• February 10, 2017

    Consent Questions Negate TCPA Class Action: Pizza Hut

    Pizza Hut franchises fought Thursday against a putative class suit alleging violations of the Telephone Consumer Protection Act, arguing that there are too many individualized issues of consent over the allegedly unsolicited text messages for the suit to continue as a class action.

  • February 10, 2017

    Tribe Tells High Court Not To Take Credit Card Receipt Case

    The Oneida Tribe of Indians of Wisconsin on Wednesday urged the U.S. Supreme Court not to review a Seventh Circuit decision refusing to revive a man’s suit claiming that the tribe illegally printed too much credit card information on receipts, saying he hasn’t stated any compelling reason for review.

  • February 10, 2017

    $55M Global Debit Card Heist Mastermind Get 8 Years

    A Turkish national who masterminded a $55 million to steal debit card data and make fraudulent withdrawals was sentenced in a New York federal court Friday to eight years in prison, a sentence motivated in part by the fact he’s still facing a long stretch in a Turkish prison.

  • February 10, 2017

    Premera Blue Cross Can't Escape Data Breach Suit

    An Oregon federal judge has found Premera Blue Cross can’t escape revised consumer and employee allegations of fraud in multidistrict litigation stemming from a 2015 data breach affecting 11 million people.

  • February 10, 2017

    SuperAmerica Agrees To $3.5M Deal To End TCPA Suit

    A putative class of consumers suing SuperAmerica, a popular convenience store chain, asked a Minnesota federal judge on Thursday for preliminary approval for a $3.5 million deal to settle their Telephone Consumer Protection Act claims.

  • February 9, 2017

    Firms Fight To Lead Yahoo Data Breach MDL

    Five law firms fought in California federal court Thursday to take the lead in multidistrict litigation against Yahoo Inc. over massive data breaches affecting more than a billion users, with one firm arguing that the litigation is sufficiently complex that it could take two law firms to litigate.

  • February 9, 2017

    Plaintiff Can't Use TCPA Ruling To Show Harm, Spokeo Says

    Spokeo Inc. on Wednesday fired back at the man who has accused the people-search website of injuring him by reporting inaccurate information, telling the Ninth Circuit that the dispute is "starkly different" from a Telephone Consumer Protection Act case recently raised by the plaintiff in support of his standing to sue. 

  • February 9, 2017

    CVS Clinics Can't Escape TCPA Case On Plaintiff's Testimony

    The uneven testimony of one of the plaintiffs at the center of a Telephone Consumer Protection Act case against CVS and its series of walk-in clinics does not defeat a lawsuit against the clinics, in part because the companies took too long to raise their concerns, an Illinois federal judge ruled Thursday.

  • February 9, 2017

    Microsoft Loses 4th Amendment Claim In Gag Order Row

    A Washington state federal judge cleared the way Thursday for Microsoft to proceed with its claims that the government's practice of barring internet service providers from informing customers of warrants for their data violates the First Amendment, but struck down its bid to bring Fourth Amendment claims on behalf of its users. 

  • February 9, 2017

    Pa. Appeals Court Axes Home-Care Worker Info Release Order

    The Pennsylvania Commonwealth Court on Wednesday issued a split decision finding that addresses of home-care workers are not exempt from disclosure under the state’s Right to Know Law, but also saying state officials must further evaluate whether to release the information in light of a recent Pennsylvania Supreme Court ruling.

  • February 9, 2017

    CareFirst Data Breach Suit Properly Tossed, DC Circ. Told

    CareFirst BlueCross BlueShield on Wednesday urged the D.C. Circuit to affirm the dismissal of a putative class action over a 2014 data breach targeting the health insurer's database, arguing that none of the plaintiffs had suffered a concrete injury tied to the cyberattack.

  • February 9, 2017

    Calif. Appeals Court Finds Wayans' Conduct Protected Speech

    A California appeals court on Thursday affirmed a lower court’s dismissal of a movie extra’s harassment suit against the actor Marlon Wayans for allegedly calling him a racial slur on set, saying the conduct was constitutionally protected activity as part of the actor’s creative process.

  • February 9, 2017

    Computer Scammer Admits Ripping Off Pa. Oil Co.

    A Moldovan man has copped a plea to charges he participated in a phishing ring that used computer malware to target a western Pennsylvania oil drilling company and school district for millions of dollars, federal prosecutors said.

  • February 9, 2017

    FTC Blasts Amazon's Alternative Relief Plan In App Row

    The battle between and the Federal Trade Commission over how the retailer will refund customers charged for unauthorized app purchases by their children continued to rage Wednesday, as the agency pressed a Washington judge to allow consumers potentially more than one claim submission. 

  • February 9, 2017

    GOP Senators Push Trump For ‘Tough-Minded’ Russia Policy

    Republican senators continue to push a reticent President Donald Trump for a hard stance on Russia, with legislation introduced on Wednesday aimed at preventing unilateral sanctions relief and a letter to the president on Thursday urging a “tough-minded and principled policy.”

