• June 19, 2017

    CBP, Airlines Moving Forward On Facial Recognition Cameras

    U.S. Customs and Border Protection on Monday announced that it will be working with commercial airlines to take pictures of travelers flying internationally, and then storing them temporarily on the cloud, to verify travelers' immigration status and identity.

  • June 19, 2017

    Wells Fargo To Pay $14.8M To Settle TCPA Spat

    Wells Fargo has agreed to pay roughly $14.8 million to resolve Telephone Consumer Protection Act claims over allegedly autodialed calls, the attorneys representing the class said Monday, announcing an almost $1 million reduction to the preliminarily anticipated settlement fund after discovery revealed that the class was smaller than originally estimated.

  • June 19, 2017

    High Court Won't Hear Drivers' Claim DOT Violated Privacy

    The U.S. Supreme Court on Monday declined to take up an appeal by six commercial drivers who sued the U.S. Department of Transportation alleging their privacy was violated by the agency’s practice of providing information on minor driving infractions to prospective employers.

  • June 19, 2017

    IRS Lacks Immunity In Fraud Inquiry Suit, 9th Circ. Rules

    The Internal Revenue Service must face Federal Tort Claims Act allegations brought by a pair of tax preparation and refund-advance businesses that say they were forced to shutter because of a government-led tax crime sting operation, after the Ninth Circuit ruled Friday that the IRS wasn’t immune from the accusations.

  • June 19, 2017

    High Court Won't Take On Spokeo Divide In Card Receipt Row

    The U.S. Supreme Court said Monday that it would not review the lawsuit of a man who accused a Native American tribe-owned restaurant in Wisconsin of failing to properly truncate customer receipts, leaving in place a Seventh Circuit ruling that tossed his claims.

  • June 16, 2017

    CoPilot Pays $130K To End NY Probe Into Patient Data Breach

    A company that provides insurance support services to the health industry has agreed to pay $130,000 in penalties and revamp its breach notification procedures to resolve the New York attorney general's claims that it broke the law by waiting more than a year to report a data breach that exposed over 220,000 patient records, the regulator said Thursday. 

  • June 16, 2017

    Univ. of Alabama Fan Agrees To End Coca-Cola TCPA Suit

    An Alabama federal magistrate judge on Friday ended a University of Alabama fan’s proposed class action accusing Coca-Cola and a marketing company of sending unsolicited text messages in a legal battle spanning more than four and a half years.

  • June 16, 2017

    Attys Seek $1.1M In Fees From Vibrator Privacy Suit Deal

    Attorneys who secured a $3.75 million settlement for a putative class of consumers who alleged a sex toy maker had secretly collected user data from an internet-connected vibrator asked an Illinois federal judge on Thursday to grant them $1.1 million in attorneys' fees.

  • June 16, 2017

    Plaintiffs Firm Hits Ex-Associate With Trade Secrets Suit

    Chicago-area plaintiffs firm Anderson + Wanca sued one of its former associates in Illinois court, claiming the attorney took confidential client and firm documents with him when he left last year.

  • June 16, 2017

    American Airlines, TSA Test New 3-D Scanner In Phoenix

    American Airlines and the Transportation Security Administration are teaming up to test a new 3-D scanner at the Phoenix Sky Harbor International Airport in Arizona that will let passengers keep liquids in their carry-on bags.

  • June 16, 2017

    New Texas Law Welcomes Driverless Cars To State Roads

    Texas Gov. Greg Abbott signed a bill Thursday that will officially allow self-driving vehicles to operate freely on state roads, with or without human supervision.

  • June 16, 2017

    Pecan Co. Says Nut Supplier Is Responsible In $1.5M Hack

    A pecan wholesaler told a Texas federal judge on Thursday that it does not owe $1.5 million to a Mexican nut distributor after allegedly transferring payments meant for the distributor to a third-party hacker who changed the wiring instructions via email, saying it had no idea it had paid a hacker.

  • June 15, 2017

    WannaCry Hack Hit More Than 1M Systems, House Panel Told

    The massive ransomware attack that hit hospitals, telecoms and other businesses around the globe last month locked up far more computer systems than initially reported, with security researchers telling House lawmakers Thursday that some estimates put the number of infected systems between 1 million and 2 million and that it's "highly likely" that a hacking group with links to North Korea carried out the attack. 

  • June 15, 2017

    Microsoft's New Patch Not A Panacea For Avoiding Cyber Risk

    Call it a patch. A fix. But attorneys tasked with hedging the risk companies face from cybersecurity threats are saying Microsoft’s new update to old operating systems is only the first of several big steps companies need to take to protect themselves from hacks.

  • June 15, 2017

    Senate Dems Warn FCC On Ringless Voicemails

    Democratic Sen. Edward J. Markey of Massachusetts and 10 fellow senators sent a letter to the chair of the Federal Communications Commission on Wednesday, urging him to protect consumers from robocalls that go directly to voicemail without the phone ringing, leaving consumers unable to block the calls.

