• 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.

  • May 23, 2017

    4th Circ. Lets Wikipedia Move Forward With NSA Spying Fight

    The Fourth Circuit on Tuesday resurrected a constitutional challenge mounted by Wikipedia's parent company against the NSA’s controversial “upstream” collection of internet communications, but found other groups couldn’t move forward because they relied on a broader surveillance effort that couldn’t be plausibly proven.

  • May 23, 2017

    Buzzfeed Loses Bid To Move Trump-Dossier Defamation Row

    A Florida federal judge on Monday declined Buzzfeed’s request to dismiss or transfer a Russian technology executive’s defamation suit over the publication of his name in a dossier related to President Donald Trump, finding sufficient contacts existed with the Sunshine State.

  • May 23, 2017

    DOJ Antitrust Division, FTC Propose Cutting Employees

    The U.S. Department of Justice’s antitrust division and the Federal Trade Commission on Tuesday recommended that their funding levels be kept mostly the same in fiscal year 2018 but proposed to reduce staffing following President Donald Trump’s request for government agencies to cut federal workers.

  • May 23, 2017

    Steptoe & Johnson Nabs Ex-Katten Muchin TCPA Pro

    Steptoe & Johnson LLP has added a former Katten Muchin Rosenman LLP partner — and former police detective — in Chicago whose experience includes defending for-profit colleges against Telephone Consumer Protection Act claims.

  • May 23, 2017

    Target Pays $18.5M To Settle States' Probe Over 2013 Breach

    Target has reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the states’ investigation into the company’s 2013 data breach — the largest multistate data breach deal ever reached, according to a statement by multiple states’ attorneys general on Tuesday.

  • May 22, 2017

    Hyatt Says It Has Nothing To Do With Fla. FACTA Suit

    Hyatt Corp. told a Florida federal judge Monday that it does not belong in a suit claiming it prints too much information on hotel customers’ credit card receipts, in violation of the Fair and Accurate Credit Transactions Act, arguing it does not own or control the Hyatt Regency Miami where a man bringing the suit allegedly received a bill that put him in danger of identity theft.

  • May 22, 2017

    Dish Network Hit With $61M Treble Damages After TCPA Trial

    A North Carolina federal judge on Monday said Dish Network LLC “repeatedly looked the other way” when one of its marketers was making illegal telemarketing calls, trebling the $20.5 million damages awarded by a jury in the Telephone Consumer Protection Act class action trial.

  • May 22, 2017

    Lewis Brisbois Hires Former Top FBI Cybersecurity Agent

    Lewis Brisbois Bisgaard & Smith LLP has hired a former top Federal Bureau of Investigation cyber agent to its data privacy and cybersecurity practice in New York, expanding its presence on the East Coast, the firm said Monday.

  • May 22, 2017

    BART App Secretly Tracks Users' Personal Data, Suit Says

    The agency tasked with running San Francisco’s Bay Area Rapid Transit and a software developer were hit with a proposed class action in California federal court on Monday over the alleged secret gathering of cellphone owners’ personal data through an application that provides BART transit information and allows users to report incidents.

Expert Analysis

  • A Look At 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.

  • When The Money Is Gone: The Legal Aftermath Of Wire Fraud

    Mariana Bravo

    As wire fraud schemes become more prevalent, everyone involved in a real estate transaction is at risk. Liability will likely depend on, in part, whether the agent, broker or title company employed commercially reasonable security procedures, say Mariana Bravo and Katherine Ondeck of Carr Maloney PC.