• February 22, 2017

    FTC Secures Deal To End Probe Over APEC Privacy Compliance

    A trio of U.S. companies have agreed to resolve the Federal Trade Commission's allegations that they deceived consumers about their participation in the Asia-Pacific Economic Cooperation’s voluntary cross-border privacy rules system, which is designed to protect data that flows between the regions, the regulator said Wednesday.

  • February 22, 2017

    NY Data Security Rules Spur Broad Cyberinsurance Needs

    With new cybersecurity rules in New York for banks and insurers giving plaintiffs' attorneys more ammunition to pursue claims over data breaches, financial services firms and their vendors should closely scrutinize their insurance policies to ensure sufficient protections are in place to cover potential legal exposures, lawyers say.

  • February 22, 2017

    D-Link Says FTC Still Hasn't Shown Harm In Data Security Row

    Connected device manufacturer D-Link Corp. has doubled down on its bid to shake the Federal Trade Commission's claims that it put consumers' privacy at risk by failing to properly secure its products, arguing Tuesday that the commission couldn't use press reports about generalized security vulnerabilities and harm to fill "gaping holes" in its complaint. 

  • February 22, 2017

    Redstone Needs Mental Exam, Ex-GF Argues In Elder Abuse Row

    Sumner Redstone's ex-girlfriend Sydney Holland urged a California judge Wednesday to order an independent medical examination of the nonagenarian billionaire in his $150 million elder abuse suit against Holland and another ex-girlfriend, arguing there is circumstantial evidence of a recent “precipitous” decline in the former media mogul's health.

  • February 22, 2017

    Amazon Fights For Claim Procedure In FTC's App Row Inc. blasted the Federal Trade Commission’s challenge to the company’s proposed claims process for customers charged for unauthorized app purchases by their children, arguing Tuesday that allowing consumers more than one online refund submission, as the agency demands, would encourage fraud.

  • February 22, 2017

    Judge Blocks Calif. Law Against Disclosure Of Actors’ Ages

    A California federal judge Wednesday stopped enforcement of a new California law preventing online entertainment industry databases such as IMDb from including actors’ ages on their sites, saying the statute violates constitutional free speech protections and doesn’t address its stated goal of preventing age discrimination.

  • February 22, 2017

    NJ Time Limit Backs Cert. Bid In Avis Fee Suit, Court Told

    Car renters alleging that Avis Budget Group Inc. didn’t tell them they would be charged for an electronic toll-payment service told a New Jersey federal judge Tuesday that a recent case in the state Supreme Court supports their bid for class certification because their contract claims are timely.

  • February 22, 2017

    Viacom Urges NJ Court To Toss Child Tracking Privacy Row

    Counsel for Viacom Inc. urged a New Jersey federal court Wednesday to toss the sole remaining claim in a putative class action accusing Nickelodeon of tracking the online activity of children under 13, arguing that the media company only collected anonymous information that could not be used to identify users.

  • February 22, 2017

    Wells Fargo To Pay $2M In TCPA Student Loan Call Suit

    Wells Fargo Bank N.A. will pay $2 million to around 446,000 consumers to end a Telephone Consumer Protection Act suit brought by student loan borrowers who say they were called with automatic dialers, according to a settlement filed in Georgia federal court on Wednesday.

  • February 22, 2017

    Ex-Locke Lord Privacy Head, 3 Others Join Reed Smith

    A pair of seasoned environmental and privacy litigators, including the former leader of Locke Lord’s cybersecurity practice, and two experienced associates have landed at Reed Smith LLP, bolstering the firm’s already deep 60-attorney office in Houston, according to an announcement on Tuesday.

  • February 22, 2017

    Colts Phone-Recording Suit Punted From Mass. To Ind.

    A Massachusetts federal judge transferred a proposed class action against the Indianapolis Colts and the maker of its fan app to Indiana federal court on Wednesday, siding with the team and the developer in their bid to transfer the suit accusing them of illegally recording consumers’ conversations.

  • February 21, 2017

    IPhone Unlock Request In Child Porn Probe Too Broad: Judge

    An Illinois federal judge has refused to allow the federal government to force anyone present at the premises linked to a child pornography probe to provide fingerprints to unlock iPhones or other Apple devices that investigators may turn up, ruling the lack of specifics doomed the sweeping request.

