• 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.

  • March 9, 2017

    Ex-NFL Players Fire Back At EA In Madden Likeness Dispute

    A proposed class of retired NFL players asked a California federal judge on Wednesday not to grant Electronic Arts Inc.'s bid for a quick win in their dispute over the company’s use of their likenesses, arguing that the video game maker relies on the players’ likenesses despite its claims otherwise.

  • March 9, 2017

    Hotel Manager Accused Of Raiding Boss' Savings, Insurance

    A New Jersey hotel manager has been indicted on criminal charges of theft and first-degree money laundering for allegedly stealing $1.09 million from his boss' savings and an insurance payout, the state attorney general said Thursday.

  • March 9, 2017

    2nd Circ. Gives Zocdoc TCPA Suit Another Chance

    The Second Circuit on Thursday revived a proposed class action accusing doctor-finding service Zocdoc Inc. of sending unsolicited faxes, holding that a rejected settlement offer didn’t moot a Missouri medical practice’s Telephone Consumer Protection Act suit in light of a decision handed down by the U.S. Supreme Court last year.

  • March 9, 2017

    Home Depot To Pay $25M To Settle Banks' Data Breach Claims

    Home Depot has agreed to pay $25 million and strengthen its data security practices to resolve a putative class action brought by financial institutions after a 2014 data breach that compromised 56 million credit and debit card numbers, according to documents filed in Georgia federal court late Wednesday.

  • March 8, 2017

    Calif. Justice Werdegar To Step Down After 23 Years

    California Supreme Court Justice Kathryn M. Werdegar is retiring after 23 years of work on the bench, during which she took on some of the Golden State's toughest issues, including employment, environmental and privacy matters, saying it was someone else's turn to take the helm.

  • March 8, 2017

    Dish Seeks Do-Over After $20.5M Telemarketing Trial Award

    Dish Network asked a North Carolina federal court on Tuesday for a new trial in a telemarketing class action after a jury found Dish liable for $20.5 million in January, saying the court erred by allowing numerous pieces of prejudicial evidence and excluding a question from the verdict sheet, among other things.

  • March 8, 2017

    Exposed CIA Tactics Open Doors For Non-Gov't Hackers

    In the wake of Wikileaks’ exposure Tuesday of the Central Intelligence Agency’s sophisticated spying methods, privacy and data security attorneys say companies and individuals are now in a race to maintain what little protection they have against hackers that may soon hold a detailed playbook thanks to the jaw-dropping revelations.

  • March 8, 2017

    9th Circ. Won't Rethink Post-Spokeo Ikea ZIP Code Ruling

    The Ninth Circuit on Wednesday rejected Ikea’s request to rethink a decision granting a shopper’s request to ship her decertified class action over the retailer’s ZIP code collections back to district court for dismissal, upholding a ruling that opened up the possibility for her to raise her claims in state court.

  • March 8, 2017

    Venable Adds IP, Data Privacy Specialist From Kirkland

    A former Kirkland & Ellis LLP partner with experience assisting private equity firm GTRC LLC and investment manager TowerBrook Capital Partners with data privacy and intellectual property issues in mergers has joined Venable LLP in San Francisco, the firm said Tuesday.

  • March 8, 2017

    Gym Chain's 'Robocalls' Violated The TCPA, 3rd Circ. Told

    The Work Out World Inc. customers who received prerecorded sales calls on their cellphones suffered damages in the form of lost space on their voicemail memory and time spent listening to the messages, an attorney representing the gymnasium’s customers in their putative class action told the Third Circuit Wednesday.

Expert Analysis

  • 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.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Adapting Supply Relationships To Embrace Disruptive Tech

    Marjorie H. Loeb

    Building connected and autonomous vehicles requires the automotive industry, both manufacturers and traditional component suppliers, to embrace disruptive technology and work hand-in-hand with information technology providers. Bringing together these two spheres, however, will not be without its challenges, say Marjorie Loeb and Linda Rhodes of Mayer Brown LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Developing Trends In Cyberinsurance Litigation: Part 2

    Thomas Rohback

    In the second part of this two-part series, Thomas Rohback and Patricia Carreiro of Axinn Veltrop and Harkrider LLP discuss how traditional insurance coverage decisions impact current and future cyberinsurance litigation. Moving forward, it is likely that many coverage disputes will focus on whether the insured adequately protected its system and data.

  • Net Neutrality And Broadband Privacy Under The New FCC

    Marc S. Martin

    The Federal Communications Commission's new chairman, Ajit Pai, has indicated that he plans to roll back former Chairman Tom Wheeler's actions regarding net neutrality and broadband privacy. Chairman Pai's endorsement of a former Republican FCC chairman, Michael Powell, further suggests that he plans to deregulate broadband internet access services, say Marc Martin and Michael Sherling of Perkins Coie LLP.

  • What To Know About HHS Revised 'Common Rule'

    Abram S. Barth

    Although the U.S. Department of Health and Human Services' final rule modernizing the federal "Policy for the Protection of Human Subjects" does not modify any regulations administered by the U.S. Food and Drug Administration, the rule’s preamble and the recently passed 21st Century Cures Act will compel HHS to revise FDA human subject regulations to be consistent with the final rule, say attorneys with Ropes & Gray LLP.