• 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.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Feds Can Shield Classified Info In UN Bribery Case

    A New York federal judge on Wednesday held that prosecutors can shield certain classified information from a Chinese developer accused of bribing United Nations officials, ruling the information is relevant to national security and wouldn’t aid the developer in his trial, which is slated to start next week. 

  • June 21, 2017

    RNC Contractor Sued For Exposing Data Of 198M Voters

    Voters in Florida have hit a data analytics company contracted with the Republican National Committee with a proposed class action, saying it’s liable for leaving a server containing the personal information of almost 200 million voters open to anyone on the internet who knew where to look.

  • June 21, 2017

    11th Circ. Questions FTC Data Security Enforcement Approach

    An Eleventh Circuit panel pressed the Federal Trade Commission on what rules it has established regarding corporate data security during oral arguments Wednesday in a closely watched challenge from LabMD, which contends that the agency unfairly expanded its authority with an enforcement action that crippled the medical-testing company.

  • June 21, 2017

    Sen. McCaskill Presses Booz Allen On Unsecured Server

    Sen. Claire McCaskill, D-Mo., demanded answers from Booz Allen Hamilton in a letter obtained by Law360 about reports the contractor left sensitive information, including senior engineers' passwords and security credentials, on a public unsecured server.

  • June 21, 2017

    NYC Tax Fraudster Tells 2nd Circ. US Atty Broke Plea Deal

    The convicted ringleader of a crooked tax preparation shop asked the Second Circuit on Wednesday to vacate his nine-year prison term for running a $3.5 million tax fraud scheme that made thousands of illegal claims based on information gleaned from a corrupt New York City official, saying prosecutors breached the terms of his plea deal.

  • June 21, 2017

    Ballots Not Affected In 21 States Targeted By Russia: DHS

    Russia attacked election systems in 21 states as part of efforts to interfere with the 2016 U.S. presidential election, but those hacking attempts did not result in any ballots being changed, a senior U.S. Department of Homeland Security official said Wednesday.

  • June 21, 2017

    Man Admits Role In Michaels Credit Card Skimming Scheme

    A California man admitted to playing a leading role in a scheme that netted $420,000 from the stolen credit and debit card information of 94,000 Michaels Stores Inc. customers in 19 states, with New Jersey federal prosecutors announcing Tuesday that he faces up to 30 years in prison.

  • June 21, 2017

    11th Circ. Revives ACLU Action Seeking Stingray Records

    The Eleventh Circuit held in a decision published Tuesday that a lower court wrongly rejected the American Civil Liberties Union of Florida’s discovery requests relating to whether a Sarasota law-enforcement officer was acting as a state or federal official when seeking authorization for the use of cellphone-tracking devices called Stingrays.

  • June 21, 2017

    Judge OKs $1.6M Neiman Marcus Data Breach Settlement

    A $1.6 million settlement between Neiman Marcus Group LLC and a class of its customers whose credit card data was exposed in a 2013 data breach received preliminary approval from an Illinois federal judge on Wednesday.

  • June 20, 2017

    What To Watch As LabMD, FTC Square Off Over Data Security

    LabMD and the FTC are set to go before the Eleventh Circuit on Wednesday in a pivotal case that will have a sweeping impact on the commission's ability to regulate corporate data security. Here, court watchers lay odds on what issues are likely to dominate the arguments, and what clues to look for in trying to decode how the court might rule.

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    With the conclusion of this U.S. Supreme Court term just around the corner, 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.

  • Trump Cybersecurity Order Makes Electric Grid A Priority

    William DeGrandis

    Last month, President Donald Trump signed an executive order requiring a comprehensive review of the federal government’s cybersecurity risk management policies and procedures. The order is notable for its emphasis on the electric power industry. The comprehensive review this order requires may well trigger a significant response at agencies regulating the electric power industry, say attorneys with Paul Hastings LLP.