• April 28, 2017

    Home Depot Settles Investor Suit Over Data Breach

    Investors in The Home Depot Inc. struck a deal to end their shareholder derivative suit against members of the retailer’s board of directors over a 2014 customer data breach, according to a proposed settlement filed in Georgia federal court Friday.

  • April 28, 2017

    NSA To Stop Collecting Emails About Foreign Targets

    The National Security Agency is halting a controversial surveillance method that had allowed it to scoop up internet communications that merely mention a foreign intelligence target, including messages from Americans who aren’t under investigation, the agency said Friday.

  • April 28, 2017

    10th Circ. Backs Law School Lecture Penalty For Okla. Atty

    The Tenth Circuit on Friday affirmed an Oklahoma federal judge’s decision ordering a lawyer to give lectures at the University of Tulsa law school, finding that the lower court had properly found that he mishandled a lawsuit over unwanted sales calls he claimed came from a supplement company.

  • April 28, 2017

    FBI Hit With FOIA Suit Over 2007 NBA Betting Scandal

    The FBI is wrongfully withholding documents regarding the investigation and prosecution of disgraced former NBA referee Tim Donaghy, according to a Freedom of Information Act action initiated Thursday in New York federal court by documentary filmmakers researching gambling corruption in professional sports leagues.

  • April 28, 2017

    Microsoft Snags Ex-FTC Commish Brill From Hogan Lovells

    Julie Brill, who left her post at the Federal Trade Commission last year to co-lead the privacy and cybersecurity group at Hogan Lovells, is exiting the law firm to take the reins of the privacy and regulatory affairs group at Microsoft, the company announced Friday.

  • April 28, 2017

    High Attack Risk Forces Firms To Weigh Ransomware Options

    The “lose-lose” position a Rhode Island firm found itself in last year — its computer systems held hostage by hackers, with no viable backup of client files in hand — illustrates the need for firms of all sizes to have a plan in place to respond quickly to a ransomware attack, experts said.

  • April 28, 2017

    Sprint Whistleblower Stays Locked Out Of $15.5M FCA Deal

    A former federal prosecutor turned whistleblower isn’t entitled to a chunk of the government’s $15.5 million False Claims Act settlement with Sprint, a Ninth Circuit panel said in a published decision Friday, concluding it didn’t matter if the government’s suit was based on his own tossed case against several telecoms.

  • April 28, 2017

    DHS Policy Limits Privacy Rights Of Foreigners In US

    The Department of Homeland Security issued new policy guidance Thursday that limits the privacy rights of immigrants and nonimmigrant foreigners in light of President Donald Trump's executive order excluding anyone other than U.S. citizens and lawful permanent residents from the protections of the Privacy Act.

  • April 28, 2017

    Facebook Can Take Birthday Text Class Action To 9th Circ.

    A California federal judge ruled Thursday that Facebook could appeal his rejection of its motion to dismiss a putative class action alleging its text message reminders about friends’ birthdays violate the Telephone Consumer Protection Act, over the opposition of both the proposed class and the government.

  • April 28, 2017

    ABA Sections Urge EU To Avoid New Data Access Regs

    The American Bar Association's international and antitrust sections have weighed in on a public request from the European Union's executive arm to discuss data economy growth throughout the bloc, urging the commission to shy away from policies that may stifle competition and innovation.

  • April 28, 2017

    Costco Fax Recipients Get Class Cert. In TCPA Suit

    A group of people and companies led by a law firm accusing Costco of sending unauthorized faxes in violation of the Telephone Consumer Protection Act can proceed on their claims as a class, after a Missouri federal judge Thursday found the issue to be common and the class members ascertainable.

  • April 28, 2017

    Eddie Bauer Wants Credit Union's Data Breach Suit Nixed

    Eddie Bauer urged a Washington federal judge Thursday to toss a proposed class action claiming financial institutions have had to pick up the pieces after a 2016 data breach, saying Iowa law applies because the credit union leading the suit is based there and the allegations don’t pass muster under that state's laws.

  • April 27, 2017

    CNN Video Data Win Leaves Spokeo Door Open For App Users

    The Eleventh Circuit on Thursday gave another boost to mobile apps' ability to skirt video privacy claims by nixing a proposed class action brought by a CNN app user, but its refusal to find that the U.S. Supreme Court's Spokeo ruling bars the allegations from being brought in the first place leaves subscription-based services vulnerable to litigation.

