Privacy

  • January 10, 2017

    DC Police Want DC Circ. Rethink On Warrantless Search

    The District of Columbia on Monday warned the D.C. Circuit of hamstringing law enforcement by leaving intact a divided panel decision upending immunity for two officers accused of unconstitutionally searching a U.S. Army veteran's home for a bomb, based on his military experience.

  • January 10, 2017

    HHS, Ill. Hospital Network Settle Data Breach Action

    An Illinois-based hospital network settled with the U.S. Department of Health and Human Services’ Office for Civil Rights over claims it failed to properly notify more than 800 of its patients when their personal information was stolen, the department announced Monday.

  • January 10, 2017

    NSA Can't Skate Winter Olympics Spying Suit

    The National Security Agency can’t escape a proposed class action brought by the former mayor of Salt Lake City and six residents alleging the NSA spied on attendees of the 2002 Winter Olympics, after a Utah federal judge Tuesday said the class’ claims are believable.

  • January 10, 2017

    Constangy Snags Ex-Reed Smith Partner To Open SF Office

    Constangy Brooks Smith & Prophete LLP has opened a new office in San Francisco led by a former Reed Smith LLP partner as it moves to expand its national labor and employment law practice in California, the firm announced Tuesday.

  • January 10, 2017

    Gmail, WhatsApp To Face Tougher EU Privacy Rules

    The European Union is beefing up its privacy rules for electronic communications to include web players such as WhatsApp, iMessage and Gmail, the union’s executive branch announced on Tuesday.

  • January 10, 2017

    Prison Callers Defend Revamped Securus Recording Suit

    Prison phone users Monday stood by their class allegations that Securus Technologies Inc. recorded their calls without permission, arguing that the reasserted fraud and misrepresentation claims are detailed enough and that the telephone service provider is treading on already-decided ground.

  • January 9, 2017

    Consumer In Spokeo FCRA Row Slams Cite Of Other Rulings

    A consumer suing Spokeo over its alleged reporting of inaccurate information in violation of the Fair Credit Reporting Act, a case that prompted a landmark U.S. Supreme Court ruling, urged the Ninth Circuit Saturday to disregard two recent appellate court decisions that Spokeo argues support its bid to nix the dispute.

  • January 9, 2017

    The Firms That Dominated In 2016

    Law360's Firms of the Year rose above the competition in 2016 by earning a combined 20 Practice Group of the Year awards on the strength of work that helped their clients attain game-changing judgments and close record deals.

  • January 9, 2017

    11th Circ. Won't Revive Privacy Suits Over Fla. Driver Info

    The Eleventh Circuit on Monday affirmed the dismissal of a Florida couple's cases against local governments and their workers over allegedly improper access of their personal information through state driver and motor vehicle records, ruling that their claims are time-barred.

  • January 9, 2017

    Insurer, Gym Resolve Coverage Row Over Nude Taping Suits

    A North Carolina federal judge on Monday dismissed Scottsdale Insurance Co.'s coverage dispute with a gym regarding two lawsuits over its former employee's alleged videotaping of female patrons undressing in a tanning bed after the parties informed the court of a settlement in the underlying actions last week. 

  • January 9, 2017

    Reps. Reintroduce Widely Supported Email Privacy Act

    A pair of D.C. lawmakers on Monday reintroduced federal legislation aimed at barring the government from accessing stored electronic communications held by service providers without a warrant, a proposal which received wide bipartisan support last year but ultimately stalled in the U.S. Senate.

  • January 9, 2017

    How The GOP May Undo Wheeler's Telecom Legacy

    Republicans who have long complained of what they call an activist and wrongheaded agenda at Chairman Tom Wheeler’s Federal Communications Commission are preparing to take control of Congress and the White House, and experts say they see three ways the GOP may seek to reverse key elements of his legacy.

  • January 9, 2017

    DOD Chief Carter Says Russia Hacks Need Larger Response

    Outgoing Defense Secretary Ashton Carter on Sunday called for a strong, broad response against Russia following the release of an intelligence report showing it had interfered with the 2016 U.S. presidential election, saying retaliation against the cyber attacks should not be limited to cyberspace alone.

  • January 9, 2017

    Court Upholds Device Search Prompted By IP Address

    A Minnesota federal judge ruled Thursday that local law enforcement officials were justified in using an internet protocol address to track down a man suspected of having sexually explicit conversations with minors and had broad latitude to search electronic devices they believed to be tied to the alleged crime.

