• April 11, 2017

    Consumers Say Kirkland’s Receipts Violated FACTA

    Nationwide retailer Kirkland’s Inc. was hit with a proposed class action lawsuit in Pennsylvania federal court Monday that accuses the home decor company of “recklessly” printing more than the last five digits of their debit and credit cards on receipts in violation of the Fair and Accurate Credit Transactions Act.

  • 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.

Expert Analysis

  • 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.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • How EU Data Privacy Reform Will Impact US Telecom Cos.

    Linda V. Priebe

    It's no secret that a new European Union and European Economic Area data protection regulation will go into effect next year. What is not clearly understood is that U.S. communications companies without any EU/EEA customers of their own, may find themselves subject to the new general data protection regulation simply because their U.S. customers have customers in the EU/EEA, says Linda Priebe of Culhane Meadows PLLC.

  • NY Life Settlement And Cybersecurity Compliance

    Theodore P. Augustinos

    Attorneys with Locke Lord LLP explain the New York Department of Financial Service's new cybersecurity regulations and discuss the immediate actions that life settlement providers and brokers should take in order to comply.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • NY Cybersecurity Regulations Will Affect Health Care Sector

    Tracy E. Miller

    New York state's new cybersecurity regulations are far more prescriptive than preceding regulatory schemes, including the security requirements of the Health Insurance Portability and Accountability Act. Health care providers will face significant new obligations, says Tracy Miller, co-leader of Bond Schoeneck & King PLLC's cybersecurity and data privacy practice.

  • Int’l Travelers, Beware Digital Device Searches At Border

    Behnam Dayanim

    In light of the recent executive order on terrorism and immigration, travelers, including attorneys who may be carrying sensitive privileged information, should be increasingly aware of their rights — or lack thereof — at the border, say Behnam Dayanim and Ashley Pyon of Paul Hastings LLP.

  • Gorsuch's Originalism In The Age Of Bytes And Blockchains

    April Doss

    With U.S. Supreme Court confirmation hearings for Neil Gorsuch kicking off this week, it’s worth considering how his originalist philosophy might affect cases addressing individual privacy, government surveillance and private sector use of rapidly changing technologies. When people need practical solutions to legal questions at the intersection of modern technology, privacy and the law, originalism frequently fails, says April Doss... (continued)