• February 17, 2017

    Revamped Card Security On Buffet's Menu To End AG Probe

    A Chinese restaurant in Vermont has agreed to pay $30,000 and improve its credit card security practices to resolve the state attorney general's claims that an employee stole card numbers in 2014 and compromised at least 100 customers' personal data, the regulator said Thursday.

  • February 17, 2017

    Time Can't Use Spokeo To Dodge Mich. Video Privacy Action

    A Michigan federal judge has refused to nix a proposed class action accusing Time Inc. of violating Michigan's Video Rental Privacy Act, ruling that the publisher's alleged disclosure of subscribers' personal data was a concrete injury sufficient to meet the Spokeo standing bar. 

  • February 17, 2017

    Sessions' National Security Focus Will Fuel Privacy Fights

    Jeff Sessions’ record of favoring what he sees as national security interests over personal privacy rights indicates the new attorney general will likely take an aggressive approach to gathering digital data, and in doing so he will almost certainly spur a new wave of court challenges to government prying.

  • February 17, 2017

    Privacy Profs. Get Behind FTC In LabMD Fight At 11th Circ.

    A group of eight privacy and security law professors on Thursday threw their support behind the Federal Trade Commission in its Eleventh Circuit battle with LabMD to keep intact a ruling that an alleged data leak harmed consumers, saying the agency’s approach to regulating privacy spurs better protection practices.

  • February 17, 2017

    4 Tips For Fending Off Cyber Threats

    Law firms big and small sit on vast troves of highly sensitive client information coveted by hackers, and while progress has been made in defending that information, experts say the entire legal industry needs to remain vigilant in fighting off potential breaches of their security.

  • February 17, 2017

    Ex-Playboy Bunny Accuses Sex Pill Maker Of Fake Promo

    A former model and reality television star known for her live-in relationship with Hugh Hefner at his Playboy mansion recently slapped the makers of a male sexual enhancement pill with a suit in Los Angeles court, claiming they falsely attributed an endorsement of the product to her.

  • February 17, 2017

    NY AG, Regulator Spar Over Cuomo's Banking Fraud Plan

    New York Gov. Andrew Cuomo’s proposal to expand the Department of Financial Services’ powers against financial fraud sparked a war of words this week, with Attorney General Eric Schneiderman calling the proposal a "wholly unnecessary overreach by the executive," while the department’s superintendent labeled the objections as “petty concerns over turf.”

  • February 17, 2017

    Horizon, NJ Reach $1.1M Settlement Over Privacy Lapse

    Horizon Blue Cross Blue Shield of New Jersey has agreed to pay $1.1 million to settle allegations it failed to properly protect the privacy of nearly 690,000 Garden State policyholders whose personal information was contained on two laptops stolen from the insurer’s Newark headquarters, the state announced Friday.

  • February 17, 2017

    Sears Denied Dismissal Of Suit Over Text 'Bombardment'

    A New Jersey federal judge on Thursday declined to dismiss a proposed class action claiming Sears Holding Corp. bombarded consumers with automated promotional text messages in violation of the Telephone Consumer Protection Act, finding that the claims were sufficient to be heard by the court.

  • February 17, 2017

    Yahoo Execs Put $4.8B Verizon Deal At Risk, Investor Says

    A Yahoo Inc. shareholder on Thursday accused the technology giant’s top executives and directors of releasing misleading reports that Yahoo was unaware of any security breaches when brokering its potential $4.8 billion acquisition by Verizon, despite knowledge of massive cyberattacks that breached billions of consumer accounts.

  • February 16, 2017

    Facebook Escapes TCPA Suit Over Hack-Alert Texts

    A California federal judge on Thursday tossed a proposed Telephone Consumer Protection Act class action against Facebook Inc. from a man alleging he was bombarded with unwanted security notification text messages from the social media giant, saying the man hadn’t shown the alerts were unlawfully autodialed.

  • February 16, 2017

    Calif. Judge Calls Law On Actors’ Ages A Free Speech Threat

    A California federal judge sided with in a hearing Thursday over a state law forcing the website to remove actors’ ages on request, saying the law appeared to violate constitutional free speech protections so clearly that he didn’t even need to hear IMDb’s arguments for a stay.

  • February 16, 2017

    1 Jailed, 2 Get Probation In Hacking-For-Spam Case

    A New Jersey federal judge on Thursday sentenced a programmer and an ex-Comcast worker to probation and another to four years' prison, after they made $2 million sending spam emails from hacked accounts by using personal information from 60 million people that was stolen from corporate databases.

