. To Toss ZIP Code Suit

    Urban Outfitters Inc. and Anthropologie Inc. on Friday pressed the D.C. Circuit to toss a proposed class action over the retailers’ practice of collecting ZIP codes from customers, arguing that the plaintiffs can’t show that doing so violates consumer protection laws.

  • October 21, 2014

    Google Can't Hide Behind Stored Communications Act: Court

    The Stored Communications Act doesn't allow service providers to defy civil discovery subpoenas, according to a California appellate court, which ruled Tuesday that Google Inc. must provide emails sought by a ship manufacturer suing a former employee for breach of duty.

  • October 21, 2014

    Apple Rebuts Claims About Spotlight Search Data Collection

    Apple Inc. on Monday shot back at widespread criticism generated by reports that the latest version of its Spotlight search tool automatically sends location data and search queries to Apple and its search partner Microsoft Corp., saying that neither company collects or retains identifying information.

  • October 21, 2014

    Snowden Vetter May Lose $210M Contract After GAO Ruling

    The U.S. Government Accountability Office sided with a bid protester Monday, saying U.S. Investigations Services LLC — which did the background check on National Security Agency leaker Edward Snowden — might not be responsible enough to take on a $210 million immigration support contract awarded by the U.S. Department of Homeland Security.

  • October 21, 2014

    Ropes Reps Berkshire In Deal For Info. Management Co.

    Boston-based private equity firm Berkshire Partners said on Tuesday that it has agreed to acquire data protection and record-keeping service provider Access Information Management for an undisclosed amount in a deal advised on by Ropes & Gray LLP.

  • October 21, 2014

    Staples Probes Potential Credit Card Data Breach

    Staples Inc. said late Monday that it is investigating “a potential issue involving credit card data,” amid reports that the retailer has become the latest company to have its customers' data hacked.

  • October 20, 2014

    Wyndham Execs Escape Derivative Suit Over Cyberattacks

    A New Jersey federal judge on Monday threw out a Wyndham Worldwide Corp. shareholder's derivative action over a series of security breaches, finding no evidence that Wyndham's Kirkland & Ellis LLP attorneys had a conflict of interest when they advised it to reject shareholder demands.

  • October 20, 2014

    CFPB Clears Way For Banks To Post Privacy Notices Online

    The Consumer Financial Protection Bureau on Monday finalized a rule that will allow banks and other financial institutions to skip physically mailing their annual privacy notices if they limit how they share customers’ personal information with third parties and don’t change the terms of their policies.

Expert Analysis

  • 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.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.