• 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

  • 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.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Virtual Reality And The Law: Part 2

    David Fink

    Virtual and augmented reality technologies are here, and are raising very real legal issues. Technology firms and content creators must take care to safeguard private information collected from users, ensure respect for the laws of copyright, trademark and right of publicity, and grapple with moral and legal questions surrounding simulations of illegal acts, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Virtual Reality And The Law: Part 1

    David Fink

    Virtual reality and its cousin, augmented reality, are going mainstream. Many top tech companies are developing VR systems, and firms in many industries have created VR “experiences” for their customers. But this technology raises very real legal issues, especially in the areas of consumer safety, privacy, intellectual property and First Amendment law, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • The Privacy Shield 5 Months Later

    Kim Roberts

    As companies ring in 2017, the challenges of navigating the new rules on transatlantic data transfers under the EU-U.S. Privacy Shield are now starting to emerge, says Kim Roberts of King & Spalding LLP.

  • State Attorneys General Play Growing Data Privacy Role

    Jasen Eige

    State attorneys general play an active role in data privacy and security, bringing evolving state laws and broad consumer protection authority to bear on changing technologies and threats. Private sector custodians of personal data such as retailers, financial institutions, technology companies and health systems must understand the role of state attorneys general before a crisis occurs, say Jasen Eige and Kassie Schroth of McGuireWoods LLP.

  • How To Jump-Start Your Info Governance Initiative

    Linda Sharp

    It is the unstructured data stores — emails, file shares and SharePoint sites — that are ripe for reaping havoc when it comes to meeting the EU General Data Protection Regulation or implementing an information governance initiative, says Linda Sharp, associate general counsel of ZL Technologies.

  • Time Is Running Out For Auto Cybersecurity Standards

    Jonathan Michaels

    According to a new report from Billington Cybersecurity, the automotive industry needs to adopt tougher cybersecurity standards for autonomous vehicles. However, at a time when we cannot wait to create a defense, legislation aimed at establishing federal standards to secure automobiles and protect drivers’ privacy is failing to pass, says Jonathan Michaels of MLG Automotive Law APLC.