• February 9, 2017

    2nd Circ. Looks Unwilling To Revive 'Project Runway' Class

    The Second Circuit showed little inclination Thursday to overturn a judge who refused to certify a class of consumers contacted via robocalls to hype the television show “Project Runway” despite dire warnings that the ruling would encourage other Telephone Consumer Protection Act violators not to house records.

  • February 9, 2017

    Consumer Fights Stay Of Body Shop Credit Card Privacy Suit

    A putative class of consumers claiming The Body Shop provided receipts revealing too much of their credit card numbers has told a Florida federal court that the beauty product retailer's request for a stay pending settlement approval in a similar case is pointless and contradicts earlier arguments.

  • February 9, 2017

    Yahoo Hit With Small-Business Class Action Over Data Breach

    A small-business owner who used Yahoo Inc. services to run his websites and advertise online launched a proposed class action against the internet giant on Wednesday for breaching its contract and negligently allowing hackers to make off with a billion users’ data in two breaches disclosed last year.

  • February 9, 2017

    California Children's Hospital Hit With TCPA Action

    Rady Children’s Hospital-San Diego was slapped with a proposed class action in California federal court Wednesday alleging that the pediatric medical center violated the Telephone Consumer Protection Act with autodialed debt-collection calls to consumers’ cellphones.

  • February 8, 2017

    Google's Setback Heats Up Overseas Warrant Debate

    Google's initial failure to dodge federal search warrants for data stored overseas highlights the limitations of a recent Second Circuit ruling that went the other way on the Stored Communications Act, and attorneys say the split will only fuel further debate over the outdated privacy statute.

  • February 8, 2017

    Cabela's Ends Taped Call Suit With $3.85M Class Deal

    A California state judge on Wednesday granted final approval to outdoor retailer Cabela’s Inc.'s $3.85 million class action settlement with customers who say they weren't told their calls to its toll-free number were being recorded, in violation of California law.

  • February 8, 2017

    Time Warner's Bid To Nix TCPA Suit Is 'Ambush,' Court Told

    Consumers accusing Time Warner Cable Inc. of violating the Telephone Consumer Protection Act by bombarding them with unsolicited calls urged a New York federal judge Wednesday to reject the company’s bid for a quick win based on a supposed lack of evidence, calling the request "an ambush."

  • February 8, 2017

    4th Circ. Backs Nix Of VA Hospital Breach Suit

    Two veterans recently struck out on their bid to revive class allegations of patient information theft at a South Carolina veterans hospital, after the Fourth Circuit concluded in a published opinion that the pair established no concrete, certainly impending injury.

  • February 8, 2017

    Arnall Golden Atty To Head FTC Consumer Protection Bureau

    Arnall Golden Gregory LLP partner Thomas Pahl has been appointed acting director of the U.S. Federal Trade Commission's Bureau of Consumer Protection, taking over for departing director Jessica Rich, acting Chairwoman Maureen K. Ohlhausen said Wednesday.

  • February 8, 2017

    Ill. Man Who Posed As Psychiatrist Gets More Than 13 Years

    An Illinois federal judge sentenced a Chicago-area man convicted of stealing the identity of a psychiatrist and using his information to see patients and prescribe medication to more than 13 years in prison Wednesday, rebuking him as a “con artist” who showed no remorse for the pain he caused.

  • February 8, 2017

    Facebook Biometric Row Halted For 9th Circ. Call On Spokeo

    Bids by Facebook Inc. to escape actions alleging it unlawfully collected biometric data were put on hold Tuesday until the Ninth Circuit hands down its ruling in Spokeo, which the U.S. Supreme Court remanded in a landmark, May decision.

  • February 8, 2017

    Pharma Rep Avoids Prison For Lying To Feds Over Kickbacks

    A former sales representative for two pharmaceutical companies was sentenced to community confinement and house arrest on Wednesday for lying to federal investigators who were looking into kickbacks to health care providers and patient privacy violations.

  • February 8, 2017

    Yahoo Hit With Another User Class Action Over Data Breach

    Yahoo Inc. has been slapped with yet another proposed class action over two massive data breaches announced in late 2016 affecting more than one billion users, this time by a New Jersey couple who claim Yahoo’s negligence has led to their information being used fraudulently by criminals.

