Lavabit LLC on Friday pushed the Fourth Circuit to reject the government's argument that the secure email provider has an obligation to turn over its private encryption key, saying such a holding would unlawfully transform companies into “junior surveillance adjuncts.”
Twitter Inc. and Path Inc. last week jumped into a text-spamming class action against the Los Angeles Lakers in the Ninth Circuit, strengthening a long-running crusade to limit the expansive reach and opportunistic use of the Telephone Consumer Protection Act.
A woman who says her photo was used to make fake profiles on IAC/Interactive Corp.-owned dating sites, including Match.com, filed a $1.5 billion putative class action Thursday seeking to force the sites to use facial recognition technology to protect customers from fraudulent profiles.
Sen. Charles E. Schumer, D-N.Y., unveiled a new bill Monday that would stiffen penalties for telemarketing companies that harass consumers with unwanted robocalls, saying current laws have failed to stem a rising tide of nuisance calls.
Luxury hotel company Capella Hotel Group LLC asked a California federal judge Friday to toss a proposed class action that alleges it violated California privacy law by illegally recording customer service telephone calls, saying that applying California's privacy laws to interstate calls violates the Constitution's Commerce Clause.
New York state Democrats readied legislation Monday to force the New York City police to disclose details of officers' relationships with city retailers, a move that comes amid growing concerns about retailers' “shop and frisk” profiling of minorities, a city investigation and class actions.
LabMD Inc. recently argued that the Federal Trade Commission's data breach claims against it are already covered by a federal health privacy law, a potentially potent defense that attorneys say offers the company — and by extension the industry — its best chance to limit the regulator’s authority over data security.
Trenton, N.J., Mayor Tony Mack lost a bid to suppress wiretap evidence on Thursday, after a judge in the mayor's federal corruption case ruled that investigators had ample suspicion of wrongdoing to warrant their surveillance.
A California-based mobile application developer agreed last week to beef up its privacy disclosures and stop collecting personal information about users under 13 to settle a complaint with the New Jersey attorney general’s office, which accused the company of violating child online privacy laws.
The retailer Hobby Lobby Stores Inc. was hit with a putative class action lawsuit in Pennsylvania federal court on Thursday alleging its point-of-sale machines were not accessible to blind people, requiring those customers to divulge their PIN codes to complete a purchase.
The Tampa Bay Buccaneers were recently hit in Florida federal court with a putative class action for allegedly sending fax blasts in bulk in an effort to market tickets to football games, just weeks after getting a similar case dismissed.
The editor and publisher of New Jersey's largest newspaper sued a business owner in New Jersey federal court Tuesday, accusing him of linking web domains bearing their names to pornography in retaliation for publishing negative articles about his business practices in a consumer protection column.
Social networking services Twitter Inc. and Path Inc. urged the Ninth Circuit on Friday to uphold the dismissal of a text-spamming class action against Los Angeles Lakers Inc., saying the Telephone Consumer Protection Act is increasingly being wielded as “an extortionist club.”
Retailers like Macy's Inc. have teamed with specialty law firms to rake in millions of dollars by pressuring shoppers into paying penalties for alleged thefts, building a profit engine that is leading to the "shop-and-frisk" racial profiling drawing the ire of New York City, lawyers say.
The American Civil Liberties Union urged a New York federal judge Friday to halt the National Security Agency's collection of telephone records, saying the vast "dragnet" violates the U.S. constitution.
Three Senate Democrats on Thursday pushed the U.S. Department of Justice to reassess what it told the U.S. Supreme Court in Clapper v. Amnesty International, saying they believed the government made "misleading" statements that played a significant role in the court's decision to nix the surveillance challenge.
Luxury home rental site operator Villa Trader on Wednesday hit online host Rackspace, which had supported its accommodation services site Villuxe.com, with a $1.5 million suit over data loss.
The Second Circuit may have removed the judge who ruled in two class actions that New York City’s stop-and-frisk policy violated the rights of minorities, but the appeals court refused Friday to toss those decisions on that basis alone.
Morris Polich & Purdy LLP has snagged a data protection and privacy expert from Snell & Wilmer LLP for its Los Angeles office to head the firm's cyber, privacy and data security group amid its expansion of that practice, the firm said Thursday.
A Seventh Circuit panel on Thursday ruled that a federal law regulating automated telephone calls, or robocalls, did not preempt state robocall bans, ordering a lower court to determine whether a not-for-profit’s challenge to an Indiana law could alternatively survive on First Amendment grounds.
The quality of a company’s cybersecurity disclosures is very important. It may be just a matter of time before two factors align — news of a successful cyberattack sends a company’s share price plunging, and the company’s public statements about its cyberdefenses appear in hindsight to have been clearly erroneous, says Anthony Rodriguez of Morrison & Foerster LLP.
Although most insurance companies now offer separate cyber insurance specific to the risk of a data breach, one recent study indicates that fewer than one-third of companies have purchased such policies. The question that the remaining two-thirds of companies are wrestling with is whether they need this additional coverage, say Maria Vathis and David Zetoony of Bryan Cave LLP.
While reliance on outside counsel will continue, only 13 percent of companies recently surveyed indicated that increasing the use of outside counsel was of high importance in addressing increases in legal demand. The trend, more notably since the economic crisis of the late 2000s, has been on rigorous management of outside counsel costs — 95 percent of survey participants said they are taking measures to reduce outside counsel spending, says Lauren Chung of HBR Consulting LLC.
Whether it’s an $11 million operation or a small-town baking contest, if you’re running a prize promotion, you should be aware of the high level of regulation and interest in this area of promotions law, and the fact that sweepstakes and contest sponsors can be held responsible for what may seem to be minor or technical violations and slip-ups in the administration of a promotion, say Maura Marcheski and Melissa Landau Steinman of Venable LLP.
With the recent publication of a final rule, the U.S. Department of Defense has solidified the framework for its voluntary cybersecurity program, which will allow defense industrial base participants to better recognize and repel cyber attacks based on compiled patterns regarding attack vectors and hacking trends, say attorneys with Arnold & Porter LLP.
As health care companies contemplate how to best leverage text messaging, information security should remain a key focus in light of recent upticks in mobile device data breaches and a concomitant rise in Health Insurance Portability and Accountability Act enforcement, say Alaap Shah and Ali Lakhani of Epstein Becker Green PC.
Approximately 25 insurers now offer cyber insurance, and all these carriers offer coverage for both first-party and third-party losses. The market is very dynamic, with coverage varying from insurer to insurer. In some instances, the policy offered is not even named a “cyber policy,” say L.D. Simmons and Josh Davey of McGuireWoods LLP.
On Oct. 22, the National Institute of Standards and Technology released its preliminary cybersecurity framework to help owners and operators of critical infrastructure manage cyber-risk. President Obama has made clear that the actions called for are voluntary, yet the potential provision of incentives may place those organizations that do not comply at a competitive disadvantage, say attorneys with Jones Day.
Among 10 battle-proven strategies for getting your witnesses ready for trial is to role-play the cross-examiner. For instance, if you expect the cross-examiner to yell, get in the witness’ face or use scathing sarcasm, do that during practice to minimize surprises at trial, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.
While the employer prevailed in Ehling v. Monmouth-Ocean Hospital Service Corp., this New Jersey federal court case serves as a warning to employers against the unauthorized access of an employee’s “private” social media posts, say Darin Klemchuk and Sita Desai of Klemchuk Kubasta LLP.