Privacy

  • March 13, 2017

    Match.com Shakes Stabbing Victim's Suit Over Violent Match

    A Nevada federal judge held Friday that a suit brought by a woman attacked by a fellow Match.com user fares no better on remand from the Ninth Circuit, saying she didn’t establish that the dating site had a duty to warn her that the man was dangerous.

  • March 13, 2017

    Researchers Urge 9th Circ. To Deny Names To Abortion Foes

    A proposed class of fetal tissue researchers on Thursday asked the Ninth Circuit to affirm a Washington federal court’s preliminary injunction blocking the University of Washington from providing their names to an anti-abortion group when fulfilling a public records request, saying to do so would needlessly expose them to harm, violating their right to privacy.

  • March 13, 2017

    Oracle Urges FCC To Ax Privacy, Net Neutrality Rules

    Oracle Corp. asked the Federal Communications Commission on Monday to reconsider privacy rules for internet service providers, change course on net neutrality and end consideration of rules to promote set-top box competition, saying the company is optimistic about a new FCC approach.

  • March 13, 2017

    Morrison & Foerster Adds Another Obama Nat'l Security Atty

    Morrison & Foerster LLP bolstered its national security and global risk capabilities last week with the announced hiring of another Obama administration national security attorney, this time a former associate counsel to the president and National Security Council counterterrorism director.

  • March 13, 2017

    Wendy's Execs Want Customer Data Breach Suit Tossed

    A Wendy’s Co. shareholder attempting to lay blame for a 2016 data breach on the chain’s top executives and board of directors failed to first demand an internal investigation, then failed to state any viable claim, thus the derivative suit must be dismissed, the board responded in Ohio court Friday.

  • March 13, 2017

    Trump-Pai Meeting Records Should Be Public, Group Says

    The Electronic Privacy Information Center has asked the Federal Communications Commission for records on a meeting last week between President Donald Trump and FCC Chairman Ajit Pai, arguing Trump’s comments on the media and a Republican push to overturn Obama-era privacy rules demonstrate an urgent public interest.

  • March 13, 2017

    Retailers Seek Class Cert. In Card Chip Antitrust Suit

    A group of retailers has asked a California federal court to certify a class in a lawsuit alleging Visa, Mastercard, American Express and Discover conspired to unlawfully shift fraud liability to merchants, despite complications in switching to a new security chip system.

  • March 13, 2017

    CenturyLink Says 9th Circ. Ruling Doesn't Save FCRA Suit

    CenturyLink Inc. urged an Arizona federal judge Friday not to rethink tossing for lack of standing a proposed class action accusing the company of violating the Fair Credit Reporting Act by obtaining a woman’s consumer report before she placed an order, contending that a recent Ninth Circuit decision doesn’t salvage the litigation.

  • March 13, 2017

    9th Circ. Ends Suit Over $8.5M Google Buzz Deal

    The Ninth Circuit affirmed on Friday the dismissal of a proposed class action brought against Google Inc. over the company's $8.5 million Google Buzz privacy violation settlement, finding that a man challenging the deal failed to show that a “grave miscarriage of justice” had occurred.

  • March 13, 2017

    FTC Demands Docs In Lifewatch Robocall Suit

    The Federal Trade Commission urged an Illinois federal judge Friday to force two companies to cough up information related to their alleged involvement in predatory marketing with Lifewatch Inc. that targeted vulnerable elderly people, calling their opposition to the discovery requests "absurd."

  • March 13, 2017

    Samsung Hit With Privacy Class Action Over Smart TVs

    Samsung was hit with a proposed nationwide class action Friday in New Jersey federal court over its alleged practice of secretly recording consumers’ private conversations through its Smart TV devices, a capability the U.S. Central Intelligence Agency has used to spy, according to a recent WikiLeaks revelation.

  • March 10, 2017

    LabMD Says FTC Shifting Args On Data Security Lapses

    LabMD on Thursday stepped up its opposition to a ruling by the heads of the Federal Trade Commission that declared the company's data security practices were inadequate to protect against unauthorized disclosures, telling the Eleventh Circuit the agency keeps shifting its arguments to fit a conclusion it reached long ago.

