• March 22, 2017

    Marketing Co. Says It's The Victim In Spamming Accusations

    A Washington-state-based marketing firm that made headlines earlier this month when a known security researcher alleged it was operating a massive, illegal spam operation involving 1.4 billion email accounts filed a lawsuit Tuesday contending it was actually the victim of an elaborate setup involving a cyberattack.

  • March 22, 2017

    NY Data Breaches Soared To Record Levels In 2016, AG Says

    Fueled by hacks and employee negligence, reports of data security breaches impacting New York state residents jumped by 60 percent to hit an all-time high in 2016, with businesses disclosing nearly 1,300 incidents that compromised 1.6 million residents’ financial and other personal data, the state’s attorney general said Tuesday.

  • March 22, 2017

    O'Melveny Nabs Top Cybersecurity, Tech Atty From DHS

    The U.S. Department of Homeland Security's highest-ranking attorney for cybersecurity and technology matters is joining O'Melveny & Myers LLP in the firm's Washington, D.C., office, where he will bring both the government and corporate perspective on a spectrum of privacy and policy issues, the firm announced Tuesday.

  • March 22, 2017

    ‘Drone Slayer’ Escapes Federal Lawsuit Over Air Rights

    A Kentucky federal judge on Tuesday tossed a drone pilot’s suit over the downing of an unmanned aircraft by a homeowner’s shotgun blast, unconvinced the owner’s claim that the drone was in federal airspace grants jurisdiction to the district court in the case.

  • March 22, 2017

    Border Smartphone Searches Need A Warrant, 4th Circ. Told

    The American Civil Liberties Union, the Electronic Frontier Foundation and other advocacy groups have urged the Fourth Circuit to side with a man convicted of illegally smuggling firearms parts out of the country, a conviction based in part on a border search of his smartphone without a warrant.

  • March 22, 2017

    Class Seeks Certification In Bank Autodialing Suit

    A woman leading Telephone Consumer Protection Act litigation against First Community Bancshares Inc. and a subsidiary has asked a New Mexico federal judge to certify a class of consumers whose cellphones were bombarded with autodialed calls even after they told the bank it had the wrong number.

  • March 21, 2017

    Ill. Justices Mull FOIA Liability Of HS Sports Association

    The Illinois Supreme Court on Tuesday considered whether to force the governing entity of competitive high school sports and activities in Illinois to open its books and financial records in a case that alleges the Illinois High School Association is subject to Freedom of Information laws.

  • March 21, 2017

    Subway Strikes Record $30M Deal In FACTA Receipt Suit

    Subway has struck a nearly $31 million settlement with a putative class of customers who allege the sandwich chain unlawfully printed full credit card expiration dates on receipts, marking the largest-ever settlement under the Fair and Accurate Credit Transactions Act, according to a Florida federal court filing Tuesday.

  • March 21, 2017

    Facebook Wants 9th Circ.'s Take On TCPA In Spam Text Row

    Facebook pressed for permission Tuesday to appeal to the Ninth Circuit a ruling upholding claims that it sent unsolicited “status update” messages to cellphones, arguing the decision raised questions about what constitutes an autodialer under the Telephone Consumer Protection Act and whether the statute passes constitutional muster.

  • March 21, 2017

    Consumer Slams Twilio's Bid To Exit TCPA Lawsuit

    A Washington consumer accusing Twilio Inc. of violating the Telephone Consumer Protection Act by texting him without consent told a federal judge Monday he’d more than adequately pled non-frivolous, plausible claims and urged denial of the software company’s dismissal bid.

  • March 21, 2017

    MasterCard, Visa Seek Transfer Of Chip Card Antitrust Suit

    Visa and MasterCard on Monday urged a California federal judge to shift an antitrust lawsuit against them by a group of merchants over to the Eastern District of New York, where they say multidistrict litigation accusing them of wrongly passing on card liabilities to retailers already exists.

  • March 21, 2017

    Wendy's Slims Beefed-Up Data Breach Spat For Now

    A Florida federal judge on Tuesday trimmed a proposed class action against Wendy’s over a data breach, concluding that the consumer leading the suit has fixed previous standing issues but finding claims for violations of several states’ consumer protection and data breach statutes lacking.

  • March 21, 2017

    9th Circ. Stands By Reviving FCRA Suit Over Liability Waiver

    The Ninth Circuit declined Monday to rethink reviving litigation alleging that a subsidiary of oil field services giant Schlumberger Ltd. violated the Fair Credit Report Act by failing to comply with disclosure requirements before procuring consumer reports for employment purposes, amending its previous opinion to further explain why a job applicant had standing.

