• April 21, 2017

    Cert. Sought In Fight Over GoDaddy's Microsoft Office Sales

    A business legal services provider asked an Arizona federal judge Thursday for class certification in litigation accusing domain registrar and web hosting company of selling Microsoft Office products lacking certain features, saying every class member has exactly the same grievance.

  • April 20, 2017

    Judge OKs $25M TCPA Deal Over Health Service Faxes

    A California federal judge has granted preliminary approval to a $25 million settlement between a health care consulting group and a health care provider in a proposed class action claiming the consulting group sent unsolicited junk faxes promoting various health services, in violation of the Telephone Consumer Protection Act.

  • April 20, 2017

    'Culture Shift' Driving NSA, CIA, FBI To Be More Open

    The National Security Agency, Central Intelligence Agency and FBI are working to buck a longstanding culture of secrecy and are striving to share more information with the public about their data surveillance practices and accompanying privacy safeguards, agency officials said Thursday.

  • April 20, 2017

    Auto Parts Co., Class Near $3.3M Deal In Junk Fax Suit

    A building supply company at the head of a class action asked an Illinois federal court Thursday to approve a roughly $3.3 million settlement resolving its claims that LKQ Corp. sent unsolicited fax ads, saying the deal is a great result considering the uncertainty these sorts of claims face following a recent D.C. Circuit decision.

  • April 20, 2017

    Facebook Users Fight To Stop Health Sites' Data Sharing

    A proposed class of Facebook users urged a California federal judge Thursday to block health websites from sharing individual users' browsing data with the social media giant, saying the data exchange is an invasion of privacy and “the internet isn’t going to break” if their request is granted.

  • April 20, 2017

    DHS Official Says Cyberthreat Info-Sharing Efforts Growing

    The U.S. Department of Homeland Security’s deputy director for privacy said Thursday that more than 100 companies in the health, finance and a range of other sectors are actively participating in a voluntary program established by Congress in 2015 that enables them to share and receive cyberthreat information from the government.

  • April 20, 2017

    Models Say Swingers Club Manager Can’t Leave Ad Suit

    More than two dozen models have asked a Florida federal court to reject a request by a Miami swingers club manager to drop her from their suit alleging their images were used in advertising for the venue without permission, asserting that she was just as culpable as her businesses.

  • April 20, 2017

    $56M Robocall Settlement Fee Objector Demands Own Fees

    The jockeying over attorneys' fees for a $56 million-plus TCPA settlement took a new turn Wednesday, when an objector to the original fee bid took partial credit for its subsequent slashing and said it now deserves its own fee award.

  • April 20, 2017

    Panel Says Judge, Not NJ Transit, To Redact Harassment Docs

    A state appeals panel Thursday ruled that a trial court judge must review and redact sexual harassment complaints against NJ Transit before they’re provided to a fired supervisor to potentially bolster her own case against the agency, citing the privacy concerns for the other potential victims.

  • April 20, 2017

    Google Must Give Gov't Overseas Data, Judge Says

    A California magistrate judge on Wednesday denied Google’s bid to slip a search warrant requesting certain user content stored overseas, holding that the tech giant must produce all responsive information that is retrievable from the United States, regardless of where it is stored.

  • April 20, 2017

    SEC Suits Over Cyber Reporting Could Be On Horizon

    The U.S. Securities and Exchange Commission has yet to lodge a formal enforcement action against a public company for failing to report cyber incidents and risks, but that could change soon, the agency’s acting enforcement chief warned Thursday, adding that she could “absolutely” envision circumstances where one would be necessary.

  • April 19, 2017

    Hulk Hogan, Billionaire Slam Gawker For Info Hunt

    The three victorious parties in the lawsuit that brought down Gawker Media LLC ­­— wrestler Hulk Hogan, his attorneys at Harder Mirell & Abrams LLP and billionaire Peter Thiel — all pushed back in New York bankruptcy court Tuesday against Gawker's request for discovery, calling it a last-gasp effort to lash out at Thiel for financing the case.

  • April 19, 2017

    FTC Head Says Privacy 'Harm' Lines Will Soon Be Clearer

    Acting Federal Trade Commission Chairman Maureen Ohlhausen said Wednesday that the agency will wrap up by the end of the year a project to determine what types of consumer injuries are sufficient to support privacy and data security claims, an effort she says is vital to ensuring consistent enforcement. 

  • April 19, 2017

    Bose, Secret Messaging App Hit With Privacy Suits

    Bose is facing a putative class action accusing it of secretly collecting and sharing information about app users' listening habits, and a private messaging app believed to be used by members of the Trump administration will soon be hit with a separate suit over its alleged failure to adhere to its privacy promises, attorney Jay Edelson said Wednesday. 

