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Privacy
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April 24, 2013
Scarinci Hollenbeck Adds Cybersecurity, E-Discovery Pro
Lyndhurst, N.J.-headquartered Scarinci Hollenbeck has tapped a former Norris McLaughlin & Marcus PA attorney to head its cybersecurity and data protection group, the firm announced Wednesday.
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April 24, 2013
Facebook's Lobbying Hits Record $2.5M As Google Pulls Back
Facebook Inc. spent a company record $2.45 million in the first quarter to lobby federal lawmakers and regulators on issues ranging from cybersecurity and children's privacy to immigration and taxation reform, while fellow Silicon Valley giant Google Inc.'s industry-leading expenditures dropped over last year, according to disclosures released Monday.
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April 24, 2013
Dish Sanctioned For Blocking Discovery In Telemarketing Suit
A federal judge overseeing the federal government’s suit against Dish Network LLC accusing it of violating telemarketing sales rules by placing unwanted calls to millions of consumers said Wednesday that the satellite broadcaster has been “evasive” and “obstructive” during discovery, and sanctioned it.
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April 24, 2013
Alleged LulzSec Leader Charged With Hacking Australian Site
The Australian Federal Police on Wednesday said it has arrested a self-proclaimed leader of the Anonymous-related LulzSec computer hacking group for allegedly compromising a government website in a widening investigation that has also resulted in arrests in the U.S. and the U.K.
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April 24, 2013
Aussie Watchdog Warns Telecom Co. Over Anonymous Hack
An Australian government watchdog on Wednesday slapped one of the country's biggest telecommunications providers with a formal warning, saying the company failed to adequately protect customer data in connection with a 2012 breach linked to the activist hacker collective Anonymous.
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April 23, 2013
Ex-Reuters Editor Pleads Not Guilty To Hacking Charges
A former editor with news agency Reuters and Web producer with a Tribune Co.-owned television station pled not guilty Tuesday in California federal court to charges that he helped hacker group Anonymous break into the Los Angeles Times' website and alter content.
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April 23, 2013
Symantec Hid Source Code Hack From Customers, Suit Says
Symantec Corp. was hit with a proposed class action Monday alleging it concealed from customers a data breach in which hackers infiltrated its network and stole source code for certain versions of its antivirus software, resulting in customers not receiving the full value of the products.
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April 23, 2013
News Corp.'s $139M Deal May Make For Pricier D&O Coverage
News Corp.'s insurers will be picking up the tab for a record-breaking $139 million settlement that ends shareholder derivative litigation over its phone hacking scandal, likely sending other carriers scrambling to rethink the pricing and design of their directors and officers policies.
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April 23, 2013
SEC's Identity Theft Rules Will Drive Up Data Security Costs
Investment advisers, broker-dealers and other entities regulated by the U.S. Securities and Exchange Commission are scrambling to enact programs to detect red flags for identity theft under new agency rules, a major undertaking that attorneys say will require costly and ever-evolving assessments of data security risks.
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April 23, 2013
Privacy Groups Rebuke Call For COPPA Rule Delay
A coalition of consumer groups on Tuesday asked the Federal Trade Commission to reject the online industry's recent request for a six-month extension to comply with the FTC's online privacy rule for children, saying companies have had more than enough time to adjust their business practices.
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April 23, 2013
Convicted Diamondback Trader Can't Shield Backers' Names
A New York federal judge slated to sentence former Diamondback Capital Management LLC portfolio manager Todd Newman, convicted of insider trading in Dell Inc. stock, refused Tuesday to allow the names of people who wrote letters supporting Newman’s plea for leniency to remain redacted in court.
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April 23, 2013
Law Firms Take A Liking To Social Media Practice Groups
Law firms are increasingly launching practices devoted exclusively to social media in response to corporate troubles with Facebook, Twitter and the like, with groups offering specialized guidance on employees’ online conduct, digital promotion of pharmaceutical products and disclosure of market-moving financial information.
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April 23, 2013
Hacked AP Feed's Bogus Bomb Tweet Rattles Stock Market
A group of Syrian nationalist hackers has claimed responsibility for a bogus tweet from the Associated Press twitter account that sent the stock market tumbling on Tuesday by falsely reporting that President Barack Obama had been injured in multiple bombings at the White House.
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April 23, 2013
CFPB's Cordray Defends Data Collection Before Senate Panel
Consumer Financial Protection Bureau Director Richard Cordray on Tuesday defended his agency's vast data collection activities, saying that all information the bureau collected was anonymous and necessary to properly understand and regulate the consumer finance marketplace.
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April 22, 2013
9th Circ. Nixes Credit Report Cos.' $45M Deal With Consumers
The Ninth Circuit on Monday reversed a lower court's $45 million settlement award in three class actions alleging Experian Information Solutions Inc. and two other credit reporting services inaccurately listed discharged debts on reports, ruling that incentive awards to some named plaintiffs cheated the absentees in the 15 million–member class.
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April 22, 2013
Cybersecurity Bill Enjoys Better Prospects After Exec Order
The U.S. House of Representatives passed a controversial cybersecurity bill last week that would boost information sharing between the public and private sectors, and while the measure may still falter over the same privacy concerns that doomed it last year, attorneys believe that momentum built by a recent executive order should ultimately push it to passage.