  • March 21, 2017

    3rd Circ. OKs Contempt Order Over Locked Hard Drives

    The Third Circuit upheld in a precedential ruling Monday a lower court's decision to hold a John Doe in contempt for refusing to unlock two external hard drives during a child pornography investigation, finding that the court’s decryption order doesn’t violate Doe’s Fifth Amendment rights.

  • March 20, 2017

    Justices Asked To Tackle Spokeo Divide In Card Receipt Row

    A man who accused a Native American tribe-owned restaurant of failing to properly truncate customer receipts is asking the U.S. Supreme Court to review the toss of his claims, arguing that the dispute presents a golden opportunity to settle the divide among lower courts prompted by last year's Spokeo decision. 

  • March 20, 2017

    Patients In Ala. Hospital Data Theft Row Win Class Cert.

    An Alabama federal judge on Friday certified two subclasses of patients who are accusing Flowers Hospital of negligence and breach of contract for its part in a former worker’s theft of their personal information, ruling that individualized questions about causation and damages weren't enough to derail class certification.

  • March 20, 2017

    High Court Refuses Credit-Card Receipts Suit Against Tribe

    The U.S. Supreme Court declined Monday to hear a case brought by a man who alleged the Oneida Tribe of Indians in Wisconsin illegally printed too much credit card information on receipts, letting stand the decision by two lower courts that the tribe, as an independent nation, was precluded from a federal law governing credit reporting. 

  • March 20, 2017

    Landowners Ask Justices For Single-Parcel Takings Analysis

    A Wisconsin family denied the ability to sell off waterfront property under local regulations made its case to the Supreme Court on Monday that courts should look at individual parcels in takings analyses, an argument that could have sweeping implications for eminent domain law if embraced by the justices.

  • March 20, 2017

    Wells Fargo Can't Beat Pay-Processing Junk Fax Suit

    A credit card terminal company that contracts with Wells Fargo to process merchant payments has lost its bid to dismiss a putative class action over junk faxes, with an Illinois federal judge finding the complaint made clear enough allegations of legal liability.

  • March 20, 2017

    Jimmy Choo Customer Balks At FACTA Class Settlement

    A would-be class member in a proposed class action accusing luxury shoe brand Jimmy Choo of printing sensitive data on credit card receipts has objected to a proposed $2.5 million settlement, complaining about the payouts to the named plaintiff and class counsel and raising questions about their motivations.

Expert Analysis

  • New NY Cybersecurity Regs Will Have National Reach

    Romaine Marshall

    Given the national reach of the New York Department of Financial Services, the impact of New York's new cybersecurity regulations for the financial services sector will be felt far beyond the state of New York. The new rules may drive similar changes to other state and federal information protection laws, becoming the baseline standard for the industry, say Romaine Marshall and Matt Sorensen of Holland & Hart LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • How EU Data Privacy Reform Will Impact US Telecom Cos.

    Linda V. Priebe

    It's no secret that a new European Union and European Economic Area data protection regulation will go into effect next year. What is not clearly understood is that U.S. communications companies without any EU/EEA customers of their own, may find themselves subject to the new general data protection regulation simply because their U.S. customers have customers in the EU/EEA, says Linda Priebe of Culhane Meadows PLLC.

  • NY Life Settlement And Cybersecurity Compliance

    Theodore P. Augustinos

    Attorneys with Locke Lord LLP explain the New York Department of Financial Service's new cybersecurity regulations and discuss the immediate actions that life settlement providers and brokers should take in order to comply.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • NY Cybersecurity Regulations Will Affect Health Care Sector

    Tracy E. Miller

    New York state's new cybersecurity regulations are far more prescriptive than preceding regulatory schemes, including the security requirements of the Health Insurance Portability and Accountability Act. Health care providers will face significant new obligations, says Tracy Miller, co-leader of Bond Schoeneck & King PLLC's cybersecurity and data privacy practice.

  • Int’l Travelers, Beware Digital Device Searches At Border

    Behnam Dayanim

    In light of the recent executive order on terrorism and immigration, travelers, including attorneys who may be carrying sensitive privileged information, should be increasingly aware of their rights — or lack thereof — at the border, say Behnam Dayanim and Ashley Pyon of Paul Hastings LLP.

  • Gorsuch's Originalism In The Age Of Bytes And Blockchains

    April Doss

    With U.S. Supreme Court confirmation hearings for Neil Gorsuch kicking off this week, it’s worth considering how his originalist philosophy might affect cases addressing individual privacy, government surveillance and private sector use of rapidly changing technologies. When people need practical solutions to legal questions at the intersection of modern technology, privacy and the law, originalism frequently fails, says April Doss... (continued)

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.