  • March 10, 2017

    Class Fairness Atty Hits Auto Warranty Seller With TCPA Suit

    The founder of the Center for Class Action Fairness on Friday hit a business that markets auto warranties with a proposed class action in Missouri federal court alleging that the telemarketer violated the Telephone Consumer Protection Act by placing thousands of unsolicited autodialed cellphone calls to consumers nationwide. 

  • March 10, 2017

    DC Circ. Denies Police's Bid To Rethink Warrantless Search

    A D.C. Circuit panel on Friday declined to revisit its split decision upending immunity for two police officers accused of unconstitutionally searching a U.S. Army veteran's home for a bomb, leaving intact its conclusion that his military experience and other factors weren't enough of a basis for a search.

  • March 10, 2017

    EU High Court Limits Erasure Of Public Data On Biz Owners

    An Italian business owner trying to have links to a past bankruptcy erased from the public record hit a barrier Thursday, after the European Union’s highest court ruled that his local chamber of commerce can refuse to remove the links under the EU’s personal data laws.

  • March 10, 2017

    TransUnion Demands Sanctions For 'False' FCRA Claims

    TransUnion urged a Maryland federal judge Friday to sanction a consumer and his lawyer for bringing a proposed class action accusing the company of violating the Fair Credit Reporting Act by inaccurately reporting information about him, saying the man wouldn’t drop his suit even though his claims were clearly false.

  • March 10, 2017

    McConnell Backs Move To Nix FCC Privacy Rules

    The GOP is lining up to push for rollback of Federal Communications Commission rules pertaining to broadband privacy with a new resolution in the House and Senate Majority Leader Mitch McConnell’s support of a Senate measure.

  • March 10, 2017

    Sex Toy Maker Settles Vibrator Privacy Suit For $3.75M

    The maker of an internet-enabled vibrator that can be controlled remotely by an app agreed Thursday to pay $3.75 million to settle a privacy violation suit in Illinois federal court that alleges the sex toy purveyor had secretly collected intimate information from users such as when and on what settings the device was used.

  • March 10, 2017

    JPMorgan Loses Bid To Undo $1.3M Fraud Row Revival

    JPMorgan Chase must face a Florida man’s allegations that it helped siphon $1.3 million of his money out of a Chase account after the Eleventh Circuit on Thursday declined to rethink its January decision to revive the previously dismissed case.

  • March 10, 2017

    Former FCC Enforcement Chief Joins Boies Schiller

    Boies Schiller Flexner LLP on Thursday announced that the former head of the Federal Communications Commission’s Enforcement Bureau has joined the firm, bringing his extensive experience handling consumer protection, cybersecurity, privacy and telecommunications issues to its Washington, D.C., and Silicon Valley offices.

Expert Analysis

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Cyber Ecosystem: Evolving Tech And Risk Governance

    Sonja S. Carlson

    The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Fla. High Court Ruling Undermines Patient Safety System

    Jerome W. Hoffman

    The Florida Supreme Court recently held in Charles v. Southern Baptist Hospital that adverse incident reports maintained in a provider’s patient safety evaluation system are not privileged patient safety work product. The court’s reading of the Patient Safety and Quality Improvement Act sharply conflicts with the act's purposes, say Jerome Hoffman and Erica Gooden Bartimmo of Holland & Knight LLP.

  • Here Come The Drones — And The Legal Headaches

    Nathan Bohlander

    Unmanned aerial vehicles are being adapted for a myriad of commercial purposes, by a range of industries including entertainment, energy, farming, real estate, telecommunications, shipping and construction. But as drone usage proliferates, manufacturers and distributors must be cognizant of product liability risks, safety standards, technological developments, and changing insurance coverage requirements, says Nathan Bohlander of M... (continued)

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Japan's High Court Weighs In On Right To Be Forgotten

    Gretchen Ramos

    A recent decision from Japan’s highest court is inconsistent with how many countries view the right to be forgotten. It might signal trouble for EU-Japanese data transfers, say Gretchen Ramos and Jolin Lin of Squire Patton Boggs (US) LLP.

  • Leveraging Trademark Law To Commercialize A Meme

    Catherine V. Riley

    Memes provide an enticing marketing opportunity, but navigating commercialization is complicated. If you have the luck and creativity to create a viral meme, using trademark protection, while still promoting its continued fair use, may be an effective route for ultimately capturing its commercial value, say Catherine Riley and Dorna Mohaghegh of Frankfurt Kurnit Klein & Selz PC.