• June 23, 2017

    2nd Circ. Ruling Offers Way Out Of TCPA Litigation Jungle

    The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn’t allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.

  • June 23, 2017

    Employer Takes FCRA Consumer Report Suit To High Court

    A subsidiary of oilfield services giant Schlumberger Ltd. has filed a petition for a writ of certiorari asking the U.S. Supreme Court to review an appeals court decision that revived a suit over alleged violations of the Fair Credit Reporting Act, arguing that without real harm, the case didn’t have standing.

  • June 23, 2017

    Dentons Ex-Associate Charged With Trying To Extort Partners

    A former litigation associate at Dentons was arrested at the firm’s Los Angeles office Thursday on an extortion charge, accused of threatening to release confidential and sensitive materials taken from a superior's email account unless the firm paid him $210,000 and let him take home a piece of art.

  • June 23, 2017

    Reps Push FCC For ‘Ringless’ Voicemail Protections

    Rep. Dan Lipinski, D-Ill., has led a group of House lawmakers in urging the Federal Communications Commission on Thursday to ensure continued consumer protections against "ringless" robocalls sent directly to consumer voicemail, continuing the backlash against a company’s request that was pulled this week at the FCC.

  • June 23, 2017

    FCC Says Cyberattack, Not Lobbying, Hit Comment System

    A May disruption to the Federal Communications Commission's online comment system was caused by a cyberattack from traffic that mostly didn't leave comments, the FCC has told lawmakers, saying the problem has been addressed and the system is handling all net neutrality comments.

  • June 23, 2017

    Anthem Inks Record $115M Deal Over Massive Data Breach

    Anthem Inc. has agreed to a deal valued at $115 million to end litigation over a massive 2015 data breach, creating a pool of funds to provide credit protection and reimbursement for customers and up to $38 million in attorneys’ fees in the largest-ever data breach settlement, class attorneys said Friday.

  • June 23, 2017

    FTC Undertakes Rule Review, Mindful Of Trump’s Mandate

    The Federal Trade Commission on Thursday announced proposed changes to several regulations covering areas as diverse as how televisions are advertised and unwanted email advertising is regulated, with the possible modifications forming part of acting Chair Maureen K. Ohlhausen’s regulatory reform initiative and the commission’s commitment to regularly review regulations.

  • June 23, 2017

    Telecommunications Policy Recap For The First Half Of 2017

    President Donald Trump’s victory last year turned telecommunications policy on its head, with Federal Communications Commission Chairman Ajit Pai leading an active first few months at the agency as he seeks to reverse course and undo actions taken during the Obama administration. Here are the top telecom policy developments so far this year.

  • June 23, 2017

    Experian Invaded Privacy By Reporting Wrong Info, Suit Says

    An Arizona woman hit an international credit reporting agency with a proposed class action Thursday in Arizona federal court, alleging the company invaded her privacy when it reported an outdated judgment against her.

  • June 23, 2017

    Engineer Gets Time Served For Military Documents Theft

    An engineer who pled guilty in December to economic espionage and attempted export of defense articles to China without a license for taking copies of military aircraft designs to China was sentenced on Thursday in Connecticut federal court to time served, after spending 30 months behind bars.

  • June 23, 2017

    Call Recipients Say SolarCity Changed TCPA Suit Deal

    A putative class alleging it received unwanted sales calls from SolarCity Corp. in violation of the Telephone Consumer Protection Act on Thursday sought to enforce a settlement term sheet in the case, saying the company has tried to change the deal.

  • June 22, 2017

    SoCal Better Homes TCPA Fax Class Decertified

    A California judge on Thursday decertified a claimed class of 3,000 residents who allegedly received unsolicited faxed advertising from SoCal Better Homes, backing the real estate developer’s assertion that ambiguities in a fax list produced after certification indicate the class isn’t ascertainable.

  • June 22, 2017

    TCPA Defendants Down, But Not Out, With 'Pick-Off' Ruling

    The Seventh Circuit recently added to limitations companies face when making offers of full relief to individual plaintiffs in TCPA class actions in order to ward off certification, otherwise known as "pick-offs," but the judges' acknowledgment that some offers may be adequate could give defendants a boost in certain cases.  

