• April 21, 2017

    Lifelock Investors Take FTC Compliance Suit To 9th Circ.

    Lifelock Inc. investors urged a Ninth Circuit panel Friday to revive their putative securities class action alleging the identity theft protection company lied about its compliance with a Federal Trade Commission false advertising order, arguing a lower court judge wrongly inferred facts when she found its statements weren’t misleading.

  • April 21, 2017

    9th Circ. Standing Ruling Saves Axed TCPA Suit, Judge Says

    A California federal judge Friday reversed his decision to toss a putative class action accusing a car dealership and its marketing partner of violating the Telephone Consumer Protection Act by pestering consumers with automated calls, ruling that a recent Ninth Circuit ruling upended his determination that the plaintiffs didn’t have standing.

  • April 21, 2017

    LexisNexis Provided Outdated Info To Lender, FCRA Suit Says

    A Virginia consumer has launched a proposed federal class action accusing a LexisNexis subsidiary of furnishing to Capital One a consumer report that contained outdated bankruptcy information in violation of the Fair Credit Reporting Act, which resulted in the denial of a home equity loan.

  • April 21, 2017

    Nat'l Intel Chief Urges Congress To Reauthorize Spy Powers

    The Office of the Director of National Intelligence is pushing Congress to take action on reauthorizing the FISA Amendments Act, telling lawmakers in a 10-page fact sheet the law is crucial to national security.

  • April 21, 2017

    Cert. Sought In Fight Over GoDaddy's Microsoft Office Sales

    A business legal services provider asked an Arizona federal judge Thursday for class certification in litigation accusing domain registrar and web hosting company of selling Microsoft Office products lacking certain features, saying every class member has exactly the same grievance.

  • April 20, 2017

    Judge OKs $25M TCPA Deal Over Health Service Faxes

    A California federal judge has granted preliminary approval to a $25 million settlement between a health care consulting group and a health care provider in a proposed class action claiming the consulting group sent unsolicited junk faxes promoting various health services, in violation of the Telephone Consumer Protection Act.

  • April 20, 2017

    'Culture Shift' Driving NSA, CIA, FBI To Be More Open

    The National Security Agency, Central Intelligence Agency and FBI are working to buck a longstanding culture of secrecy and are striving to share more information with the public about their data surveillance practices and accompanying privacy safeguards, agency officials said Thursday.

  • April 20, 2017

    Auto Parts Co., Class Near $3.3M Deal In Junk Fax Suit

    A building supply company at the head of a class action asked an Illinois federal court Thursday to approve a roughly $3.3 million settlement resolving its claims that LKQ Corp. sent unsolicited fax ads, saying the deal is a great result considering the uncertainty these sorts of claims face following a recent D.C. Circuit decision.

  • April 20, 2017

    Facebook Users Fight To Stop Health Sites' Data Sharing

    A proposed class of Facebook users urged a California federal judge Thursday to block health websites from sharing individual users' browsing data with the social media giant, saying the data exchange is an invasion of privacy and “the internet isn’t going to break” if their request is granted.

  • April 20, 2017

    DHS Official Says Cyberthreat Info-Sharing Efforts Growing

    The U.S. Department of Homeland Security’s deputy director for privacy said Thursday that more than 100 companies in the health, finance and a range of other sectors are actively participating in a voluntary program established by Congress in 2015 that enables them to share and receive cyberthreat information from the government.

  • April 20, 2017

    Models Say Swingers Club Manager Can’t Leave Ad Suit

    More than two dozen models have asked a Florida federal court to reject a request by a Miami swingers club manager to drop her from their suit alleging their images were used in advertising for the venue without permission, asserting that she was just as culpable as her businesses.

  • April 20, 2017

    $56M Robocall Settlement Fee Objector Demands Own Fees

    The jockeying over attorneys' fees for a $56 million-plus TCPA settlement took a new turn Wednesday, when an objector to the original fee bid took partial credit for its subsequent slashing and said it now deserves its own fee award.

  • April 20, 2017

    Panel Says Judge, Not NJ Transit, To Redact Harassment Docs

    A state appeals panel Thursday ruled that a trial court judge must review and redact sexual harassment complaints against NJ Transit before they’re provided to a fired supervisor to potentially bolster her own case against the agency, citing the privacy concerns for the other potential victims.

  • April 20, 2017

    Google Must Give Gov't Overseas Data, Judge Says

    A California magistrate judge on Wednesday denied Google’s bid to slip a search warrant requesting certain user content stored overseas, holding that the tech giant must produce all responsive information that is retrievable from the United States, regardless of where it is stored.

  • April 20, 2017

    SEC Suits Over Cyber Reporting Could Be On Horizon

    The U.S. Securities and Exchange Commission has yet to lodge a formal enforcement action against a public company for failing to report cyber incidents and risks, but that could change soon, the agency’s acting enforcement chief warned Thursday, adding that she could “absolutely” envision circumstances where one would be necessary.

