• April 11, 2017

    Debt Collector Faces FDCPA Suit Over Unclear Letter

    A New York resident hit Portfolio Recovery Associates LLC with a proposed class action in federal court Tuesday alleging that the debt collector violated the Fair Debt Collection Practices Act by using a confusing and unlawful form letter to try to collect on consumer debts.

  • April 11, 2017

    Call Recipients Oppose Stay In Hospital TCPA Suit

    The recipients of allegedly autodialed calls from Rady Children’s Hospital-San Diego blasted the pediatric medical center’s bid to pause a Telephone Consumer Protection Act suit pending an upcoming D.C. Circuit decision on the privacy statute or else to toss it entirely, arguing Monday that a stay would be prejudicial and dismissal isn’t warranted.

  • April 11, 2017

    2nd Circ. Urged To Rethink Ad Co.'s Web Tracking Suit Win

    A pair of device users urged the full Second Circuit on Monday to reconsider a panel’s recent decision to affirm the dismissal of their claim that digital advertising company PulsePoint wrongly enriched itself by spying on users’ online activity, arguing the state’s unjust enrichment law was inappropriately applied.

  • April 11, 2017

    Benesch Adds 5 Lawyers To Litigation Practice

    Benesch Friedlander Coplan & Aronoff LLP said Monday it continues to expand its complex business litigation practice with the addition of five lawyers, including two partners and an associate from Sheppard Mullin Richter & Hampton LLP, at its Chicago and Cleveland offices.

  • April 11, 2017

    Yahoo Not Owed Defense In Spam Texts Suits, Insurer Says

    National Union Fire Insurance Co. hit back Monday in California federal court against a suit by Yahoo Inc. alleging the insurer failed to defend it in five proposed class actions over unsolicited text messages, saying California law clearly limits its obligations to defending suits alleging the disclosure of personal information, not nuisance texts.

  • April 10, 2017

    EU Regulators Mostly Back Sweeping E-Privacy Rules

    The European Union’s independent data protection authority, otherwise known as the Article 29 Working Party, has mostly thrown its support behind a recent proposal for tighter online privacy rules by the European Commission, calling it an important step that fills holes in new regulations approved last year.

  • April 10, 2017

    Fired St. Louis Journalist Denies Cyberstalking Campaign

    A disgraced Missouri journalist pled not guilty in New York federal court Monday to a charge of cyberstalking, after prosecutors said he threatened a former girlfriend with a campaign of revenge porn for breaking up with him and made threats in her name.

  • April 10, 2017

    Small Business Cybersecurity Bill Passes Senate Committee

    The Senate Commerce Committee has passed a bill introduced by a bipartisan group of U.S. senators that would offer small businesses additional resources to help them protect against and manage cybersecurity risks, clearing the matter for consideration by the full Senate.

  • April 10, 2017

    Class Status Sought In CVS Robocall Dispute

    Telephone Consumer Protection Act plaintiffs suing CVS asked an Illnois federal court Friday for class certification, saying that since 2010 potentially 450,000 people nationwide have received automated sales calls from the drugstore chain in violation of the statute.

  • April 10, 2017

    Wells Fargo Strikes Deal Over Junk Faxes In Ill. TCPA Row

    Wells Fargo & Co. and a contractor agreed to submit to an injunction and pay $7,500 to a woman who’d lodged a proposed class action over junk faxes, ending the suit but leaving open the possibility of future similar cases, according to papers filed in Illinois federal court on Monday.

  • April 10, 2017

    Spyware Class Actions Against Cellphone Maker Consolidated

    A Florida federal judge on Monday agreed to consolidate a pair of proposed class actions filed against Blu Products Inc. just weeks apart last year over a revelation that factory-installed spyware was sending certain Android phone users’ personal information, including text messages, to servers in China.

  • April 10, 2017

    House Repubs Urge FCC To Guard Online Privacy For Now

    A group of 50 House Republicans told Federal Communications Commission Chairman Ajit Pai that he has the authority to protect consumers online and should use it until the FCC “rectifies” the Open Internet Order's removal of internet service providers from Federal Trade Commission authority.

  • April 10, 2017

    Gov't Sues Russian Linked To Election Hacks To Stop Botnet

    The U.S. Department of Justice announced Monday that it has sued Russian programmer Pyotr Y. Levashov, also reportedly linked to computer hacking as part of the Russian “influence campaign” ahead of the 2016 presidential election, accusing him of operating the Kelihos “botnet.”

  • April 10, 2017

    Sodexo Faces FCRA Dispute Over Consumer Reports

    Food services and facilities management company Sodexo Inc. violated the Fair Credit Reporting Act by failing to properly disclose that consumer reports might be obtained and used for employment purposes, a job applicant alleged in a proposed class action that landed in Pennsylvania federal court Monday.