  • January 9, 2017

    Future Of Wellness Program Regs Murky After Block Denied

    New Equal Employment Opportunity Commission rules setting parameters for employer-sponsored wellness programs took effect Jan. 1, days after surviving a preliminary injunction request rooted in worries they threaten worker privacy. The rules’ long-term future, however, remains in doubt, as the judge left the door open for a permanent injunction down the road based on the rules' “complex interaction” with various federal laws.

  • January 9, 2017

    Alleged Law Firm Hackers Hit With SEC Injunction

    A New York federal judge on Monday granted a request by the U.S. Securities and Exchange Commission for a preliminary injunction and asset freeze against four Chinese hackers accused of reaping $4 million in illegal profits using insider information about pending corporate deals hacked from the computer systems of two top New York law firms.

  • January 9, 2017

    Over Objections, Appeal Bond Set In $6.3M Godiva Row

    A Florida federal judge adopted the recommendation of a magistrate judge Monday, rejecting a request that two “serial objectors” post a $115,000 bond to appeal a $6.3 million settlement that ended a class action against Godiva Chocolatier Inc., calling the recommended $2,500 bond reasonable.

  • January 9, 2017

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2016 Practice Group of the Year awards, the law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.

  • January 9, 2017

    Google Wallet User Loses Class Cert. Bid In Data Sharing Suit

    Google dodged a putative class action over allegations that it wrongly gave its Google Wallet users’ personal data to third-party app sellers in an order unsealed on Monday from a California federal judge who said the lead plaintiff couldn't prove an injury from the alleged data sharing. 

  • January 9, 2017

    FTC Tests Limits Of Data Security Power In D-Link Action

    The Federal Trade Commission has dialed up its aggressive policing of corporate data security in faulting connected device manufacturer D-Link for missteps that allegedly left consumer data vulnerable but not exposed, but the company's decision to fight back and a looming change in leadership at the commission could spell the end for such security sweeps.

Expert Analysis

  • A Trademark Year In Wine And Beer 2016: Part 4

    David Kluft

    In the penultimate article in his five-part series, David Kluft of Foley Hoag LLP continues to bring you the most interesting beer and wine trademark dispute cases of 2016.

  • How China's Draft Regulations Will Control Cloud Services

    Timothy Stratford

    Last month, China's Ministry of Industry and Information Technology published a draft Notice on Regulating Cloud Services Market Activities. The proposed regulations will create new restrictions on foreign investment and partnership activities and set other new requirements, say attorneys from Covington & Burlington LLP.

  • Public Records Access V. Privacy: California's Struggle

    Louie Castoria

    As Associate Justice Goodwin Liu commented during oral arguments last week, “Every jurisdiction in California will be parsing what we say to tell their employees what to do.” City of San Jose v. Superior Court poses a narrow question: whether a blanket exemption exists under the Public Records Act for communications conducted on private devices, say Louie Castoria and Aaron Cargain of Kaufman Dolowich & Voluck LLP.

  • National Cybersecurity Report: Top Business Takeaways

    Jonathan G. Cedarbaum

    A recently released report from the nonpartisan Commission on Enhancing National Cybersecurity sets out more than 50 policy recommendations for the next administration. Although it remains unclear how influential the recommendations will be, they deserve careful consideration, and at least some are likely to be pursued by the Trump administration, says Jonathan Cedarbaum of WilmerHale.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • Act 13 And Pennsylvania Fracking: The Drama Continues

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    Four years ago, the Pennsylvania General Assembly passed Act 13 of 2012, a comprehensive updating of the Commonwealth's oil and gas development laws. Its passage spurred the Pennsylvania Department of Environmental Protection to tighten regulations on hydraulic fracturing. But legal challenges to both Act 13 and the ensuing regulations are advancing at a rapid pace, says Michael Reer of Harris Finley & Bogle PC.

  • Spokeo Poses High Hurdle For Background Check Plaintiffs

    Michael P. Daly

    In recent years a species of “no injury” class actions has arisen under the Fair Credit Reporting Act, which requires employers to disclose collection of consumer reports for employment purposes. Although Spokeo did not involve this statute’s specific requirements concerning such disclosures, a number of courts have cited it in dismissing related claims, say attorneys with Drinker Biddle & Reath LLP.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel

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    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • Learning The Limits (And Irony) Of Spokeo

    Roger Perlstadt

    In Mocek v. AllSaints an Illinois federal court recently provided an important lesson to the defense bar on the limits of trying to use Spokeo to escape class actions. We hope that this ruling will go a long way towards correcting a misunderstanding of Spokeo’s impact shared by many members of the defense bar, say Roger Perlstadt and Jay Edelson of Edelson PC.