• 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.

  • June 14, 2017

    Justice Ginsburg On Oral Argument And ‘Imperious’ Attorneys

    Justice Ruth Bader Ginsburg discusses the value of oral arguments, advice for advocates, and the one thing lawyers do that irks her, in the second of two articles based on an exclusive interview.

  • June 14, 2017

    No Reconsideration Bid In Dispute Over J. Crew Receipts

    A New Jersey federal judge on Wednesday declined to reconsider his previous dismissal of a proposed class action accusing J. Crew of printing too many credit card digits on customer receipts, presumably setting up a Third Circuit showdown between the parties.

  • June 14, 2017

    Generics Makers Prevail In Menopause Drug Patent Trial

    A New Jersey federal judge delivered a victory to drug companies accused of infringing patents related to Sebela International Ltd.’s nonhormonal drug for menopausal hot flashes, finding that they did not infringe one patent and invalidating the other two.

  • June 14, 2017

    TransUnion Confused Customers With Crooks, Jury Hears

    A corporate representative for TransUnion conceded Tuesday in California federal court that one of the company’s databases conflated consumers with similarly named terrorists and criminals from a government watch list, bolstering plaintiffs’ claims in an $8 million class action over alleged Fair Credit Reporting Act violations.

  • June 14, 2017

    Dish Seeks Emergency Stay Of $280M TCPA Penalty

    Dish Network on Tuesday asked for a temporary stay of a $280 million judgment against it for violations of do-not-call laws, saying it needs more time to prepare its appeal.

  • June 14, 2017

    Hacker Possibly Violated Release Terms, Judge Says

    A man convicted of hacking the U.S. Department of State and the credit card information of online shoppers has been ordered back into custody, with a Virginia federal judge ruling there was evidence the man had possibly violated the conditions of his supervised release.

  • June 14, 2017

    Bebe Inks TCPA Settlement With 38K Shoppers

    More than 38,000 Bebe shoppers could see $20 each in a proposed settlement over alleged violations of the Telephone Consumer Protection Act amid the contemporary fashion retailer’s broader financial struggles, according to a deal filed Tuesday in California federal court.

  • June 14, 2017

    Sears Wins Arbitration Bid In TCPA Suit Over Text Messages

    A New Jersey federal judge on Tuesday approved Sears' bid for arbitration in a proposed class action claiming it "bombarded" consumers with automated promotional text messages in violation of the Telephone Consumer Protection Act, ruling that Sears clearly spelled out contract terms in its marketing program.

  • June 14, 2017

    Barnes & Noble Shakes Data Breach Class Action

    An Illinois federal judge shot down a class action complaint over a Barnes & Noble data breach for the third and final time Tuesday, saying the class representatives had failed to show economic damages.

  • June 14, 2017

    11th Circ. Urged To Revive Bid For $11M Cyberattack Coverage

    A processor of prepaid debit cards asked the Eleventh Circuit on Tuesday to revive its bid for insurance coverage of $11.4 million in losses stemming from a fraudulent redemption scheme that exploited a glitch in its computer system, contending that a Georgia federal court misinterpreted the computer fraud provision in its policy.

  • June 13, 2017

    Ex-Reuters Editor Tells 9th Circ. Conviction Strains CFAA

    A former Reuters social media editor urged the Ninth Circuit on Tuesday to overturn part of a jury’s conviction on charges he violated the Computer Fraud and Abuse Act by helping hackers break into the Los Angeles Times’ website, arguing it oversteps the CFAA's definition of unauthorized damage to computer data.

  • June 13, 2017

    Sessions Denies Lying, Invokes ‘Privilege’ On Trump Comms

    Attorney General Jeff Sessions struck an indignant tone in Senate testimony Tuesday when he categorically denied taking part in any inappropriate meetings with Russian officials, or lying about those discussions, even as he drew Democrats' ire by repeatedly refusing to discuss conversations with the president.

  • June 13, 2017

    Home Depot Contractor Seeks End To TCPA Suit

    A home remodeling company has urged a Georgia federal judge to dismiss a proposed class action accusing it of violating the Telephone Consumer Protection Act by calling people who were registered not to receive telemarketing calls, arguing there is no evidence the calls were made for sales purposes.   

  • June 13, 2017

    Disgraced Ex-Reporter Cops To Cyberstalking, Bomb Threats

    A disgraced former journalist for The Intercept on Tuesday admitted to cyberstalking his ex-girlfriend and making bomb threats in her name to Jewish community centers and organizations around the country in an effort to cause her "great distress."

Expert Analysis

  • 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.

  • Sharing Private Information Through 3rd-Party Suppliers

    Stewart Baker

    As businesses expand their sharing of cybersecurity information, they are increasingly relying on companies that make information sharing more efficient and practical. Turning information over to third parties usually brings company lawyers to the table, but careful planning can greatly reduce the related risks, says Stewart Baker of Steptoe & Johnson LLP.

  • Countdown To GDPR Compliance: 1 Year To Go

    Heather Sussman

    The EU's sweeping General Data Protection Regulation will take effect on May 25, 2018. With so much on the line, data controllers and processors will want to take immediate action to prepare for enforcement. The first step is determining whether the GDPR applies to your organization, say attorneys with Ropes & Gray LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • The Next Steps For Biometrics Legislation Across The US

    Justin Kay

    This month, Washington became the third state after Illinois and Texas to enact its own legislation generally governing the collection, use and retention of biometric data. As biometric information becomes more commonplace, there appears to be a renewed focus on the Illinois law, as well as a new impetus in other states to pass similar laws, say Justin Kay and Brendan McHugh of Drinker Biddle & Reath LLP.

  • A Gov't Contractor's Guide To Trump Cybersecurity Order

    Christian Henel

    Although many aspects of the Trump cybersecurity executive order follow along the same lines as the 2013 Obama order, there are three important takeaways for government contractors, says Christian Henel of Kilpatrick Townsend & Stockton LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • What To Look For In Strong Ransomware Insurance

    Evan Bundschuh

    Organizations should take care to avoid developing a false sense of security over the simple placement of ransomware coverage. Terms can vary greatly, so insureds must take a close look at the definitions, terms and conditions to ensure adequate protection, says Evan Bundschuh of Gabriel Bundschuh & Associates Inc.

  • 3 Tips For Using Forensic Firms In Data Breach Response

    Patrick Haggerty

    A company’s ability to quickly and efficiently conduct a forensic investigation is critical to limiting the impact of a data security incident and determining the scope of the incident, says Patrick Haggerty of BakerHostetler.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.