Privacy

  • April 24, 2017

    Journalist Sues Tweeter Over Seizure-Inducing Online Attack

    The journalist who was sent a tweet that triggered an epileptic seizure in December filed suit against the alleged perpetrator in Maryland federal court Monday, shortly after the man was charged in Texas federal court with cyberstalking with the intent to kill or injure.

  • April 24, 2017

    Gawker Defends Bid To Investigate Hulk Hogan's Backer

    Gawker Media LLC on Monday struck back against objections to its request for an investigation into whether its creditors are being funded by billionaire Peter Thiel, who funded the Hulk Hogan privacy lawsuit that brought about its demise, telling a New York bankruptcy judge the examination is entirely proper.

  • April 24, 2017

    Rhode Island Firm Seeks Coverage For Ransomware Attack

    A Rhode Island law firm says its insurer wrongfully refused to cover a drop in business caused by a ransomware attack that held the firm's computer files hostage for months, even though the policy specifically covers "business income interruptions," according to a complaint that was removed to Rhode Island federal court on Friday.

  • April 24, 2017

    Experian Says Data-Breach Report Bid 'Eviscerates' Privilege

    Experian struck back Friday against a bid by T-Mobile customers to get their hands on investigation documents related to a 2015 data breach that exposed 15 million consumers’ personal information, saying the report was prepared solely at the discretion of their counsel for defense purposes and is therefore privileged.

  • April 24, 2017

    Privacy Groups Urge FCC To End Call Data Retention Rule

    The Electronic Privacy Information Center and a coalition of civil society organizations and others have urged the Federal Communications Commission to repeal a rule that requires phone companies to retain the detailed call records of their customers, saying it’s unnecessary and threatens consumer privacy.

  • April 24, 2017

    DHS Probes Abuse Of Power In Anti-Trump Tweeter Summons

    The U.S. Department of Homeland Security’s inspector general said Friday that he is investigating whether U.S. Customs and Border Protection abused its authority by issuing a summons to Twitter that sought the identity of the user behind an anonymous account critical of the Trump administration’s immigration policies.

  • April 24, 2017

    Wireless Health Co. Strikes $2.5M HIPAA Deal

    CardioNet, a company which provides wireless health services for heart patients, will pay $2.5 million to settle claims that it violated the Health Insurance Portability and Accountability Act by not properly protecting patients’ electronic health information, the federal government announced Monday.

  • April 24, 2017

    Cancer Center Co. Can't Dodge Breach Claims, Court Told

    Cancer treatment center operator 21st Century Oncology can’t shake claims over a data breach that affected more than 2.2 million patients’ personal information, a group leading multidistrict litigation told a Florida federal court Friday, contending that they have standing and have sufficiently pled their claims.

  • April 24, 2017

    No-Fly List Challenge Gets Its Wings Clipped By Ore. Judge

    A group of travelers named on the no-fly list must take their challenge of the Transportation Security Administration’s decision not to remove their names from the list to the Ninth Circuit, an Oregon federal judge said Friday when nixing their suit.

  • April 24, 2017

    Justices Won't Take Up ACLU Appeal Over CIA Torture Report

    The American Civil Liberties Union has lost its bid to access a landmark 7,000-page U.S. Senate report on the CIA’s torture program during the Bush administration after the U.S. Supreme Court on Monday declined to review decisions that it was a congressional record barred from public release.

  • April 21, 2017

    FTC Wants Input On TRUSTe's Tweaks To COPPA Safe Harbor

    The Federal Trade Commission is seeking the public's input on changes that TRUSTe wants to make to its safe harbor program under the Children's Online Privacy Protection Act, including an amendment that would require participants to conduct an annual internal assessment of third parties’ data collection practices.

  • April 21, 2017

    Debt Agency Can't Thwart Class Cert. In Unfair-Collection Suit

    An Illinois federal judge on Friday granted class certification to a woman suing a debt collection agency she says illegally failed to disclose key information in collection letters, tossing arguments by Midland Credit Management that the woman lacked standing.

  • April 21, 2017

    Russian Legislator's Son Gets 27 Years In Credit Card Scam

    The son of a Russian lawmaker was sentenced in Seattle to 27 years in prison and ordered to pay back the $169 million he stole by hacking into retailers’ systems and stealing credit card data, according to an order on Friday.

  • April 21, 2017

    Pediatric Medical Practice Settles HHS' HIPAA Charges

    An Illinois pediatric digestive health practice has settled alleged Health Insurance Portability and Accountability Act violations stemming from the disclosure of more than 10,000 patients’ health information to a document-storage company without securing assurances that the data would be safeguarded, the U.S. Department of Health and Human Services announced Thursday.

  • April 21, 2017

    Hacking Is Still Top Security Threat: BakerHostetler Report

    For the second year running, a BakerHostetler analysis ranked hacking among the leading causes of clients’ data security incidents, highlighting the importance of taking companywide steps to address intrusions before they occur and making sure everyone from executives to frontline employees knows the risks, according to a recent report.

  • April 21, 2017

    Foreign Surveillance Court Approves 1,700 Warrants In 2016

    The secretive federal court responsible for approving foreign surveillance requests either fully or partially denied 35 surveillance applications in 2016, while approving a little more than 1,700 applications, according to a report issued Thursday.

  • 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.

Expert Analysis

  • 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.

  • McLane V. EEOC's Impact On Employer Subpoena Responses

    Mark B. Wiletsky

    In the U.S. Supreme Court's decision in McLane v. U.S. Equal Employment Opportunity Commission, all eight justices agreed that the proper standard of review of an EEOC subpoena enforcement decision is abuse of discretion, not de novo review. The question now becomes whether the court’s ruling will affect how employers and employment lawyers respond to EEOC subpoenas, says Mark Wiletsky of Holland & Hart LLP.

  • Understanding The Challenges Of Strong Encryption: Part 1

    David Kalat

    When the FBI asked Apple to provide assistance in unlocking an iPhone used in connection with the 2015 San Bernardino attack, Apple very publicly declined. David Kalat of Berkeley Research Group LLC explains how it's possible that the good guys can't come up with effective passwords, but the bad guys can keep their secrets with four-digit pins.