Privacy

  • May 17, 2017

    Playboy Model Loses Bid To Dodge Case Over Gym Pic

    A Los Angeles county judge has declined to dismiss an invasion of privacy charge brought by the state of California against former Playboy playmate Danielle Mathers, who posted a nude photo of an elderly woman in a gym locker room and mocked her on social media in July.

  • May 17, 2017

    FTC’s Definition Of Cyber Injury Getting Broader, Chief Says

    Having done a good job “clearing out the low-hanging fruit” of corporate cybersecurity safeguards for consumer data, the Federal Trade Commission’s temporary chief said Wednesday that the agency is now focusing on an expanded definition of what can constitute “substantial” injury to consumers.

  • May 16, 2017

    Student Sues Prof, HarperCollins Over Harassment Book

    A graduate student on Tuesday sued a Northwestern University professor and HarperCollins Publishers LLC, claiming Laura Kipnis' book on campus sexual harassment includes details about her life and private text messages involving allegations she made against one of her professors at the same university.

  • May 16, 2017

    Cybersecurity Fight Gets More Unified With Executive Order

    The Trump administration issued an executive order last week instructing agencies to proactively assess cybersecurity risks and share threat information in order to better safeguard federal networks and infrastructure, a move that brings the government closer to an approach long embraced by the private sector and ramps up liability risks for companies that have yet to embrace the practices.

  • May 16, 2017

    Macy's Cites Spokeo In Bid To Drop Robocall Class Action

    Macy’s has called for the dismissal of claims that it harassed consumers with unauthorized robocalls in violation of the Telephone Consumer Protection Act, telling a Florida federal judge Monday the consumer leading a proposed class action hasn’t suffered a concrete injury under the U.S. Supreme Court’s Spokeo precedent.

  • May 16, 2017

    House Authorizes National Cyber Security Center

    The federal government could soon have a fully authorized cybersecurity center after the House of Representatives voted Tuesday to officially approve the existing National Computer Forensic Institute.

  • May 16, 2017

    Patients Can’t Stay Anonymous In Doctor Sex Assault Suit

    A Connecticut appeals court on Monday affirmed a trial judge’s decision denying two patients the continued use of pseudonyms in a suit accusing a pediatrician of sexual assault and medical negligence, saying the patients didn’t provide enough evidence to justify keeping their identities hidden.

  • May 16, 2017

    No Redo For Dish Network $20.5M Telemarketing Trial Award

    Dish Network suffered a setback Tuesday in its ongoing effort to undo a $20.5 million verdict in a telemarketing class action when a North Carolina federal court denied its motion for a new trial, though the company continues to hotly contest the payment process.

  • May 16, 2017

    DocuSign Says Customer Emails Accessed By Hackers

    Electronic signature service DocuSign Inc. said Monday that hackers temporarily accessed a system that contained customer email addresses after last week reporting an increase in phishing emails to users that tried to trick recipients into opening an attached document that contained malware.

  • May 16, 2017

    Poshmark Lands Quick Win In TCPA Suit Over User Invites

    A California federal judge handed online clothing marketplace operator Poshmark Inc. a quick win Monday after finding that the unauthorized text messages a consumer claimed he received in violation of the Telephone Consumer Protection Act were actually initiated by a user of Poshmark’s application.

  • May 16, 2017

    Dilworth Paxson Nabs Gibson Dunn IP Pro In NY

    A former Gibson Dunn & Crutcher LLP partner has jumped to Dilworth Paxson LLP in New York, bolstering the firm’s intellectual property and emerging company practice with a background that includes cutting-edge work on artificial intelligence, blockchain, risk-related technologies and cybersecurity.

  • May 15, 2017

    Cyberattack Shows Need For Collaboration Amid Patchwork

    Businesses and regulators alike continued to scramble Monday to manage the fallout from a massive worldwide cyberattack and to figure out ways to prevent it from happening again. But experts say that a focus on collaboration and creativity, rather than trying to come up with a uniform global security standard, is likely to be the most attainable and effective path forward.