  • February 8, 2017

    Akin Gump Atty Charged With Trying To Sell Sealed FCA Suit

    An Akin Gump Strauss Hauer & Feld LLP attorney who once worked at the U.S. Department of Justice was arrested while allegedly attempting to sell a sealed False Claims Act suit to a California cybersecurity company, according to a criminal case unsealed this week.

  • February 8, 2017

    Groups Sue To Block Trump’s 2-For-1 Regulatory Order

    Public interest legal groups on Wednesday sued the Trump administration, alleging a January executive order mandating that executive agencies eliminate two regulations for every new one is “irrational” and puts public safety at risk by not considering any beneficial effects of new rules.

  • February 7, 2017

    FTC's Smart-TV Privacy Settlement Unlikely To See An Encore

    In coming down on smart-TV maker Vizio for tracking users' viewing habits without their consent, the Federal Trade Commission adopted broader definitions of "sensitive" information and consumer harm. But experts say not to expect a trend there, given the acting chairwoman's reservations about the settlement.

  • February 7, 2017

    Avis’ Car Rental Text Messages Flout TCPA, Suit Says

    A New York resident has slapped car rental company Avis with a proposed nationwide class action in New Jersey federal court claiming it violated the Telephone Consumer Protection Act by sending consumers unauthorized text messages via an automatic dialing system.

  • February 7, 2017

    FTC’s Consumer Protection Bureau Director Quits Agency

    Jessica Rich, director of the Bureau of Consumer Protection, will leave the agency on Feb. 17 after 26 years of service, Federal Trade Commission acting Chairman Maureen K. Ohlhausen said Tuesday.

  • February 7, 2017

    Former Homeland Security Legal Head Rejoins O'Melveny

    The former general counsel for the U.S. Department of Homeland Security rejoined O'Melveny & Myers LLP as part of its white collar and data security and privacy groups, the firm said Tuesday, coming back after four years in the public sector.

  • February 7, 2017

    Lifewatch Must Turn Over Some Evidence Sought By FTC

    An Illinois federal judge on Monday partially granted the Federal Trade Commission’s demand for more discovery evidence from Lifelock in its lawsuit accusing the health monitoring company of predatory marketing, though the judge scaled down many of the agency’s requests.

Expert Analysis

  • Government Contracts Under The Trump Administration

    Joseph R. Berger

    President-elect Donald Trump will usher in a new era for government contractors, much like Presidents Barack Obama, George W. Bush and Bill Clinton before him. Joseph Berger of Thompson Hine LLP discusses 10 areas to watch.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Expect Continued Aggressive Enforcement Under Bharara

    Nicholas Lewis

    The beginning of 2017 brings with it significant changes to the government as a whole and the U.S. Department of Justice in particular, but one constant in this time of change is the U.S. Attorney’s Office for the Southern District of New York. Recent developments reflect a seal of approval for that office’s aggressive enforcement approach under Preet Bharara, says Nicholas Lewis of McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Death Knell For The Telephone Consumer Protection Act

    Lewis S. Wiener

    The Telephone Consumer Protection Act is generally considered a popular, pro-consumer statute, but the law may be dramatically altered following power shifts in Congress and the Federal Communications Commission. It is increasingly likely that the TCPA will transform to address existing criticism and to reflect changes in technology since the law's passage in 1991, say attorneys from Sutherland Asbill & Brennan LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Evidence Substantiation Burden May Soon Shift To FTC

    Margaret E. Krawiec

    To date, questions about how the Trump administration will impact the Federal Trade Commission have focused primarily on antitrust issues, but clues to how the new administration will affect consumer protection issues might be found by examining the record of former Commissioner Joshua Wright, whom Trump has named to lead the FTC transition efforts, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • What Trump High Court Candidates Say About 1st Amendment

    Gayle C. Sproul

    As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.

  • New York Revises Cybersecurity Proposal: A Closer Look

    Michael A. Mancusi

    Although the revised version of New York's proposed cybersecurity regulations addresses several areas of concern or confusion for financial services firms, certain questions of scope and liability remain. In addition, the revised proposal's requirements remain extensive, say attorneys with Arnold & Porter Kaye Scholer LLP.