• May 25, 2017

    Watchdogs Ask FTC To Investigate TRUSTe Over Child Privacy

    A pair of privacy and consumer protection watchdogs on Thursday called on the Federal Trade Commission to investigate whether TRUSTe Inc. violated a past settlement agreement with the agency by not properly assessing some website operators’ tracking technology under the Children’s Online Privacy Protection Act. 

  • May 25, 2017

    Fla. Hospital Escapes TCPA Suit Over Autodialed Calls

    A Florida federal judge Thursday released Central Florida Regional Hospital from a proposed class action accusing it and debt collector Transworld Systems of violating the Telephone Consumer Protection Act by bombarding consumers with autodialed calls after a former emergency room patient dropped his claims against the hospital.

  • May 25, 2017

    Judge Will OK Wells Fargo Class’ $142M Deal After Tweaks

    A California federal judge on Wednesday declared that he will approve a $142 million settlement in a class action between Wells Fargo and the owners of 3.5 million unauthorized bank accounts that were surreptitiously opened in their names, saying that certain changes need to be made to the settlement first.

  • May 25, 2017

    Staples Unit Strikes Data Breach Deal With CVS Customers

    A Staples Inc. unit that handled website operation and photo management for retailers such as Costco Wholesale Corp. and CVS Health Corp. reached a deal with customers who said they were damaged by a 2015 data breach, according to a motion in Georgia federal court on Thursday.

  • May 25, 2017

    NYPD Can't Cite National Security To Veil Docs, Activists Say

    Activists organizing protests against police brutality have hit the New York City Police Department with a lawsuit arguing authorities can't use a federal national security exemption to duck a public records request for information on whether authorities surveil organizers or use technology to disrupt their communications.

  • May 25, 2017

    3 Nigerians Sentenced In International Cyber Fraud

    A Mississippi federal judge on Wednesday dished out hefty prison sentences ranging from 25 to 115 years to three Nigerian nationals for their roles in a large-scale internet fraud network, where they duped U.S. citizens via romance scams to send money or help carry out the frauds, the U.S. Department of Justice announced.

  • May 25, 2017

    Experian Objects To $14.5M American Eagle TCPA Suit Deal

    Experian Marketing Solutions Inc. on Wednesday filed an objection to the $14.5 million deal reached between American Eagle Outfitters and the proposed class claiming it violated the Telephone Consumer Protection Act, arguing the case should instead be dismissed for lack of a concrete injury.

  • May 25, 2017

    Third Coinbase User Opposes IRS Bid As ‘Fishing Expedition’

    A third anonymous Coinbase customer sought Wednesday to jump into the fray opposing the IRS’ California federal court summons enforcement bid seeking customer names and other information from the virtual currency exchange company, warning of an unconstitutionally intrusive “fishing expedition.”

  • May 25, 2017

    Scottrade Says Customer's Data Breach Claims Again Fail

    Discount brokerage firm Scottrade Inc. urged a Florida federal court Wednesday to toss a proposed class action over a data breach that compromised more than 4.6 million people’s personal information, saying the customer leading the suit has already tried and failed to bring the same deficient claims she alleges now.

  • May 24, 2017

    Used Car Dealer Adds Doubts To Class Bid In Junk Text Suit

    A used-car dealer raised numerous issues Wednesday in federal court in Miami objecting that evidence a Florida man presented in his bid to form a class to pursue claims of Telephone Consumer Protection Act violations over unsolicited text messages, as well as his suitability to lead a class.

  • May 24, 2017

    Ex-Playmate Gets Community Service For Locker Room Pic

    Former Playboy Playmate Dani Mathers copped to an invasion of privacy charge in California state court and will serve 30 days of community service for mocking a woman she’d surreptitiously photographed on social media, Los Angeles City Attorney Mike Feuer said Wednesday.

  • May 24, 2017

    Senate Hears Microsoft's Take On Overseas Data Warrants

    Microsoft’s Chief Legal Officer Brad Smith appeared along with a U.S. Department of Justice official and others on Capitol Hill on Wednesday to offer lawmakers their thoughts on potential legislation that would allow technology companies to comply with warrants for stored data abroad.

  • May 24, 2017

    State AGs Set Data Security Bar With Record $18.5M Pact

    State attorneys general flexed their privacy muscles Tuesday with a record $18.5 million settlement with Target over the retailer's 2013 data breach, highlighting not only a growing willingness to band together to tackle such issues, but also a desire to lay out specific standards that other businesses would be wise to follow.