  • April 19, 2017

    Facebook, Consumer Spar Over Autodialer In TCPA Text Row

    The consumer accusing Facebook of sending unsolicited text messages that violate the Telephone Consumer Protection Act told a California federal judge on Tuesday that the social media giant was overplaying the necessity of a mid-litigation appeal of an order rejecting its bid to dismiss the suit, which questioned the TCPA's definition of an automatic telephone dialing system.

  • April 19, 2017

    EU Regulator Says Trump Mum On 'Privacy Shield' Pledges

    The European data protection supervisor said Wednesday that he is still "waiting for a phone call" from the Trump administration about whether and how officials will continue to adhere to commitments regarding government surveillance that the prior administration made last year to secure the EU-U.S. Privacy Shield data transfer agreement.

  • April 19, 2017

    Patients Say Telehealth Provider Wrongly Shared Their Data

    A putative class action filed in Florida federal court alleges that national telehealth provider MDLive Inc. has designed its mobile app to secretly capture screenshots including sensitive patient information that it transmitted and stored without restricting access to medical providers with a legitimate need to see it.

  • April 19, 2017

    GOP Rep. Reveals Updated Version Of Dodd-Frank Rewrite

    The long-awaited Republican rewrite of the 2010 Dodd-Frank Act will get its official unveiling at an April 26 House Financial Services Committee hearing, the committee’s chairman announced Wednesday as he released a discussion draft of the bill.

  • April 19, 2017

    Aramark FACTA Suit Can't Survive Under Spokeo, Judge Says

    A Pennsylvania federal judge Wednesday tossed a proposed class action accusing Aramark of violating the Fair and Accurate Credit Transactions Act by including too many payment card digits on receipts, saying the Alabama man leading the suit didn’t allege a sufficient injury under the high court’s landmark Spokeo decision.

  • April 19, 2017

    Calif. Consumer Hits 2 Retail Cos. With Recorded Call Suits

    A consumer filed two putative class actions against a wheelchair retailer and a watch company in California federal court on Tuesday, accusing both of illegally recording phone calls without their customers' knowledge.

Expert Analysis

  • Thoughts On EU's Draft E-Privacy Regulation

    Rohan Massey

    The EU's draft e-privacy regulation sets out to align the requirements of e-privacy and data protection in Europe for the benefits of the Digital Single Market initiative, with an aggressive timetable for implementation to coincide with that of the General Data Protection Regulation in May 2018. This combination of factors may not work in the draft’s favor, says Rohan Massey, leader of Ropes & Gray LLP's privacy practice in Europe.

  • Top 10 Litigation Risks For Retailers In 2017

    Ann Schofield Baker

    With the 2017 retail season in full swing, what issues are keeping retailers up at night? Ann Schofield Baker of Perkins Coie LLP has distilled a list of top retail risks and trends this year, ranging from data breaches, cyber-ransom threats and toxic chemical compliance to the potential for litigation over subjects including shipping fees, discount pricing and website accessibility.

  • Employer Risks When Workplace Communications Go Offline

    Karla Grossenbacher

    As texting becomes more common in the workplace, employers must grapple with how they will fulfill their legal obligations with respect to workplace texts by ensuring they have the same ability to access, view and preserve employees’ texts that they do with employee emails. And this need will only grow more pressing as time goes on, says Karla Grossenbacher of Seyfarth Shaw LLP.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Compliance Front And Center As HHS Keeps Up HIPAA Heat

    David P. Saunders

    For many, the first quarter of 2017 was spent ensuring proper documentation of Health Insurance Portability and Accountability Act compliance programs. As a result, the industry has seen, among other things, an increase in the use of third-party compliance companies to conduct HIPAA risk assessments and a shift to more comprehensive business associate agreements, say David Saunders and William Pericak of Jenner & Block.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • Why FCC Cannot Require Opt-Out Language In Solicited Faxes

    Lewis S. Wiener

    The D.C. Circuit's ruling in Bais Yaakov v. FCC takes some wind out of the sails of would-be plaintiffs seeking to capitalize on the nuances of Telephone Consumer Protection Act and Federal Communications Commission rules. The ruling shows the court's willingness to hold the FCC accountable when it takes actions outside of its authority, say attorneys with Eversheds Sutherland (US) LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.

  • Takeaways From The ABA Antitrust Spring Meeting: Part 3

    Chuck Samel

    In the final installment of this review of last week's American Bar Association Antitrust Section meeting, attorneys with Perkins Coie LLP discuss the sessions that focused on consumer protection.