• January 19, 2017

    Securus, Private Prisons Co. Facing Another Recording Suit

    Prison phone service provider Securus Technologies Inc. and the successor to the Corrections Corporation of America Inc. were hit with another suit Wednesday alleging illegally recorded communications between attorneys and their clients, with a proposed class action filed by a pair of litigators in Kansas federal court.

  • January 18, 2017

    Ikea Ruling Puts Stamp On Novel Post-Spokeo Strategy

    The Ninth Circuit on Friday backed an Ikea shopper's unorthodox argument that her ZIP code collection claims against the retailer should return to state court because she lacked standing to pursue them in federal court, giving ammunition to a class action litigation strategy many predicted would gain traction in light of the U.S. Supreme Court's Spokeo ruling.

  • January 18, 2017

    GOP Lawmaker Takes Aim At FCC Station Reporting Rule

    The Republican head of House Energy and Commerce's Communications and Technology Subcommittee introduced a bill Tuesday that would forcibly revoke a Federal Communications Commission ownership reporting requirement for noncommercial educational TV station board members, blasting the requirement as “onerous” and a threat to privacy.

  • January 18, 2017

    Anthem Customer Asks To Nix Claims After 'Invasive' Data Bid

    A named plaintiff in litigation over Anthem’s 2015 data breach asked a California federal judge to toss his claims Tuesday, saying a request that he allow the replication of his computer’s files and data is too invasive, considering that entrusting the company with his personal information previously led to him suffering identity theft.

  • January 18, 2017

    Lenovo Seeks To Slim Class Action Over Hidden Adware

    Computer manufacturer Lenovo asked a California federal judge Tuesday to toss part of a lawsuit alleging the company installed hidden adware with security vulnerabilities on laptops it sold, saying class members don’t have standing to bring claims based on security issues.

  • January 18, 2017

    Noodles & Co. Wants Credit Unions' Card Breach Suit Trashed

    Noodles & Co. urged a Colorado federal judge Tuesday to dismiss a group of financial institutions’ proposed class action claiming the fast-casual chain’s negligence surrounding a recent payment card breach exacerbated their losses, saying the laws of each company's state bar the allegations.

  • January 18, 2017

    Spokeo Can't Shield TransUnion In FCRA Suit, Judge Says

    A federal magistrate judge concluded Wednesday that the U.S. Supreme Court's recent Spokeo decision, on the hurdle plaintiffs must clear to bring successful Fair Credit Reporting Act claims, did not wipe out a proposed class action accusing TransUnion of providing incomplete information to consumers.

  • January 18, 2017

    DHS Proposes Rules For Contractors To Protect Sensitive Info

    The U.S. Department of Homeland Security on Wednesday proposed rules that would expand security and privacy requirements for contractors, a move that's part of the agency's efforts to safeguard sensitive government information.

  • January 17, 2017 Worker Pleads Guilty In Bitcoin Fraud Scheme

    A Florida man accused of helping criminals launder money through unlicensed bitcoin exchange site pled guilty to seven criminal counts including wire fraud in New York federal court on Tuesday, according to federal prosecutors.

  • January 17, 2017

    Miss. AG Hits Google With Suit Over Student Data Collection

    Mississippi’s attorney general is targeting Google over its collection and use of public school students’ personal information and search history, claiming in a suit filed in state court Friday the tech giant is unlawfully leveraging this data to build advertising profiles and gain an unfair advantage over its competitors.

  • January 17, 2017

    LabMD Steps Up Bid For Quick Appeal In Tiversa Fraud Row

    LabMD on Friday doubled down on its bid to take to the Third Circuit a ruling that shot down most of its defamation and fraud claims against Tiversa in a dispute over a leaked patient data file, telling a Pennsylvania federal court that Tiversa has no grounds to block the move.

  • January 17, 2017

    Obama Commutes Chelsea Manning's Prison Sentence

    President Barack Obama on Tuesday commuted the sentence of Chelsea Manning, the soldier convicted of leaking a trove of classified information to the website WikiLeaks, according to media reports. 

  • January 17, 2017

    Sentara Vendor Breach Exposes 5K Hospital Patients' Data

    A third-party vendor used by Sentara Healthcare recently experienced a data breach that exposed more than 5,000 Sentara patients' names, dates of birth, Social Security numbers and other personal data, the health care provider revealed on Monday.