  • April 19, 2017

    Hulk Hogan, Billionaire Slam Gawker For Info Hunt

    The three victorious parties in the lawsuit that brought down Gawker Media LLC ­­— wrestler Hulk Hogan, his attorneys at Harder Mirell & Abrams LLP and billionaire Peter Thiel — all pushed back in New York bankruptcy court Tuesday against Gawker's request for discovery, calling it a last-gasp effort to lash out at Thiel for financing the case.

  • April 19, 2017

    FTC Head Says Privacy 'Harm' Lines Will Soon Be Clearer

    Acting Federal Trade Commission Chairman Maureen Ohlhausen said Wednesday that the agency will wrap up by the end of the year a project to determine what types of consumer injuries are sufficient to support privacy and data security claims, an effort she says is vital to ensuring consistent enforcement. 

  • April 19, 2017

    Bose, Secret Messaging App Hit With Privacy Suits

    Bose is facing a putative class action accusing it of secretly collecting and sharing information about app users' listening habits, and a private messaging app believed to be used by members of the Trump administration will soon be hit with a separate suit over its alleged failure to adhere to its privacy promises, attorney Jay Edelson said Wednesday. 

  • April 19, 2017

    Facebook, Consumer Spar Over Autodialer In TCPA Text Row

    The consumer accusing Facebook of sending unsolicited text messages that violate the Telephone Consumer Protection Act told a California federal judge on Tuesday that the social media giant was overplaying the necessity of a mid-litigation appeal of an order rejecting its bid to dismiss the suit, which questioned the TCPA's definition of an automatic telephone dialing system.

  • April 19, 2017

    EU Regulator Says Trump Mum On 'Privacy Shield' Pledges

    The European data protection supervisor said Wednesday that he is still "waiting for a phone call" from the Trump administration about whether and how officials will continue to adhere to commitments regarding government surveillance that the prior administration made last year to secure the EU-U.S. Privacy Shield data transfer agreement.

Expert Analysis

  • Navigating Bid Protests Caused By DOD Cybersecurity Rules

    Robert Metzger

    The challenges faced by contractors in implementing new U.S. Department of Defense cybersecurity requirements are likely to result in adverse agency evaluations of proposals, which will form the basis for bid protests. Perceived defects in an awardee’s cybersecurity are also certain to be exploited by unsuccessful offerors seeking fodder for bid protests, say attorneys with Rogers Joseph O'Donnell PC.

  • What To Know About The 48th State Breach Notification Law

    Emily Westridge Black

    Unless and until a federal law creates a single data breach notification standard, companies must understand how to comply with each applicable state law. Enacted a few weeks ago, New Mexico’s Data Breach Notification Act has several unique characteristics, say attorneys with Haynes and Boone LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Data Portability Issues In US Foreshadow Challenges In EU

    Chris Hydak

    While multinational and EU businesses are beginning to ponder the substance and the scope of the requirement to provide “data portability” under Article 20 of the General Data Protection Regulation, U.S. financial institutions and data aggregators have been actively debating and shaping the contours of data portability for close to a decade, says Chris Hydak, an attorney at USAA.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • AGs Weave Themselves Into Patchwork Of Digital-Health Regs

    Barry H. Boise

    Recent settlements reached between three health app developers and New York Attorney General Eric Schneiderman underscore the intense regulatory interest in the digital health arena. They also add to the growing concerns health app developers should consider when developing products, say attorneys with Pepper Hamilton LLP.

  • The Evolving Legal Landscape For Connected Products

    Sheila Millar

    As the internet of things continues its rapid expansion into homes, cars and offices, manufacturers must understand how safety, compliance and customer satisfaction depend on the software used to make a product “connect.” But they must also consider rules and regulations affecting the product itself — from physical safety standards to limits on chemical ingredients, says Sheila Millar of Keller and Heckman LLP.

  • Calif. Legislature Takes Aim At IoT Security

    Scott Lyon

    California recently introduced Senate Bill 327 which, among other provisions, imposes requirements on manufacturers to equip internet of things devices with reasonable security features. However, the amorphous concept of "reasonable security features" poses a challenge to those seeking to comply, says Scott Lyon of Sedgwick LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Understanding The Challenges Of Strong Encryption: Part 2

    David Kalat

    Considering the inherently weak keyspace and bit strength of phone PINs, the FBI estimated that they could have cracked the infamous San Bernardino iPhone within 30 minutes. However, distinct security protocols largely unique to mobile devices can turn brute force attempts to unlock a phone into a forensic game of Russian roulette, says David Kalat of Berkeley Research Group LLC in the second half of this two-part article.