  • April 27, 2017

    VW Owners Lose Bid For Class Cert. In Autodialing Spat

    A California federal judge on Wednesday temporarily rejected a class certification bid by vehicle owners alleging Volkswagen Group of America Inc. and a marketing company autodialed them in violation of the Telephone Consumer Protection Act, finding they’d not established common questions at this point.

  • April 27, 2017

    Uber Tracked Ex-Customers' IPhones, Watchdog Tells FTC

    Consumer Watchdog asked the Federal Trade Commission on Thursday to look into claims that Uber Technologies Inc. continued tracking iPhone users even after they deleted the apps, a practice the advocacy group called “flagrantly unfair and deceptive.”

  • April 27, 2017

    CNN App User Isn’t CNN Subscriber, 11th Circ. Finds

    The Eleventh Circuit refused Thursday to revive a CNN app user’s litigation over alleged privacy violations, saying in a published decision that the man has standing under the U.S. Supreme Court’s landmark Spokeo decision, but his claims fail regardless because he doesn’t qualify as a “subscriber” under the Video Privacy Protection Act.

  • April 27, 2017

    Web Service Hit With Suit For Selling User Data To Uber

    A web service that allows users to unsubscribe from mailing lists and newsletters was slapped with a privacy suit Wednesday in California federal court over claims it failed to adequately disclose its practice of scanning user emails and selling data to third parties, including Uber.

  • April 27, 2017

    Pentagon Warned Flynn Over Foreign Pay, Top Dem Says

    Defense officials had warned former White House National Security Adviser Michael Flynn to clear any foreign payments before accepting them or risk violating the U.S. Constitution, but he made no attempt to do so, a senior Democratic lawmaker alleged Thursday.

  • April 27, 2017

    Spy Court Won’t Consider Conservative Group’s Leak Claims

    The secretive Foreign Intelligence Surveillance Court won’t be tackling allegations from a conservative legal organization that government officials have sought to undermine President Donald Trump through improper spying on his advisers and leaks of classified information about those probes, finding no entry point for the group’s participation.

  • April 27, 2017

    AT&T, Cisco Leaders Warn Of Privacy, Safety Threats

    Cybersecurity leaders at AT&T Inc., Cisco Systems Inc. and other industry giants on Thursday sounded the alarm about the perils wrought by the so-called internet of things, warning that an explosion in internet-connected appliances from the faucet to the foundry could present not just privacy issues, but safety ones as well.

Expert Analysis

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Data Inventory: The Critical 1st Step In Data Security

    David Manek

    The effectiveness of a business's data privacy and security initiatives is compromised if the organization has not developed and maintained an accurate and comprehensive data map, say David Manek of Navigant Consulting Inc. and Bruce Radke and Michael Waters of Vedder Price PC.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • How Wireless Carriers Defend Consumers From Spam Texts

    Anush Emelianova

    Companies like Twilio have argued that the Federal Communications Commission should regulate text messages under the open internet rules, meaning that texts from consumers and businesses can't be filtered without notice. Wireless carriers claim that such a change would hurt consumers, and Chairman Ajit Pai is likely to protect consumers by siding with the carriers, say Phyllis Sumner and Anush Emelianova of King & Spalding LLP.

  • Repeal Of FCC Privacy Rules Leaves America Vulnerable

    John F. Stephens

    The congressional repeal of the Federal Communications Commission's October 2016 privacy rules will have security implications far beyond what was ever envisioned or intended. The end result will be a disaster not just for Americans' privacy, but for America's cybersecurity as well, says John Stephens of Sedgwick LLP.

  • Florida 'Black Box' Ruling: Game Changer For Vehicle Tech

    Tina Sciocchetti

    A split panel of a Florida state appellate court has held that police need a warrant to search a vehicle’s electronic data recorder or “black box” absent exigent circumstances. The ruling in Florida v. Worsham demonstrates that the constitutional, legislative and regulatory privacy protections afforded data-capturing vehicle technologies are expanding rapidly, say Tina Sciochetti and Charles Dell'Anno of Nixon Peabody LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Another Way To Challenge Standing In Data Breach Cases

    David Cohen

    A common tactic in defending federal consumer data breach litigation is challenging the plaintiff’s standing on a motion to dismiss. Most such challenges are “facial,” but a California federal court's decision in Foster v. Essex Property demonstrates an additional avenue — a so-called “factual” challenge to standing, which is based on evidence, say David Cohen and Ani-Rae Lovell of Ropes & Gray LLP.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs


    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.