• February 16, 2017

    11th Circ. Strikes Down Fla. 'Gun Gag' Law

    The Eleventh Circuit on Thursday struck down much of a Florida law curbing doctors from asking patients about firearm ownership, ruling that the “gun gag” law violates the First Amendment by impermissibly restricting physician speech.

  • February 16, 2017

    Gorsuch Nomination Hearings To Kick Off In March

    Opening statements in a hearing on Judge Neil Gorsuch’s nomination to the U.S. Supreme Court will begin on March 20, with questioning of the associate justice-designate commencing the following day, Senate Judiciary Committee Chairman Chuck Grassley said Thursday.

  • February 16, 2017

    AIG Unit Hit With TCPA Suit Over Flood Of Calls

    A Florida woman has accused an AIG subsidiary on Wednesday of violating the Telephone Consumer Protection Act by harassing her with numerous unwanted, automated phone calls regarding life insurance even though she never authorized the calls and asked the company repeatedly to stop.

  • February 15, 2017

    Ticketmaster Stole Trade Secrets Via Hacking, Songkick Says

    Songkick, a concert ticketing startup, tacked on new claims Wednesday in its ongoing antitrust suit against Live Nation and Ticketmaster over their alleged monopoly of ticket sales by claiming that one of its former executives who landed at Ticketmaster unlawfully accessed its computer systems to steal trade secrets.

  • February 15, 2017

    2nd Circ. Won’t Give New Life To ‘Project Runway’ TCPA Suit

    A lower court judge correctly declined to certify a class of consumers alleging robocalls to hype the TV show “Project Runway” violated the Telephone Consumer Protection Act because no list of called numbers existed, a Second Circuit panel said on Wednesday.

  • February 15, 2017

    Tech Groups Call For Balance In Foreign Spying Renewal Push

    A coalition of tech industry groups on Wednesday pushed congressional leaders to work together to come up with a “balanced yet focused” approach to replacing a controversial foreign internet surveillance program that is expiring at the end of the year.

  • February 15, 2017

    NJ Justices To Review Time Limits In Defamation Claim

    The New Jersey Supreme Court has agreed to review a ruling that a company’s defamation lawsuit against an online publisher was filed too late because the limitations period began running when the at-issue article was first published, not when it was modified.

  • February 15, 2017

    Post-Spokeo Trends Offer Clues For Standing In Privacy Suits

    Federal courts in New York and Los Angeles came to opposite conclusions last month in trying to apply the U.S. Supreme Court's Spokeo ruling to high-profile privacy cases, yet attorneys see in those decisions hints as to how courts will decide whether plaintiffs suffered real harm in alleged invasions of privacy or unauthorized releases of personal information.

  • February 15, 2017

    9th Circ. Dubious Of Lakers' Bid To Ax TCPA Coverage Denial

    A Ninth Circuit panel on Wednesday appeared skeptical of the Los Angeles Lakers' argument that a fan's putative Telephone Consumer Protection Act class action alleged more than invasion of privacy claims excluded under the team's directors-and-officers policy but indicated that parts of the suit could potentially trigger coverage.

  • February 15, 2017

    GOP Lawmaker Takes Aim At FCC Privacy Rules

    U.S. Sen. Jeff Flake is planning to introduce legislation that would roll back the Federal Communications Commission’s new broadband privacy rules, which give consumers opt-in options for the sharing of certain user information, the Arizona Republican confirmed Wednesday.

  • February 15, 2017

    Insurers Fight Cancer Center Dismissal Bid In Data Breach

    A pair of insurance companies on Wednesday asked a Florida federal court to reject a bid by a cancer center seeking to dismiss their attempt to avoid coverage over a patient data breach, saying nothing in the cancer center's policy requires it.

  • February 15, 2017

    Card Issuers Say Schnucks Clearly Had Duty To Protect Data

    Payment card issuers suing Midwestern grocery chain Schnucks over a 2013 data breach told an Illinois federal court Tuesday that the grocer had a clear duty to protect the compromised card information.

  • February 15, 2017

    D-Link's Lax Security Warranted Privacy Suit, FTC Says

    Defending its decision to launch a privacy lawsuit accusing D-Link Systems Inc. of carelessly securing its wireless products, the Federal Trade Commission on Tuesday told a California federal judge that the computer network manufacturer without a doubt put consumers at risk.

  • February 14, 2017

    Rapper Falsely Linked To Suicide Attempt Loses Libel Suit

    A rapper formerly affiliated with the Wu-Tang Clan waited too long to sue several media outlets for mixing him up with a similarly named rapper who made a notoriously grisly suicide attempt, a Delaware federal judge ruled Tuesday.

