Cybersecurity & Privacy

  • May 15, 2018

    Under Armour Hit With Suit Over MyFitnessPal Data Breach

    Under Armour Inc. is facing a putative class action in California federal court by a user of its MyFitnessPal food and nutrition app claiming the company is liable for the theft of personal information from her and millions of others in a data breach earlier this year.

  • May 15, 2018

    IBM Urges Congress Not To Adopt GDPR-Style Privacy Law

    More than 100 IBM executives have a clear message for Congress on data privacy as they meet with lawmakers on Capitol Hill this week: The U.S. should not pass its own version of the European Union's General Data Protection Regulation.

  • May 15, 2018

    Net Neutrality Bill Could Hasten Other Reforms, Orgs Say

    Congress must pass net neutrality “compromise” legislation so lawmakers and regulators can move on to more pressing issues of online privacy and misinformation, said advocates of the Federal Communications Commission’s net neutrality deregulation on Tuesday.

  • May 15, 2018

    CVS Seeks Exit From Proposed HIV Privacy Class Action

    CVS on Monday sought to exit a proposed class action alleging the health and privacy of HIV/AIDS patients are threatened by a program that requires them to get their specialty medication only at a CVS pharmacy or by mail order, telling a California federal judge the whole complaint was “defective.”

  • May 15, 2018

    FCC Rethinking Autodialer Definition After Court Loss

    The Federal Communications Commission is looking for suggestions as it comes up with a new definition for autodialers that will be banned from making robocalls, after the agency’s previous definition was thrown out by the D.C. Circuit as being too broad.

  • May 15, 2018

    Yahoo Not Covered In TCPA Suits, AIG Tells 9th Circ.

    An AIG insurer on Monday urged the Ninth Circuit to uphold a California federal court’s ruling that the insurer owes Yahoo no defense in several Telephone Consumer Protection Act lawsuits, saying the lower court properly applied case law in finding that the underlying actions did not allege a potentially covered privacy violation.

  • May 15, 2018

    Personality App Exposed 3M Facebook Users' Details: Report

    A personality quiz on Facebook left the personal information of 3 million users exposed on a website where it was easy to read details on people's nature, such as their conscientiousness, agreeableness and neuroticisms, according to a new report. 

  • May 14, 2018

    Russian Co. Indicted By Mueller Calls Case ‘Make-Believe’

    A Russian company that allegedly backed an effort to sway the 2016 presidential election asked a federal judge Monday to review the confidential instructions Robert Mueller gave the grand jury, saying the special counsel sought to “justify his own existence” by indicting “a Russian — any Russian.”

  • May 14, 2018

    Three Indicted In $25M Crypto Card ICO Fraud Scheme

    A federal grand jury in New York has returned an indictment charging three Floridians with securities and wire fraud, based on allegations that they defrauded investors of $25 million by lying about their startup’s cryptocurrency debit card ahead of its initial coin offering, the U.S. Attorney’s Office announced Monday.

  • May 14, 2018

    Invasion Of Privacy Charges Dropped Against Missouri Gov.

    Prosecutors for the city of St. Louis on Monday dropped invasion of privacy charges against Missouri Gov. Eric Greitens for allegedly photographing a nude woman without permission, saying a judge’s decision granting the defense’s request to put the circuit attorney on the witness stand made proceeding with trial impossible.

  • May 14, 2018

    High Court Upholds Wiretap Order, Dealers' Convictions

    The U.S. Supreme Court on Monday upheld the conviction of two men accused of distributing cocaine and marijuana despite law enforcement's use of a wiretap outside the bounds of the court that issued it, ruling that because the evidence was not admitted at trial and the wiretaps were otherwise sound, the surveillance orders did no harm.

  • May 14, 2018

    Minn. Hospital Beats Patient’s Suit Over Privacy Violations

    A Minnesota appeals court affirmed Monday the dismissal of a complaint a woman filed against a hospital she says violated her privacy when one of its nurses revealed in front of her visiting father and uncle that she just had a hysterectomy, which she didn’t want them to know.

  • May 14, 2018

    Facebook Users' Biometric Privacy Suit Will Go Forward

    A California federal judge Monday ruled that a certified class action on behalf of Illinois Facebook users alleging that the social media giant unlawfully collects biometric data from the tagging of their photos “will go forward,” in one of the first major tests of the scope of the Midwestern state's Biometric Information Privacy Act.