  • February 9, 2017

    Neiman Marcus Data Breach Suit Tossed For Inaction

    An Illinois federal judge on Thursday threw out a putative class action accusing Neiman Marcus of failing to protect consumers from a 2013 data breach, saying that the parties have failed to make any progress on the case since March.

  • February 9, 2017

    2nd Circ. Looks Unwilling To Revive 'Project Runway' Class

    The Second Circuit showed little inclination Thursday to overturn a judge who refused to certify a class of consumers contacted via robocalls to hype the television show “Project Runway” despite dire warnings that the ruling would encourage other Telephone Consumer Protection Act violators not to house records.

  • February 9, 2017

    Consumer Fights Stay Of Body Shop Credit Card Privacy Suit

    A putative class of consumers claiming The Body Shop provided receipts revealing too much of their credit card numbers has told a Florida federal court that the beauty product retailer's request for a stay pending settlement approval in a similar case is pointless and contradicts earlier arguments.

  • February 9, 2017

    Yahoo Hit With Small-Business Class Action Over Data Breach

    A small-business owner who used Yahoo Inc. services to run his websites and advertise online launched a proposed class action against the internet giant on Wednesday for breaching its contract and negligently allowing hackers to make off with a billion users’ data in two breaches disclosed last year.

  • February 9, 2017

    California Children's Hospital Hit With TCPA Action

    Rady Children’s Hospital-San Diego was slapped with a proposed class action in California federal court Wednesday alleging that the pediatric medical center violated the Telephone Consumer Protection Act with autodialed debt-collection calls to consumers’ cellphones.

Expert Analysis

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 1

    David Kluft

    I always worry about what will happen if someone at a Super Bowl party asks me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits IP lawyers are supposed to know about. This article is my solution — a summary of gridiron IP disputes since the last Super Bowl, says David Kluft of Foley Hoag LLP.

  • How The Cayman Islands Updated Its Confidentiality Law

    Andrew Bolton

    Last year, as part of a move toward transparency, cooperation and information-sharing, the Cayman Islands replaced its 40-year-old confidentiality law with a new statute. The key change is that disclosure of confidential information is no longer a criminal offense; instead, liability is returned to the realm of common law and rules of equity, say Andrew Bolton and Jane Hale of Appleby.

  • Key Takeaways From FINRA’s 2017 Priorities Letter

    Peter W. LaVigne

    The compliance issues described in the Financial Industry Regulatory Authority’s 2017 priorities letter will apply differently at different firms, but a good place for any firm to start would be regular testing of internal supervisory controls, followed by testing of the firm’s cybersecurity controls, says Peter LaVigne of Goodwin Procter LLP.

  • A Look Back At A Year Of Record-Setting HIPAA Enforcement

    David P. Saunders

    Last year saw unprecedented levels of enforcement actions, fines and, as a result, aggregate Health Insurance Portability and Accountability Act penalties being assessed. This year, the question on many HIPAA-watchers' minds, however, is whether 2016 is the “new normal” or if it was aberrational, says David Saunders of Jenner & Block.

  • Maritime Cybersecurity Regulation On The Horizon: Part 2

    Christopher Burris

    Cybersecurity for ships, ports, terminals and offshore facilities is becoming an increasing concern for energy companies. As Congress considers relevant legislation, and agencies including the U.S. Coast Guard, the Department of Homeland Security and others begin exploring maritime cybersecurity regulations, energy firms must stay abreast of developments, say attorneys from King & Spalding LLP.

  • Bitcoin Users Should Expect More IRS And DOJ Scrutiny

    Mark Milton

    As the value of a bitcoin hovers near $1000, holders of the digital currency may be celebrating. But bitcoin users face new scrutiny from federal authorities. The IRS' quest for information on users of the Coinbase bitcoin exchange service is part of a joint effort with the U.S. Department of Justice to pursue tax evaders, says Mark Milton of Husch Blackwell LLP.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • Maritime Cybersecurity Regulation On The Horizon: Part 1

    Christopher Burris

    Energy is one of the industries most targeted by cyberattacks. Now, maritime operations are emerging as the next frontier for cybersecurity regulation affecting the energy sector. Congress, federal agencies and international organizations are pushing cybersecurity measures for ships, ports, terminals and offshore facilities. The energy industry must prepare for regulations in this area, say attorneys from King & Spalding LLP.

  • What Every Co. Should Learn From Yahoo's Mega-Breach

    Brandon N. McCarthy

    The ramifications of recent large-scale data breaches reported by Yahoo go far beyond inciting the distrust of over 1 billion Yahoo users. Particularly, speculation about the impact of these breaches on Verizon's planned acquisition of Yahoo should serve as a glaring reminder to all companies that data protection and privacy is a board-level issue, say Brandon McCarthy and Rachel Riley of Bracewell LLP.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.