  • February 14, 2017

    Lawmakers Want Probe Into Alleged EPA Secret Messages

    Republican lawmakers on Tuesday called for an investigation into U.S. Environmental Protection Agency employees' alleged use of an encrypted messaging app to discuss strategies to thwart President Donald Trump's attempts to redirect them from the prior administration's priorities.

  • February 14, 2017

    Models Push For Quick Win In Nudist Resort Photo Case

    A group of models who claim a Florida-based clothing-optional resort used their images without consent to advertise its “swinger lifestyle” activities have laid bare their desire for a quick win, telling a federal judge the misleading endorsements without a doubt harmed them.

  • February 14, 2017

    Health Sites Fight Facebook Users' Injunction Bid

    A number of health care providers on Monday urged a California federal court to reject Facebook users’ bid to force them to remove all Facebook source code from their websites, arguing that the move is a “thinly veiled and improper” effort to reply after dismissal arguments have been fully discussed.

  • February 14, 2017

    9th Circ. To Weigh TCPA's Scope In Lakers Coverage Fight

    The Ninth Circuit will hear arguments Wednesday in the Los Angeles Lakers' challenge of a ruling that freed its directors-and-officers insurer from covering a settlement with a fan who accused the team of violating the Telephone Consumer Protection Act with unsolicited texts, a case that could change how insurers treat the law in D&O policies.

  • February 14, 2017

    Bad Notice Dooms Surgery Suit, Tenn. Panel Rules

    A lawsuit over an improperly performed gallbladder surgery was rightly dismissed because the patient failed to properly notify the hospital of the suit in a way that complied with medical privacy laws, a Tennessee appeals court ruled Monday.

  • February 14, 2017

    Capital One Faces TCPA Class Action Over Alleged Robocalls

    Capital One NA was hit with a proposed class action Tuesday in Florida federal court alleging the bank violates the Telephone Consumer Protection Act by routinely using an automatic telephone dialing system to call noncustomers’ cellphones without permission.

Expert Analysis

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • The Latest On Managing Workplace Mental Health Issues

    Linda B. Dwoskin

    The U.S. Equal Employment Opportunity Commission recently issued a resource document explaining workplace protections for individuals who suffer from mental health conditions. The publication alerts employers of the need to understand and appreciate an employee’s legal rights as well as their obligations to provide a host of reasonable accommodations, say Linda Dwoskin and Melissa Bergman Squire of Dechert LLP.

  • Developing Trends In Cyberinsurance Litigation: Part 1

    Thomas Rohback

    So far, most insurance coverage litigation following cyberattacks have called upon traditional policies, but the next couple of years will see the birth of massive cyberinsurance litigation that will dwarf the litigation spike seen several decades ago regarding "pollution" clauses, say Thomas Rohback and Patricia Carreiro of Axinn Veltrop and Harkrider LLP.

  • Post-Spokeo, Not All Statutory Violations Are Created Equal

    John G. Papianou

    The U.S. Supreme Court’s decision in Spokeo did not provide the hoped-for clarity on whether violation of a statute is sufficient for a plaintiff to sue in federal court. As practitioners and courts still struggle with this question, two recent decisions from the Seventh and Third Circuits highlight the issue, says John Papianou of Montgomery McCracken Walker & Rhoads LLP.

  • Demystifying International Extradition

    Amy Jeffress

    There were many high-profile news stories in 2016 about individuals fighting extradition to or from the United States. Given the complexity and sensitivity of the issues involved, extradition is time-consuming, often taking years. The process by which the U.S. evaluates hundreds of extradition requests each year may be unfamiliar to many practitioners, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • New Data Breach Rulings — 4th Circ. Vs. 3rd Circ.

    Karin McGinnis

    On the heels of the Third Circuit’s data breach decision last month in Horizon Healthcare, the Fourth Circuit issued an opinion this week in Beck v. McDonald that weighs in on the standing debate. A few things can account for the differences between the rulings, says Karin McGinnis of Moore & Van Allen PLLC.

  • Post-Spokeo Issues Emerge In The 5th Circ.

    Christopher Chorba

    Although the Fifth Circuit and its district courts have addressed Spokeo issues numerous times since the U.S. Supreme Court issued its decision, Spokeo’s future in the Fifth Circuit remains unclear. Recent opinions underscore that litigants should be prepared to argue not only about Spokeo’s significance for pre-existing case law, but also the scope of its applicability, say attorneys with Gibson Dunn & Crutcher LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.