  • January 17, 2017

    Sausage Co. Says Insurer Owes In Money-Transfer Scam

    Quality Sausage Co. and a subsidiary filed suit against Twin City Fire Insurance Co. in Texas federal court Friday, alleging that the insurer wrongfully denied coverage after a hacker tricked one of the unit’s employees into transferring $1 million out of a client’s bank account.

  • January 17, 2017

    Green Dot Atty Faces DQ Bid In Prepaid Card Fraud Suit

    A proposed class of consumers suing Green Dot Corp. and the retailers that sold its reloadable prepaid cards for fraud told a federal judge in Texas Monday that it should disqualify the firm Tillotson Law from representing Green Dot because it didn't tell the other retail defendants about a settlement offer.

  • January 17, 2017

    Blue Shield Escapes TCPA Class Action Over Single Call

    A California federal judge last week gave Blue Shield a quick win in a proposed class action accusing the insurer of violating the Telephone Consumer Protection Act based on a single recorded phone call about plan renewal, saying common sense concludes a purely informational call isn’t an ad.

  • January 17, 2017

    HHS Pact Shows Data Breach Reporting Can't Fall Off Radar

    The U.S. Department of Health and Human Services recently dinged an Illinois-based hospital network for allegedly failing to timely report a breach of more than 800 patients' private information, signaling that even unintentional missteps that affect a relatively small number of individuals won't escape the regulator's watchful eye.

  • January 17, 2017

    LifeLock Can't Revive False Ad Suit Coverage Bid

    A New York appellate court on Tuesday rejected identity theft protection company LifeLock Inc.'s bid to revive its suit seeking coverage from Lloyd's of London underwriters for defense costs in a civil suit and related class actions over purportedly misleading claims, holding that a pair of policy exclusions preclude coverage.

  • January 13, 2017

    Spokeo May Bump Ikea Shopper's Suit To State Court: 9th Circ

    The Ninth Circuit on Friday granted an Ikea shopper’s request to ship her decertified class action back to district court for dismissal, opening the possibility for her to raise the issue in state court after the U.S. Supreme Court’s decision in Spokeo, which set a higher bar for claims of harm.

  • January 13, 2017

    11th Circ. Revives Suit Alleging JPMorgan Aided $1.3M Scam

    The Eleventh Circuit on Friday revived a Florida man’s suit accusing JPMorgan Chase of helping a fraudster siphon $1.3 million of his money out of a Chase account, ruling the man had presented sufficient evidence that bank employees knew a scam was underway. 

Expert Analysis

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Expect Continued Aggressive Enforcement Under Bharara

    Nicholas Lewis

    The beginning of 2017 brings with it significant changes to the government as a whole and the U.S. Department of Justice in particular, but one constant in this time of change is the U.S. Attorney’s Office for the Southern District of New York. Recent developments reflect a seal of approval for that office’s aggressive enforcement approach under Preet Bharara, says Nicholas Lewis of McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Death Knell For The Telephone Consumer Protection Act

    Lewis S. Wiener

    The Telephone Consumer Protection Act is generally considered a popular, pro-consumer statute, but the law may be dramatically altered following power shifts in Congress and the Federal Communications Commission. It is increasingly likely that the TCPA will transform to address existing criticism and to reflect changes in technology since the law's passage in 1991, say attorneys from Sutherland Asbill & Brennan LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Evidence Substantiation Burden May Soon Shift To FTC

    Margaret E. Krawiec

    To date, questions about how the Trump administration will impact the Federal Trade Commission have focused primarily on antitrust issues, but clues to how the new administration will affect consumer protection issues might be found by examining the record of former Commissioner Joshua Wright, whom Trump has named to lead the FTC transition efforts, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • What Trump High Court Candidates Say About 1st Amendment

    Gayle C. Sproul

    As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.

  • New York Revises Cybersecurity Proposal: A Closer Look

    Michael A. Mancusi

    Although the revised version of New York's proposed cybersecurity regulations addresses several areas of concern or confusion for financial services firms, certain questions of scope and liability remain. In addition, the revised proposal's requirements remain extensive, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • The Serious And Immense Impact Of A Medical Device Hack

    Charles J. Andres

    A host of different government agencies enforce laws that impose obligations for companies that manufacture and sell medical devices to the public. Attorneys at Wilson Sonsini Goodrich & Rosati PC explore the many different ramifications of a medical device hack and provide some suggestions on planning for and responding to such a breach.