  • May 14, 2018

    Consumer Atty Can’t Redo $1.3M Fee Split In Collecto MDL

    A Connecticut attorney is not entitled to more than the $70,000 his peers allotted him for his relatively small role in a settlement with alleged robocaller Collecto Inc. that yielded $1.3 million in attorneys’ fees, a federal judge decided on Monday.

  • May 14, 2018

    Merlin Nabs $200M In DHS, VA Technology Contracts

    Merlin International has landed $200 million in technology contracts from the U.S. Departments of Homeland Security and Veterans Affairs that will see the cybersecurity company work on integrating new technologies with existing systems to support government modernization initiatives, according to a Monday announcement.

  • May 14, 2018

    New FTC Commish Wants Tighter Grip On Repeat Offenders

    Freshly sworn-in Federal Trade Commissioner Rohit Chopra called Monday for his agency to pursue more forceful penalties against companies that flout the type of consent orders signed by corporate giants such as Google, Facebook and Uber, including holding accountable individual executives at "recidivist" companies.

  • May 14, 2018

    7th Circ. Says FACTA Suit Should Have Been In State Court

    The Seventh Circuit on Monday vacated the dismissal of a putative class action filed against an airport public parking facilities operator over its alleged use of receipts that included credit card expiration dates, saying the Fair and Accurate Credit Transaction Act violation claim should have been remanded to state court.

  • May 14, 2018

    FCC’s Pai OKs Call Authentication Plan To Beat Robocalls

    Phone call authentication to combat “spoofed” robocalls assuming a fake number is one step closer after Federal Communications Commission Chairman Ajit Pai on Monday accepted recommendations from a federal advisory committee for selecting a “governance authority” to implement the authentication framework.

  • May 14, 2018

    J&J Can't Arbitrate Applicant's Background Check Claims

    A Pennsylvania federal judge held that a would-be employee’s arbitration agreement with a staffing firm can’t be used to force him to arbitrate claims that a Johnson & Johnson subsidiary unfairly revoked his job offer because of a background check, saying his allegations against J&J stem from the Fair Credit Reporting Act, not the contract.

  • May 14, 2018

    Chili's Grill & Bar Restaurant Chain Hit With Data Breach

    Chili’s Grill & Bar said hackers have compromised credit and debit card information of customers who visited some of the casual restaurant chain’s eateries in March and April, saying it is working with independent experts to investigate the data breach.

Expert Analysis

  • Data Breach Disclosure Lessons From SEC's $35M Yahoo Fine

    Michael Dicke

    The $35 million fine levied against Altaba, formerly known as Yahoo, marks the first time that the U.S. Securities and Exchange Commission has alleged that a company’s failure to disclose a data breach violated the federal securities laws. This enforcement action may also give breach-related securities class actions new life, say Michael Dicke and Alexis Caloza of Fenwick & West LLP.

  • The Slightly Changing Landscape Of Tenn. Employment Laws

    Stephen Price

    In the immortal words of rock band The Pretenders, "some things change, some stay the same." The latter has generally been an accurate description of Tennessee employment laws in the 21st century, but employers should note several recent exceptions, says Stephen Price of Burr & Forman LLP.

  • Will The US Match Or Improve On GDPR Privacy Model?

    Jonathan Walsh

    While aspects of proposed U.S. privacy legislation mirror the EU’s General Data Protection Regulation, none of the pending solutions in Congress provides the level of government protection of user data engendered by the GDPR, say Jonathan Walsh and Edward Combs of Curtis Mallet-Prevost Colt & Mosle LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • A Closer Look At Barnes & Noble Data Breach Ruling

    Joshua Jessen

    The Seventh Circuit's decision last month in Dieffenbach v. Barnes & Noble appears to suggest that data breach plaintiffs who allege Article III injury-in-fact have, by definition, sufficiently pled cognizable damages under their substantive state law claims. But a more careful reading of the opinion reveals that it is largely consistent with existing case law, say Joshua Jessen and Ashley Van Zelst of Gibson Dunn & Crutcher LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Facing The Homestretch Of GDPR Prep: Part 1


    The EU General Data Protection Regulation implementation date — May 25 — is quickly approaching, and many companies are wrestling with how to prioritize efforts in the final weeks. In this video, Brian Hengesbaugh of Baker McKenzie discusses the importance of keeping a low profile.

  • How Blockchains May Comply With GDPR Mandates: Part 2

    Kennedy Luvai

    The EU’s General Data Protection Regulation may present some challenges to certain blockchain-based solutions. Compliance issues include data minimization, rectification of inaccurate data, access to data and access to data portability, says Kennedy Luvai of Parsons Behle & Latimer PLC.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.