  • May 15, 2017

    Global Ransomware Attack Shows Cyber Coverage Is Critical

    A massive global cyberattack that began Friday illustrates the need for businesses to obtain robust insurance policies to cover everything from hackers' ransom demands to restore system access to business interruption losses, experts say. Here, Law360 examines how companies can best shield themselves from the ever-evolving ransomware threat.

  • May 15, 2017

    CenturyLink Checks Credit Before Customers Buy, Suit Says

    CenturyLink Communications LLC pulled credit reports on consumers before they signed up for services with the telecom, leaving records of a “hard inquiry” into the individuals' credit that can drop their score, according to a putative class action filed in Illinois federal court Monday.

  • May 15, 2017

    Ill. Hospital Loses Records Fight In Patient Fall Suit

    An Illinois hospital is not barred by medical privacy laws from sharing with personal injury plaintiffs the contact information of a patient who may have seen the fall at the center of the suit, a state appeals court has ruled.

  • May 15, 2017

    High Court Asked To Toss Trade Secrets Theft Conviction

    An ex-Korn/Ferry International recruiter has urged the Supreme Court to review a Ninth Circuit decision upholding his conviction for trade secrets theft and violating the Computer Fraud and Abuse Act, saying the ruling exacerbates a deep division among circuit courts and “massively and unpredictably expands the scope of liability.”

  • May 15, 2017

    App Maker Faces Suit Over Texts To Users' Contacts

    Everalbum Inc. has been hit with a proposed class action in Florida federal court alleging that the application developer tricks users of its photo sharing and backup app into sharing their contacts and then sends those people telemarketing texts.

  • May 15, 2017

    Ex-Crowell Atty Lodges IP, Privacy Suit Over 'Cheater' Post

    An ex-Crowell & Moring LLP attorney on Thursday accused a former colleague of helping his wife post libelous allegations on a website that purports to out unfaithful romantic partners, saying they invaded her privacy and violated her copyright by posting a firm-profile photo of her.

  • May 15, 2017

    Media Cos. Say Hearing Testimony Supports FOIA Requests

    A group of media companies told a Washington, D.C., federal judge Friday that the early May revelation during a Senate Judiciary Committee hearing that the Federal Bureau of Investigation paid $900,000 for a tool used to hack one of the San Bernardino attackers’ iPhones supports their efforts to declassify related files.

  • May 15, 2017

    Honda Can't Get Quick Win In TCPA Unwanted Call Suit

    A California federal judge denied Honda's bid for a quick win in a proposed class action accusing it under the Telephone Consumer Protection Act of making unwanted phone calls, ruling Friday that there was no evidence that a customer gave written consent to receive the calls.

Expert Analysis

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Another Way To Challenge Standing In Data Breach Cases

    David Cohen

    A common tactic in defending federal consumer data breach litigation is challenging the plaintiff’s standing on a motion to dismiss. Most such challenges are “facial,” but a California federal court's decision in Foster v. Essex Property demonstrates an additional avenue — a so-called “factual” challenge to standing, which is based on evidence, say David Cohen and Ani-Rae Lovell of Ropes & Gray LLP.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • How Employee Data Habits Can Increase Corporate Legal Risk

    David Horrigan

    In our daily work lives, we see a fair amount of anecdotal evidence indicating many of us engage in workplace behaviors that put our personal privacy and company data at risk. However, the results of a recent survey provide a more definitive look at how the era of big data for employees could lead to big risk for employers, says David Horrigan, e-discovery counsel at kCura LLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why Oregon Lawmakers Are Shielding Cannabis Buyers’ Data

    Kayla Matthews

    Oregon lawmakers have given new privacy protections to people buying cannabis in the state. While customers must still show identification to prove they are of legal age to buy the drug, dispensaries will no longer be able to permanently retain identifying data. The new bill pushes back against the Trump administration's hints of renewed enforcement of federal laws against marijuana, says Kayla Matthews.

  • Victory For 'Drone Slayer' Puts State Laws In Spotlight

    William O'Connor

    A Kentucky federal judge recently dismissed a lawsuit against a man who shot down a drone that he believed was flying over his own property in 2015. The ruling leaves open many questions concerning aerial trespass and federal authority, and may become more important as states and municipalities consider drone-related legislation, say attorneys from Morrison & Foerster LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.