A former mobile technology company executive dominated the second day of the retrial of two ex-colleagues accused of participating in a scheme that reaped millions by signing unknowing consumers up for messaging services, testifying Tuesday that one of the men encouraged him to get involved and to play along when things got rocky.
The Ninth Circuit's decision Tuesday that the harm stemming from an allegedly inaccurate consumer report published by Spokeo Inc. was concrete enough to establish standing gives class action plaintiffs a boost in their bids to block defendants from making quick exits, but the panel's fact-specific analysis may limit the ruling's broader application and leave companies with a stronger defense down the line, attorneys say.
An anonymous Los Angeles resident who claims he is a public figure says that gay porn site Flava Works Inc. makes bogus allegations about the pirating of copyrighted videos as a front for extorting users who don’t want their association with the website known, according to a lawsuit filed in California federal court Tuesday.
An Indian media and entertainment company and HBO distribution partner owned by 21st Century Fox announced Tuesday that four arrests had been made related to the leak of an unaired “Game of Thrones” episode earlier this month.
A Progressive Insurance subsidiary and a debt-collection law firm were hit with a proposed class action in Wisconsin federal court Monday that accuses them of sharing individuals' driver's license numbers in court documents, in violation of the Driver's Privacy Protection Act.
A Florida man urged a federal court Monday to deny Burger King's bid to dismiss his proposed class action alleging the restaurant printed too many credit card digits on receipts, arguing that his claim meets the requirement for “concrete injury” established in 2016 by the U.S. Supreme Court.
A Florida federal judge declined Tuesday to allow a British security company director who is widely believed to have compiled a dossier alleging Russia has compromising information on President Donald Trump to intervene in a Russian technology executive's defamation suit against BuzzFeed over the publication of his name in the dossier.
After a second round of revisions, a Florida federal judge on Tuesday gave preliminary approval to a $3.5 million settlement to resolve a junk fax class action against Banner Life Insurance, William Penn Life Insurance and an insurance agency.
Companies including Apple, Facebook, Google, Twitter and Verizon on Tuesday urged the U.S. Supreme Court to rule that a warrant is needed to obtain historical cellphone location records, arguing that existing Fourth Amendment doctrine should be expanded to reflect new technological realities.
A registered insurance agent has asked a Florida federal court to declare the Florida Telemarketing Act unconstitutional for vagueness after an investigation and arrest — on charges that were later dropped — forced him to close his business.
An Illinois federal judge signed off on a $3.75 million settlement in a class action involving web-enabled vibrators Tuesday, ending claims the company that sold them collected data on their customers’ usage of the sex toys.
Combined Insurance Co. of America asked an Illinois federal court on Monday for summary judgment on breach of contract claims in a suit in which a Dillard’s employee accused the insurance company of violating a pledge to keep private personal information off the internet.
The Federal Trade Commission announced on Tuesday that it has reached a non-monetary agreement with Uber to settle allegations that the company failed to properly protect consumers’ personal information, with the ride-hailing giant agreeing to implement a comprehensive privacy program designed to address privacy risks and protect consumers’ confidential information.
Privacy advocates have urged the high court to review and overturn a ruling enabling the government to intercept and sift through the personal data of U.S. citizens without a warrant, arguing that a foreign surveillance law is overbroad and fails to protect the constitutional rights of Americans.
The Ninth Circuit ruled Tuesday that a man who accused Spokeo of violating the Fair Credit Reporting Act by allegedly reporting inaccurate information about him had claimed a sufficiently concrete injury to meet the Article III standing bar established by the U.S. Supreme Court in the dispute last year.
The retrial of two executives at a mobile technology company accused of cheating consumers out of $50 million by signing them up for messaging services without their permission began Monday in New York federal court, after an earlier trial ended in a hung jury.
A Florida federal judge on Monday tossed a design firm's bid for sanctions in a discovery dispute with a Miami sex club that allegedly used models' images without permission, saying the ad company's counsel failed to confer first with those who might be affected by sanctions.
The Ninth Circuit reversed a ruling Monday preventing an anti-abortion organization from obtaining identifying information for University of Washington fetal tissue researchers, saying more information was needed on how the disclosure would violate the researchers' constitutional rights and remanding the matter back to the lower court.
The British cybersecurity researcher who is credited with halting the global WannaCry ransomware attack pled not guilty Monday in Wisconsin federal court to charges that he helped to create and spread the Kronos banking Trojan malware, which harvested the private information of online banking users.
A slew of digital rights, press freedom and Fourth Amendment advocates urged the U.S. Supreme Court on Monday to rule that the government can’t obtain historical cellphone location records without a warrant.
Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.
Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.
As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.
In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.
For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.
As mobile apps become more customizable to users’ experiences and locations, the data provided and potentially obtained through those customizations become more specific and personal. However, where technology continues to advance at a rapid rate, the law often follows far behind, say Sheila Pham and Mark Mao of Troutman Sanders LLP.
During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.
As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.
The near-universal use of text messaging and other mobile communication platforms should prompt a major shift in how evidence is gathered and considered in internal corporate investigations, say Jessica Nall and Claire Johnson of Farella Braun & Martel LLP.
The U.S. Securities and Exchange Commission this week released a risk alert highlighting the results of its Cybersecurity 2 Initiative, which reveals a critical cybersecurity truth — that it is not enough just to set up a program and plug existing leaks, say Michael Bahar and Brian Rubin of Eversheds Sutherland.