Privacy

  • 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.

  • March 9, 2017

    SolarCity Faces TCPA Cert. Bid, Says Some Agreed To Calls

    A putative class alleging it received unwanted sales calls from SolarCity Corp. in violation of the Telephone Consumer Protection Act asked a California federal judge for class certification Thursday, while the company said its evidence some members had consented to phone calls creates a roadblock to commonality.

  • March 9, 2017

    Google's Email Scanning Deal Only Benefits Attys, Judge Says

    A California federal judge on Thursday tore into Google Inc.'s proposed settlement that would end an email-scanning privacy action for $2.2 million in attorneys' fees, but no damages for class members, saying it was vague, disappointing and only about the money for the class' attorneys.

  • March 9, 2017

    NY Cybersecurity Rules Will Spur Action But Not Uniformity

    Federal banking regulators, insurance commissioners and states from Connecticut to California will likely take up the mandates of a trailblazing cybersecurity regulation that recently took effect in New York. But they may be reluctant to hew too closely to New York’s rules, which many consider to be overly stringent, even as they are under pressure to act in the face of mounting cyberthreats.

  • March 9, 2017

    D-Link Faces Uphill Fight To Toss FTC Router Security Row

    A California federal judge seemed unconvinced Thursday by D-Link Corp.’s argument the U.S. Federal Trade Commission hadn’t pled ongoing harm in its suit alleging D-Link misled consumers about the data security of its routers and webcams, saying the agency “doesn’t have to wait for the house to burn down" to file suit.

  • March 9, 2017

    DC Circ. TCPA Challenge Fails to Pause Caribou Text Suit

    A proposed class action accusing Caribou Coffee of violating the Telephone Consumer Protection Act received the green light Thursday by a Wisconsin federal judge who concluded that a pending challenge to that privacy law in the D.C. Circuit isn’t likely to affect the case.

  • March 9, 2017

    Facebook Slims Claims In Unsolicited Text Dispute

    A California federal judge on Thursday trimmed a proposed class action accusing Facebook Inc. of sending unsolicited “status update” messages to cellphones, holding that a Telephone Consumer Protection Act claim is enough to survive the social media giant’s challenges, but an allegation under the state’s unfair competition law doesn't hold up.

Expert Analysis

  • 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.

  • The Quadrennial Energy Review And Grid Security

    William Demarest, Jr.

    The most recent installment of the U.S. Department of Energy’s Quadrennial Energy Review includes a number of recommendations for physical and cybersecurity protection of the nation's power infrastructure. Although the report recommends developing and implementing "necessary" security measures, it provides limited details in some areas, and does not identify revenue sources for some initiatives, say attorneys from Husch Blackwell LLP.

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • Van Patten V. Vertical Fitness Is No TCPA Killer

    David Martinez

    As Telephone Consumer Protection Act litigation continues to grow at a staggering rate, the Spokeo defense remains an intriguing, if unsettled, means of attacking TCPA claims in federal court. Van Patten v. Vertical Fitness might not be the TCPA killer defendants have hoped for, but it is at the very least a welcome refuge for companies under siege, say Michael Reif and David Martinez of Robins Kaplan LLP.

  • How The GDPR Will Impact Life Sciences And Health Care

    Rohan Massey

    The European Union's General Data Protection Regulation will considerably increase the sanctions and penalties that can be imposed on organizations that breach its requirements. The implications for organizations operating in the life sciences and health care sectors are likely to be particularly far-reaching, say attorneys with Ropes & Gray LLP.

  • Illinois Biometrics Legislation Sets Trend

    Kathryn E. Deal

    Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.

  • Google Warrant Case Vs. Microsoft Warrant Case

    Philip J. Bezanson

    The Pennsylvania federal court's recent Google decision may give companies emboldened by the Second Circuit's Microsoft decision pause in deciding whether to resist compliance with what they view as overly broad requests for customer data. However, the different results in the cases may serve as useful guidance for securing data abroad, say Philip Bezanson and Laura Prebeck Hang of Bracewell LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.