  • February 16, 2017

    EA Wants Quick Win On Claim In Madden Publicity Duel

    Video game maker Electronic Arts Inc. asked a California federal court Wednesday for a partial judgment in a putative class action from a group of retired NFL players alleging the “Madden NFL” games use their likeness without permission, arguing that the visual depictions of former players are generic.

  • February 16, 2017

    Chamber Backs CareFirst In Data Breach Battle At DC Circ.

    The U.S. Chamber of Commerce on Thursday asked the D.C. Circuit to uphold the dismissal of a putative class action against CareFirst BlueCross BlueShield over a 2014 data breach, saying the policyholders suing the insurer can't meet the standing requirements set forth in the U.S. Supreme Court's landmark Spokeo decision and another seminal high court ruling.

  • February 16, 2017

    $5.5M HIPAA Deal Matches Biggest Privacy Payout

    Florida’s Memorial Healthcare Systems has agreed to pay $5.5 million to the federal government to settle allegations that it didn’t properly protect patient data in a record-tying Health Insurance Portability and Accountability Act deal, the feds announced Thursday.

  • February 16, 2017

    Hacker Gets Prison In Bank Data Theft Scheme

    The administrator of two criminal online hacking forums was sentenced on Thursday to 41 months in federal prison for stealing login and payment card data from victims in New Jersey and elsewhere as part of an international hacking conspiracy, U.S. Attorney Paul J. Fishman announced.

  • February 16, 2017

    Navy Commander Charged In 'Fat Leonard' Bribery Scandal

    The federal government said Thursday it has charged a U.S. Navy commander with bribery for allegedly accepting luxury travel, elaborate dinners and the services of prostitutes in exchange for classified and internal Navy information, the latest development in the "Fat Leonard" scandal.

  • February 16, 2017

    Spokeo Dooms CenturyLink FCRA Suit, Judge Says

    An Arizona federal judge held Wednesday that a woman alleging CenturyLink Inc. violated the Fair Credit Reporting Act by obtaining her consumer reports before she placed an order lacks standing under the high court’s landmark Spokeo decision to bring her proposed class action.

  • February 16, 2017

    Fla. High Court Nixes State Farm Bid For Hospital Contracts

    The Florida Supreme Court in a Thursday ruling let a Jacksonville hospital avoid handing over its contracts with health insurance companies in a dispute with State Farm Mutual Automobile Insurance Co. over possible hospital overbilling.

Expert Analysis

  • Illinois Biometrics Legislation Sets Trend

    Kathryn E. Deal

    Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.

  • Google Warrant Case Vs. Microsoft Warrant Case

    Philip J. Bezanson

    The Pennsylvania federal court's recent Google decision may give companies emboldened by the Second Circuit's Microsoft decision pause in deciding whether to resist compliance with what they view as overly broad requests for customer data. However, the different results in the cases may serve as useful guidance for securing data abroad, say Philip Bezanson and Laura Prebeck Hang of Bracewell LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Adapting Supply Relationships To Embrace Disruptive Tech

    Marjorie H. Loeb

    Building connected and autonomous vehicles requires the automotive industry, both manufacturers and traditional component suppliers, to embrace disruptive technology and work hand-in-hand with information technology providers. Bringing together these two spheres, however, will not be without its challenges, say Marjorie Loeb and Linda Rhodes of Mayer Brown LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Developing Trends In Cyberinsurance Litigation: Part 2

    Thomas Rohback

    In the second part of this two-part series, Thomas Rohback and Patricia Carreiro of Axinn Veltrop and Harkrider LLP discuss how traditional insurance coverage decisions impact current and future cyberinsurance litigation. Moving forward, it is likely that many coverage disputes will focus on whether the insured adequately protected its system and data.

  • Net Neutrality And Broadband Privacy Under The New FCC

    Marc S. Martin

    The Federal Communications Commission's new chairman, Ajit Pai, has indicated that he plans to roll back former Chairman Tom Wheeler's actions regarding net neutrality and broadband privacy. Chairman Pai's endorsement of a former Republican FCC chairman, Michael Powell, further suggests that he plans to deregulate broadband internet access services, say Marc Martin and Michael Sherling of Perkins Coie LLP.

  • What To Know About HHS Revised 'Common Rule'

    Abram S. Barth

    Although the U.S. Department of Health and Human Services' final rule modernizing the federal "Policy for the Protection of Human Subjects" does not modify any regulations administered by the U.S. Food and Drug Administration, the rule’s preamble and the recently passed 21st Century Cures Act will compel HHS to revise FDA human subject regulations to be consistent with the final rule, say attorneys with Ropes & Gray LLP.