  • June 15, 2017

    DOD Hit With FOIA Suit For Docs Linked To Iranian Terrorism

    A law firm suing a U.S. Department of Defense agency claims that documents being withheld would link acts of terror against American soldiers in Iraq to a funding network that involves the Iranian government, terrorist organization Hezbollah and several European banks.

  • June 15, 2017

    Uber Settles Calif., Ill. TCPA Suits Over Text Messages

    Uber has settled a pair of Telephone Consumer Protection Act class actions accusing it of sending texts to individuals on their cellphones without permission, according to notices filed on dockets in Illinois and California federal court Wednesday.

  • June 15, 2017

    Woman Raped By Driver In India Hits Uber With Privacy Suit

    Uber was hit with a California federal suit Thursday by a woman who was raped by her Uber driver in India in 2014, accusing company executives of mishandling her medical records and trying to discredit her account of the rape by peddling theories that a rival ride-hailing giant was behind it.

  • June 15, 2017

    Nordstrom Shopper Fights Credit Card Statement Subpoena

    The California consumer leading a proposed class action accusing Nordstrom of duping shoppers with bogus “compare at” prices urged a federal judge on Wednesday to deny the retailer’s request for seven years' worth of his banking history, arguing that it was completely irrelevant and violated his privacy.

  • June 15, 2017

    EXCLUSIVE: 15 AGs Blast E-Commerce Host's Hack Notice

    The attorneys general of New York, Pennsylvania and 13 other states have issued a warning to e-commerce hosting company Aptos Inc. in response to its assertion to online retailers that they are under no duty to notify certain customers of a massive data breach, saying more customers need to be told their personal information was compromised.

Expert Analysis

  • Comey And Executive Privilege — What Could Have Been

    Todd Presnell

    President Donald Trump's decision not to block former FBI Director James Comey’s congressional testimony certainly avoided a protracted legal battle. But was it governed more by legal instability of his privilege claim or the political fallout even if the claim ultimately proved successful? asks Todd Presnell of Bradley Arant.

  • Cybersecurity And IP Are Key In Autonomous Vehicles

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    Automated driving isn't coming — it’s here. The automotive industry is implementing strategies, tools and technologies to not only allow the car to drive, but to operate using "internet of things" devices. In this video, Eversheds Sutherland LLP partners Mary Jane Wilson-Bilik and Griff Griffin discuss how the internet of things in driverless cars will impact big data, cybersecurity, data protection, intellectual property and patents.

  • 4 Cybersecurity Considerations To Minimize D&O Exposure

    Richik Sarkar

    Courts have historically set a high threshold for finding directors and officers personally liable for breaches of fiduciary duties. However, the standards with respect to director and officer liability for damages resulting from cyberattacks are evolving, and the personal exposure will increase, says Richik Sarkar of McGlinchey Stafford PLLC.

  • Taylor V. Huerta: What Drone Operators Need To Know

    Brian Berliner

    The D.C. Circuit's recent decision in Taylor v. Huerta struck down a Federal Aviation Administration rule requiring owners of recreational drones to register with the FAA, raising questions about what that will mean for other FAA rules regulating drones, say Brian Berliner and Joe O’Connor of O’Melveny & Myers LLP.

  • Why Even Public Info Must Be Kept Private Under HIPAA

    Glory Francke

    A nonprofit health care system recently agreed to pay the U.S. Department of Health and Human Services $2.4 million as part of a settlement over potential Health Insurance Portability and Accountability Act violations. The lesson? Covered entities and business associates should educate their staff about what qualifies as protected health information, say attorneys with Davis Wright Tremaine LLP.

  • What Counsel At Retailers Should Know About Data Breaches

    Donald Houser

    Just last week it was announced that Target reached a record $18.5 million settlement with 47 states and Washington, D.C., in its data breach case. Unfortunately, Target was not the high-water mark for data breaches: They will continue, and the cost of responding to them will continue to rise, says Donald Houser of Alston & Bird LLP.

  • Compliance And The Transition To Value-Based Care

    Deborah Gersh

    In a short time, value-based care initiatives have evolved from a set of initial programs sponsored by the Center for Medicare and Medicaid Innovation to innovative payment and service delivery models. With this evolution, providers and others have had to grapple with a regulatory framework that is not inherently well-suited to value-based payment arrangements, say attorneys with Ropes & Gray LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us


    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • Conducting Due Diligence In A 'Right To Be Forgotten' Age

    Shanti Salas

    Recently, the European Union has begun to put some limits on the right to be forgotten, but virtual private networks remain an important tool for comprehensive online due diligence and investigative research, says Shanti Salas of Exiger LLC.