  • February 21, 2017

    Sidley-Authored Report On 9/11-Era Torture Defamatory: Suit

    A group of psychologists accused a Sidley Austin LLP attorney of crafting a report for the American Psychological Association that unfairly laid the blame on them for interrogation tactics used by the U.S. military after the 9/11 attacks, saying in an Ohio suit that he ignored evidence and bolstered a story by the doctors’ critics.

  • February 21, 2017

    Gov't Must Produce Some Anthem Audit Docs In Breach MDL

    A D.C. federal judge on Tuesday granted a portion of a request by consumers suing insurer Anthem Inc. over its massive 2015 data breach for access to documents stemming from a government audit of the insurer’s systems in 2013, but found that some of the sought-after material was protected.

  • February 21, 2017

    Senator Questions Border Electronics Searches

    A U.S. senator on Monday questioned the government’s authority to collect information from people detained at U.S. borders in response to media reports that U.S. Customs and Border Protection officers may be asking for cell phone passcodes and social media handles.

  • February 21, 2017

    EU Regulators Lay Out Plan For Tackling Privacy Shield Rows

    Europe's data protection regulators on Monday rolled out a plan for addressing consumer complaints that arise under the new Privacy Shield pact that allows multinationals to transfer data between the EU and U.S., saying at least three authorities would be charged with weighing in on disputes within 60 days.

  • February 21, 2017

    Dem Lawmakers Call For New FCC Head To Act On Robocalls

    Sen. Edward Markey, D-Mass., led a group of nine senators in urging action from new Federal Communications Commission Chairman Ajit Pai to help consumers avoid robocalls, robotexts and telemarketing calls, praising the chairman’s commitment on the issue.

  • February 21, 2017

    New Bill Targets Warrantless GPS Tracking, Stingrays

    A bipartisan bill introduced in both houses of Congress on Wednesday would bar the tracking of a person using GPS technology without permission or a warrant — particularly law enforcement use of stingray technology that tricks phones into transmitting location information to a third party.

  • February 21, 2017

    Justices Offer Skeptical Look At EEOC Subpoena Power

    The U.S. Supreme Court appeared skeptical Tuesday over whether the U.S. Equal Employment Opportunity Commission should be afforded broad authority to subpoena personnel information, as the justices considered whether appellate courts should use a deferential standard to review the enforcement of subpoenas.

  • February 21, 2017

    Facebook Seeks 9th Circ. Take In Birthday Text Row

    Facebook asked a California federal judge Friday to certify for appeal his refusal to toss a putative class action claiming text message reminders about friends’ birthdays violate the Telephone Consumer Protection Act, saying the technology used to send the messages and the constitutionality of the law itself are both ripe for appeal.

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Japan's High Court Weighs In On Right To Be Forgotten

    Gretchen Ramos

    A recent decision from Japan’s highest court is inconsistent with how many countries view the right to be forgotten. It might signal trouble for EU-Japanese data transfers, say Gretchen Ramos and Jolin Lin of Squire Patton Boggs (US) LLP.

  • Leveraging Trademark Law To Commercialize A Meme

    Catherine V. Riley

    Memes provide an enticing marketing opportunity, but navigating commercialization is complicated. If you have the luck and creativity to create a viral meme, using trademark protection, while still promoting its continued fair use, may be an effective route for ultimately capturing its commercial value, say Catherine Riley and Dorna Mohaghegh of Frankfurt Kurnit Klein & Selz PC.

  • The Quadrennial Energy Review And Grid Security

    William Demarest, Jr.

    The most recent installment of the U.S. Department of Energy’s Quadrennial Energy Review includes a number of recommendations for physical and cybersecurity protection of the nation's power infrastructure. Although the report recommends developing and implementing "necessary" security measures, it provides limited details in some areas, and does not identify revenue sources for some initiatives, say attorneys from Husch Blackwell LLP.

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • Van Patten V. Vertical Fitness Is No TCPA Killer

    David Martinez

    As Telephone Consumer Protection Act litigation continues to grow at a staggering rate, the Spokeo defense remains an intriguing, if unsettled, means of attacking TCPA claims in federal court. Van Patten v. Vertical Fitness might not be the TCPA killer defendants have hoped for, but it is at the very least a welcome refuge for companies under siege, say Michael Reif and David Martinez of Robins Kaplan LLP.

  • How The GDPR Will Impact Life Sciences And Health Care

    Rohan Massey

    The European Union's General Data Protection Regulation will considerably increase the sanctions and penalties that can be imposed on organizations that breach its requirements. The implications for organizations operating in the life sciences and health care sectors are likely to be particularly far-reaching, say attorneys with Ropes & Gray LLP.

  • 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.