  • June 22, 2017

    Calif. Panel Says Tucker Ellis Has Privilege, Not Ex-Atty

    A California appellate court ruled Wednesday that Tucker Ellis LLP, not an attorney who left the firm, controls the work-product privilege for documents he drafted while there, finding that a client whose correspondence with the attorney was ultimately made public had entered into a contract with the firm, not the lawyer.

  • June 22, 2017

    Robocalls, Reassigned Numbers On FCC Meeting Agenda

    The Federal Communications Commission is set to tackle a spate of consumer protection issues at its open meeting next month, including proposals to set up a system for authenticating the source of robocalls and to make it easier for companies to know when a customer's phone number has been reassigned, the commission said Thursday. 

  • June 22, 2017

    How To Stay Safe In A World Of Law Firm Data Breaches

    About two-thirds of law firms have experienced some sort of data breach, according to a forthcoming cybersecurity scorecard from Logicforce that gives eye-popping clarity to the extent of data breaches in the industry — and what firms can do about it. 

  • June 22, 2017

    Murray Energy Hits John Oliver, HBO With Defamation Suit

    Murray Energy Corp. has lodged a defamation suit against comedian John Oliver in West Virginia state court over an HBO segment lampooning CEO Bob Murray as a “geriatric Dr. Evil,” claiming it wrongly states the cause of a fatal collapse at one of the company's mines. 

  • June 22, 2017

    FCC Plans $120M Robocalling Scam Fine For Miami Man

    The Federal Communications Commission voted at its meeting Thursday to hit a Miami man with a proposed $120 million fine after he allegedly flooded consumers with 96 million unlawful robocalls in three months, in a “major, unprecedented action” of enforcement, FCC Chairman Ajit Pai said.

  • June 22, 2017

    2nd Circ. Tosses TCPA Suit Against Auto Financial Co.

    The Second Circuit on Thursday affirmed the dismissal of a putative class action accusing Lincoln Automotive Financial Services of violating the Telephone Consumer Protection Act, saying the man suing the company consented to receive calls when he signed his car lease.

  • June 22, 2017

    Activists Say Judge's Wife’s Facebook 'Likes' Support DQ

    Anti-abortion activists asked Thursday that U.S. District Judge William Orrick III be disqualified from a suit seeking to block their hidden-camera videos of abortion provider meetings, arguing he once sat on the board of an group that hosts a Planned Parenthood clinic and that his wife "liked" posts expressing pro-choice views on Facebook.

Expert Analysis

  • Key Privacy Developments In Trump's First 150 Days

    Jaipat S. Jain

    Recent significant shifts in privacy policy include an executive order withdrawing Privacy Act protections for non-U.S. individuals, and the rollback of the Federal Communications Commission's broadband privacy rules, says Jaipat S. Jain of Lazare Potter & Giacovas LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • How Kokesh Will Impact The FTC And Other Agencies

    Benjamin Mundel

    The U.S. Supreme Court's recent decision in the Kokesh case limits not just U.S. Securities and Exchange Commission enforcement actions, but also monetary relief sought by other agencies, like the Federal Trade Commission. A faithful application of this decision should lead to courts rejecting these agencies' long-standing practice of seeking penal monetary relief under their equitable authority, say Benjamin Mundel and Lucas Crosl... (continued)

  • Debt Collection Concerns Post-Henson V. Santander

    Craig Nazzaro

    Last week, in Henson v. Santander Consumer USA, the U.S. Supreme Court ruled that a company collecting debts it purchased for its own account would not be defined as a debt collector under the Fair Debt Collection Practices Act. While this certainty is a win for the debt collection industry, it's not the victory some believe it to be, says Craig Nazzaro of Baker Donelson.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • How Driverless Cars Will Impact A Wide Range Of Industries

    Mike Nelson

    It is becoming clear that the disruptive nature of the autonomous vehicle will extend far beyond the automotive industry. Conversations with clients from a variety of industries have provided unique insight into what a future might look like without humans behind the wheel, say Mike Nelson and Trevor Satnick of Eversheds Sutherland.

  • The Triple Threat Of The Internet Of Things

    H. Michael O'Brien

    Recent cyberattacks launched from internet-connected devices illustrate that the growth of such products creates an opportunity for malevolent actors. The internet of things is highly vulnerable to attacks that can cause denials of service, ransomware incidents and even physical damage to property and people, says H. Michael O'Brien of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.