  • May 24, 2017

    Columbia Says Ex-Worker Must Answer Hacking Row Inquiries

    Columbia Sportswear Co. asked an Oregon federal judge Tuesday to force a former employee to respond to several discovery inquiries in litigation alleging he hacked into the apparel company’s computer system after resigning, saying he can’t invoke his right not to incriminate himself because the questions relate to information he voluntarily provided.

  • May 24, 2017

    O’Melveny Adds IP Special Counsel In Silicon Valley

    O’Melveny & Myers LLP is bolstering its intellectual property and technology practice at its Silicon Valley office with the addition of a veteran advertising and marketing IP special counsel from DLA Piper, the firm announced.

  • May 24, 2017

    NY Hospital To Pay $387K Over Patient Data Disclosure

    A New York hospital will pay more than $387,000 to settle a dispute with U.S. health regulators over allegations that it provided federally protected health information to a patient's employer.

  • May 24, 2017

    9th Circ. Orders New Review Of EEOC's McLane Subpoena

    The Ninth Circuit on Wednesday ordered a trial court to take a second look at whether grocery distributor McLane Co. Inc. must turn over workers' personally identifiable information to the U.S. Equal Employment Opportunity Commission, nearly two months after the U.S. Supreme Court remanded the case for review.

  • May 24, 2017

    House Passes Bill Targeting Marine Nude Photo Scandal

    After months of scandal surrounding the nonconsensual sharing of explicit photos of Marines, the House on Wednesday has passed a bill to make such sharing a crime in the military.

  • May 23, 2017

    Yahoo Says Claims Don't Hold Up In Data Breach MDL

    Yahoo Inc. urged a California federal judge Monday to toss allegations over massive data breaches that reportedly affected more than a billion users, contending that the individuals leading the multidistrict litigation fail in their efforts to hold the company responsible for the highly sophisticated and relentless criminal attacks. 

  • May 23, 2017

    Jones Day Hires Former White House Cybersecurity Official

    Jones Day has hired the former White House senior director for cybersecurity policy at the National Security Council to its office in Washington, D.C., the firm said Tuesday.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • The Next Steps For Biometrics Legislation Across The US

    Justin Kay

    This month, Washington became the third state after Illinois and Texas to enact its own legislation generally governing the collection, use and retention of biometric data. As biometric information becomes more commonplace, there appears to be a renewed focus on the Illinois law, as well as a new impetus in other states to pass similar laws, say Justin Kay and Brendan McHugh of Drinker Biddle & Reath LLP.

  • A Gov't Contractor's Guide To Trump Cybersecurity Order

    Christian Henel

    Although many aspects of the Trump cybersecurity executive order follow along the same lines as the 2013 Obama order, there are three important takeaways for government contractors, says Christian Henel of Kilpatrick Townsend & Stockton LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • What To Look For In Strong Ransomware Insurance

    Evan Bundschuh

    Organizations should take care to avoid developing a false sense of security over the simple placement of ransomware coverage. Terms can vary greatly, so insureds must take a close look at the definitions, terms and conditions to ensure adequate protection, says Evan Bundschuh of Gabriel Bundschuh & Associates Inc.

  • 3 Tips For Using Forensic Firms In Data Breach Response

    Patrick Haggerty

    A company’s ability to quickly and efficiently conduct a forensic investigation is critical to limiting the impact of a data security incident and determining the scope of the incident, says Patrick Haggerty of BakerHostetler.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Phishing For Coverage Under Crime Policies

    Marc Schein

    Companies victimized by phishing have sought coverage under the computer provisions of their insurance policies for their losses, but they have met with no success. Help may be on the way, as some insurance companies are starting to include phishing coverage in their crime policies, say Marc Schein of Marsh & McLennan Cos. Inc. and Robert Chesler of Anderson Kill PC.

  • In Congress: Budget, Health Care, Comey

    Richard Hertling

    As we approach the Memorial Day recess, President Trump’s firing of FBI Director James Comey and allegations that the president sought to stop the FBI from investigating former National Security Advisor Michael Flynn’s potential ties to Russia remain at the top of the news cycle and threaten to derail Republican efforts to pursue health care and tax reform, among other priorities, say Richard Hertling and Kaitlyn McClure of Covingt... (continued)

  • The Turning Tides Of TCPA Litigation

    Sarah Jacobson

    The Telephone Consumer Protection Act has become a hotbed for litigation in recent years. The question now is whether litigation will be tempered by the recent and anticipated shake-ups in regulations promulgated by the Federal Communications Commission, say Sarah Jacobson and Sherry Xia of Haynes and Boone LLP.