• February 17, 2017

    Ex-Playboy Bunny Accuses Sex Pill Maker Of Fake Promo

    A former model and reality television star known for her live-in relationship with Hugh Hefner at his Playboy mansion recently slapped the makers of a male sexual enhancement pill with a suit in Los Angeles court, claiming they falsely attributed an endorsement of the product to her.

  • February 17, 2017

    NY AG, Regulator Spar Over Cuomo's Banking Fraud Plan

    New York Gov. Andrew Cuomo’s proposal to expand the Department of Financial Services’ powers against financial fraud sparked a war of words this week, with Attorney General Eric Schneiderman calling the proposal a "wholly unnecessary overreach by the executive," while the department’s superintendent labeled the objections as “petty concerns over turf.”

  • February 17, 2017

    Horizon, NJ Reach $1.1M Settlement Over Privacy Lapse

    Horizon Blue Cross Blue Shield of New Jersey has agreed to pay $1.1 million to settle allegations it failed to properly protect the privacy of nearly 690,000 Garden State policyholders whose personal information was contained on two laptops stolen from the insurer’s Newark headquarters, the state announced Friday.

  • February 17, 2017

    Sears Denied Dismissal Of Suit Over Text 'Bombardment'

    A New Jersey federal judge on Thursday declined to dismiss a proposed class action claiming Sears Holding Corp. bombarded consumers with automated promotional text messages in violation of the Telephone Consumer Protection Act, finding that the claims were sufficient to be heard by the court.

  • February 17, 2017

    Yahoo Execs Put $4.8B Verizon Deal At Risk, Investor Says

    A Yahoo Inc. shareholder on Thursday accused the technology giant’s top executives and directors of releasing misleading reports that Yahoo was unaware of any security breaches when brokering its potential $4.8 billion acquisition by Verizon, despite knowledge of massive cyberattacks that breached billions of consumer accounts.

  • February 16, 2017

    Facebook Escapes TCPA Suit Over Hack-Alert Texts

    A California federal judge on Thursday tossed a proposed Telephone Consumer Protection Act class action against Facebook Inc. from a man alleging he was bombarded with unwanted security notification text messages from the social media giant, saying the man hadn’t shown the alerts were unlawfully autodialed.

  • February 16, 2017

    Calif. Judge Calls Law On Actors’ Ages A Free Speech Threat

    A California federal judge sided with in a hearing Thursday over a state law forcing the website to remove actors’ ages on request, saying the law appeared to violate constitutional free speech protections so clearly that he didn’t even need to hear IMDb’s arguments for a stay.

  • February 16, 2017

    1 Jailed, 2 Get Probation In Hacking-For-Spam Case

    A New Jersey federal judge on Thursday sentenced a programmer and an ex-Comcast worker to probation and another to four years' prison, after they made $2 million sending spam emails from hacked accounts by using personal information from 60 million people that was stolen from corporate databases.

  • February 16, 2017

    EA Wants Quick Win On Claim In Madden Publicity Duel

    Video game maker Electronic Arts Inc. asked a California federal court Wednesday for a partial judgment in a putative class action from a group of retired NFL players alleging the “Madden NFL” games use their likeness without permission, arguing that the visual depictions of former players are generic.

  • February 16, 2017

    Chamber Backs CareFirst In Data Breach Battle At DC Circ.

    The U.S. Chamber of Commerce on Thursday asked the D.C. Circuit to uphold the dismissal of a putative class action against CareFirst BlueCross BlueShield over a 2014 data breach, saying the policyholders suing the insurer can't meet the standing requirements set forth in the U.S. Supreme Court's landmark Spokeo decision and another seminal high court ruling.

  • February 16, 2017

    $5.5M HIPAA Deal Matches Biggest Privacy Payout

    Florida’s Memorial Healthcare Systems has agreed to pay $5.5 million to the federal government to settle allegations that it didn’t properly protect patient data in a record-tying Health Insurance Portability and Accountability Act deal, the feds announced Thursday.

  • February 16, 2017

    Hacker Gets Prison In Bank Data Theft Scheme

    The administrator of two criminal online hacking forums was sentenced on Thursday to 41 months in federal prison for stealing login and payment card data from victims in New Jersey and elsewhere as part of an international hacking conspiracy, U.S. Attorney Paul J. Fishman announced.

  • February 16, 2017

    Navy Commander Charged In 'Fat Leonard' Bribery Scandal

    The federal government said Thursday it has charged a U.S. Navy commander with bribery for allegedly accepting luxury travel, elaborate dinners and the services of prostitutes in exchange for classified and internal Navy information, the latest development in the "Fat Leonard" scandal.

  • February 16, 2017

    Spokeo Dooms CenturyLink FCRA Suit, Judge Says

    An Arizona federal judge held Wednesday that a woman alleging CenturyLink Inc. violated the Fair Credit Reporting Act by obtaining her consumer reports before she placed an order lacks standing under the high court’s landmark Spokeo decision to bring her proposed class action.

  • February 16, 2017

    Fla. High Court Nixes State Farm Bid For Hospital Contracts

    The Florida Supreme Court in a Thursday ruling let a Jacksonville hospital avoid handing over its contracts with health insurance companies in a dispute with State Farm Mutual Automobile Insurance Co. over possible hospital overbilling.

  • 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.

Expert Analysis

  • What To Know About HHS Revised 'Common Rule'

    Abram S. Barth

    Although the U.S. Department of Health and Human Services' final rule modernizing the federal "Policy for the Protection of Human Subjects" does not modify any regulations administered by the U.S. Food and Drug Administration, the rule’s preamble and the recently passed 21st Century Cures Act will compel HHS to revise FDA human subject regulations to be consistent with the final rule, say attorneys with Ropes & Gray LLP.

  • 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.