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April 22, 2013
Germany Fines Google For Street View Data-Grabbing
A German privacy regulator on Monday fined Google Inc. nearly $200,000 for unlawfully collecting personal information sent over unsecured Wi-Fi networks as part of its Street View service, calling the data grab one of the most serious violations of the country's privacy rules in history.
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April 22, 2013
Reuters Editor Facing Hacking Charges Gets Pink Slip
International news agency Reuters fired one of its editors on Monday a month after he was indicted by the U.S. Department of Justice on charges that he helped hacker group Anonymous break into the Los Angeles Times' website.
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April 22, 2013
Kilpatrick Townsend Adds Nelson Mullins Privacy, Tech Pros
Kilpatrick Townsend & Stockton LLP has bolstered its global sourcing and technology group with the addition of two former Nelson Mullins Riley & Scarborough LLP privacy and information security experts, it said Monday.
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April 22, 2013
News Corp. To Pay $139M In Phone Hacking Derivative Deal
News Corp.'s board of directors on Monday agreed to pay $139 million and implement a host of corporate governance changes to settle litigation led by Amalgamated Bank over alleged phone hacking at British newspapers and a recent $670 million acquisition, in the largest shareholder derivative settlement to date.
Expert Analysis
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A Closer Look At Sony's UK Data Breach Penalty
On Jan. 24, the U.K. Information Commissioner’s Office served Sony Computer Entertainment Europe Limited with a monetary penalty of £250,000 following a well-publicized security breach that afflicted the Sony PlayStation Network Platform. It is the third-largest fine levied by the ICO, but in the context of the size of Sony and the costs to Sony of the breach internationally, the size of the fine might be seen to be relatively modest, says Renzo Marchini of Dechert LLP.
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What The Proposed Apps Act Would Mean For App Developers
Rep. Hank Johnson, D-Ga., recently unveiled a discussion draft of the Application Privacy, Protection and Security Act of 2013, which would impose considerable compliance obligations upon app developers. While the act has not yet been formally proposed as legislation, given the focus that has recently been placed on apps, it appears to be a prudent time to examine the key elements of the proposed law, says Jacqueline Klosek of Goodwin Procter LLP.
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HIPAA Final Rule: What's A Covered Entity To Do? — Part 1
The recently released Health Insurance Portability and Accountability Act final rule modifies many provisions of the HIPAA regulations. The breach notification rule revision is one that some covered entities hoped would not occur. It is significant because it will result in covered entities making more notifications of breaches, increasing HIPAA compliance costs, say attorneys with Frost Brown Todd LLC.
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How ECPA Applies To Behavioral Advertising
The Tenth Circuit's recent decision in Kirch v. Embarq Management Co. is one of very few federal appellate court decisions construing the Electronic Communications Privacy Act's application to online behavioral advertising, and distinguishes entities directly acquiring Internet traffic from businesses whose participation is less direct and therefore not subject to ECPA liability under an aiding and abetting theory, say attorneys with Venable LLP.
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What’s Missing From My Software As A Service Agreement?
As customers continue to embrace software as a service solutions that are hosted in the cloud, they should closely review the contract that will govern their relationship with their SAAS provider. Frequently, we see SAAS contracts that are missing certain basic — and key — requirements that serve to protect SAAS customers, says Benjamin Dean of Pillsbury Winthrop Shaw Pittman LLP.
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And Now A Word From The Panel ...
As we gear up for the next meeting by the Judicial Panel on Multidistrict Litigation — scheduled for Jan. 31 in the backyard of the “Most Magical Place on Earth,” Orlando, Fla. — let us explore a recurring question that the Panel addressed in two of its rulings on motions heard at its last session in Dallas, Texas: When will the Panel NOT create an MDL? says Alan Rothman of Kaye Scholer LLP.
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Protect The Brand: Avoiding Online Reputational Damage
Something is trending and not just on Twitter: the increased frequency and severity of online reputational damage. We see two key components to a digital reputation protection plan — implementing effective and ongoing loss control and risk assessment measures, and developing the capability for a rapid response, if and when potential reputational damage confronts the brand, say David Jacoby and Judith Roth of Schiff Hardin LLP.
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Reining In Mobile App Privacy Practices
Mobile apps — whether they are fun games, serious tools or educational resources — continue to access, collect and use private data stored on smart devices while customers remain largely ignorant of and disempowered by these practices. Key reports issued this winter, coupled with recent enforcement actions, suggest regulators are ready to insist that they and consumers no longer be subjected to these unpleasant revelations, say John Kennedy and Annie Bai of Wiggin and Dana LLP.
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Avoid Data Breaches With Better Vendor Contracts
An often-overlooked component of a health care provider's data security risk management plan is addressing the issue with the vendors with whom the provider routinely shares protected health information. Providers must address data security at the time of contracting. In fact, the new Health Insurance Portability and Accountability Act final rule requires that contracts with such vendors mandate their compliance with certain HIPAA privacy and security rule requirements, say attorneys with BakerHostetler.
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3 Tips For Limiting Liability In The Digital Age
Every day, we see reports about new government securities cases, price-fixing cases, RICO cases and discrimination cases, not to mention those pesky private lawsuits with punitive and treble damages. Invariably, they have one thing in common: incriminating evidence found in electronic communications. Three rules that can help you and your company stay out of trouble are so simple that even a fourth-grader can follow them — though apparently not some four-star generals, say attorneys with Duane Morris LLP.