  • April 10, 2017

    Steakhouse Says Receipt Suit Still Fails Under Spokeo

    Wolfgang’s Steakhouse urged a New York federal judge Friday to end a proposed class action accusing the restaurant of improperly printing payment card expiration dates on customers’ receipts, saying a patron’s revamped claims still aren’t enough to establish standing under the U.S. Supreme Court’s landmark Spokeo decision.

  • April 10, 2017

    Godiva, Consumer Urge 11th Circ. To Affirm $6.3M Deal

    Godiva Chocolatier and the consumer who accused it of printing too many payment card digits on receipts both urged the Eleventh Circuit on Friday to approve their $6.3 million settlement ending the proposed class action and to ignore a pair of “professional objectors” who claim the deal was unbalanced.

  • April 7, 2017

    EA Seeks To Trim Calif. Publicity Claim From Madden Suit

    Electronic Arts asked a California federal judge Friday to trim a state law right-of-publicity claim from a suit by former National Football League players over the use of their likenesses in Madden video games, saying the law’s narrow language excludes the game’s avatars, which all use the same generic faces.

  • April 7, 2017

    Texas College Can Argue Info Release Would Violate Privacy

    A Texas appellate court decided on Friday to revive a lawsuit that was brought by The University of Texas System against Attorney General Ken Paxton over his decision that the identities of human research subjects were releasable, holding there was a fact issue over whether the release would be a violation of privacy. 

  • April 7, 2017

    Senate Dems Float Bill To Revive Nixed FCC Privacy Rules

    Democratic lawmakers led by Sen. Edward J. Markey, D-Mass., flexed their legislative muscle on Thursday by introducing a bill that would restore the Federal Communications Commission’s broadband privacy rules that were repealed earlier in the week with a signature by President Donald Trump.

  • April 7, 2017

    NJ Atty Accused Of Stealing Prosecutor's Files As Intern

    A New Jersey attorney has been charged with stealing files and data from the Morris County Prosecutor's Office while previously working there as a legal intern, authorities said.

Expert Analysis

  • In Congress: Light Floor Schedule, Heavy On Committees

    Richard Hertling

    Republican leadership in the House and Senate will need to refocus their efforts this week, after a failed attempt to repeal and replace the Affordable Care Act. The lead-up to the canceled vote last week highlighted the divisions within the Republican conference, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Challenging Personal Jurisdiction In Online Conduct Cases

    Blaine C. Kimrey

    A discussion of personal jurisdiction is conspicuously absent from an Illinois federal judge's recent opinion in Rivera v. Google. However, it seems that a company like Google could rely on past Seventh Circuit and U.S. Supreme Court decisions to dispute personal jurisdiction when there are no contacts between the defendant and the forum state, other than those created by the plaintiffs, say Blaine Kimrey and Bryan Clark of Vedder Price PC.

  • How Past And Present Aerial Photography Can Make The Case

    David Ruiz

    Many cases hinge on visual evidence. And aerial photography can play a key role, showing how geographic features or buildings looked in the past or have changed over time. Legal teams should be aware of the aerial photography resources available and the impact technological advances in the field may have on helping prove their case, says David Ruiz of Quantum Spatial Inc.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • What Cos. Must Know About Social Media And Insurance

    Mikaela Whitman

    The instantaneous worldwide access that social media provides, with the ability to repurpose information in the public domain, can multiply a company's liability exposure with a single click. Mikaela Whitman of Liner LLP discusses what steps to take in order to maximize available insurance coverage for social media claims.

  • Reducing Administrative Burden Under New 'Common Rule'

    Lisa Rooney

    The U.S. Department of Health and Human Services' recent revisions to the “Common Rule” aim to reduce administrative and regulatory burden on the informed consent process. However, the revised rule will simply add to or shift such burden to other individuals and entities, say Lisa Rooney and Scott Lipkin of FTI Consulting.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Dealing With 'Relatedness' Under Cyberinsurance Policies

    Marc E. Rindner

    When organizations respond to data breaches, they sometimes discover additional breaches that may significantly impact insurance claims. Insurers must recognize unique coverage considerations due to the potential asymmetry of information when related claims issues arise under cyberpolicies, say attorneys with Wiley Rein LLP.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • New NY Cybersecurity Regs Will Have National Reach

    Romaine Marshall

    Given the national reach of the New York Department of Financial Services, the impact of New York's new cybersecurity regulations for the financial services sector will be felt far beyond the state of New York. The new rules may drive similar changes to other state and federal information protection laws, becoming the baseline standard for the industry, say Romaine Marshall and Matt Sorensen of Holland & Hart LLP.