• March 6, 2017

    Express Scripts Says Contracts Prevent Pharmacies' Suit

    Express Scripts Inc. has asked a Missouri federal judge to permanently end a lawsuit brought by six independent pharmacies, saying that contracts between the two sides prove that it owns the patient prescription information it allegedly used to steal the pharmacies’ customers.

  • March 3, 2017

    Mayweather Urges Appeals Court To Toss Ex-GF's Claims

    Floyd Mayweather Jr. urged a California appeals court on Friday to toss his ex-fiance's claims that the famed boxer defamed her and invaded her privacy by posting on social media that he broke up with her for getting an abortion, arguing his statements were opinions protected by the First Amendment.

  • March 3, 2017

    Redstone's Ex-GF Can't Force Depo In $150M Abuse Row

    A California judge on Friday ruled Sumner Redstone's ex-girlfriend can't force the nonagenarian billionaire to be deposed before she answers his discovery requests in his $150 million elder abuse suit against her and another ex-girlfriend, saying it would be an abuse of discretion to do so.

  • March 3, 2017

    Privacy Shield Needs To Be Revisited, EU Officials Told

    A pair of civil rights groups are urging European Union leaders to rethink their decision to honor the newly instituted Privacy Shield mechanism for transfers of personal data between the EU and U.S., arguing that a recent executive order on immigration throws into doubt the U.S.' ability to protect EU citizens' data.

  • March 3, 2017

    UK Regulator Floats Guidance On EU Data Protection Reform

    The U.K.'s privacy regulator on Thursday offered up guidance on how businesses can comply with the consent provisions of the European Union's looming general data protection regulation, advising that it will be essential to give individuals "genuine choice and ongoing control" over how their data is used.

  • March 3, 2017

    'Pokémon Go' Maker Encouraged Trespassing, Court Told

    A proposed class of property owners on Thursday fired back at "Pokémon Go" developer Niantic's argument that it wasn't responsible for players' alleged trespass on private land, telling a California federal court that the company had ample opportunity to curb the intrusion but instead "encouraged and rewarded" the conduct.

  • March 3, 2017

    Doc Must Provide Records To Med Board, Calif. Panel Says

    A California appeals court ruled Thursday that a neurosurgeon cannot avoid a medical board’s subpoena of a patient’s health records, saying the board's interest in investigating questions about a doctor’s quality of care outweighs any privacy violation the subpoena poses.

  • March 3, 2017

    FCC Allows Jewish Community Centers To Trace Call Threats

    The U.S. Federal Communications Commission on Friday took the rare step of allowing increased access to blocked phone numbers for Jewish community centers experiencing bomb threats and harassing messages in order to aid investigations into the calls. 

  • March 3, 2017

    Vizio Smart TV Owners See Trim Of Data Collection Lawsuit

    A proposed class of smart TV owners accusing Vizio of collecting and sharing their viewing habit data without consent can move forward on their fraud and federal privacy law violation claims, a California federal judge determined Thursday, though other allegations were dismissed with leave to amend.

  • March 3, 2017

    Magistrate Says To Trim Secrets Suit Against Ex-Rigzone Exec

    A U.S. magistrate judge in Houston on Friday recommended dismissing some claims against a former executive of an energy professional networking website in a suit alleging he was among several conspirators who stole proprietary information from the company to launch a rival website, but said some claims should remain.

  • March 3, 2017

    FireEye's $10.3M Investor Deal Over Stock Drop Nears OK

    A California judge indicated Friday he'll preliminarily approve FireEye Inc.'s proposed $10.25 million deal resolving class action claims that the cybersecurity company and its executives misled investors about its malware software's effectiveness, causing its stock to plummet, saying the parties only need to tweak the class notice.

  • March 3, 2017

    Consumers Get Cert. In Solar Co. Cellphone Robocalls Suit

    A California federal judge on Thursday certified a class of more than 220,000 people who accused a solar company of bombarding them on their cellphones with unwanted robocalls, ruling there wasn’t evidence to show the calls were consensual by any individual consumers.

  • March 3, 2017

    Yelp Hit With California Privacy Suit Over Recorded Calls

    Yelp Inc. was hit with a putative class action in California state court on Thursday alleging the popular online review service is violating the state’s invasion of privacy law by secretly recording the cellphone calls of Yelp business customers to the company’s finance department.

  • March 3, 2017

    Law360 Privacy/Consumer Protection Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2017 Privacy & Consumer Protection editorial advisory board.

  • March 3, 2017

    House Democrats Introduce 3 Cybersecurity Bills

    The Democrat-led Energy and Commerce Committee on Thursday introduced three bills that lawmakers say will update national cybersecurity policies and offer another layer of consumer protection as internet-connected devices proliferate and hacking threats increase.

  • March 2, 2017

    FCC's Halt Of Privacy Rule Signals Net Neutrality Reversal

    The Federal Communications Commission’s vote Wednesday to prevent an element of broadband provider privacy regulations from taking effect shows an intent to upend the reclassification of broadband providers as common carriers, the legal bedrock of the FCC's net neutrality rules, experts say.

  • March 2, 2017

    Yahoo GC Steps Down, CEO Loses Bonus After Data Breaches

    Yahoo's general counsel has resigned and its CEO Marissa Mayer will not be paid her annual bonus for 2016 in the wake of an internal probe that concluded that certain senior executives failed to adequately respond to a trio of data breaches believed to have affected at least 1.5 billion users, the company revealed Wednesday. 

  • March 2, 2017

    FCC's Pai Plans Vote To Let Carriers Block Certain Robocalls

    Federal Communications Commission Chairman Ajit Pai announced Thursday that the commission will vote on a proposal that would give providers more leeway to block spoofed robocalls at its upcoming meeting, more than seven months after the agency called for help to address its number one source of consumer complaints.

  • March 2, 2017

    Smart Meter Data Needs Privacy Protection, 7th Circ. Told

    A pair of privacy groups are urging the Seventh Circuit to find that the Fourth Amendment protects data generated by smart meters, arguing that the granular details produced by these increasingly prominent readers are “far more intimate” than cumulative information collected periodically from more traditional analog meters.

  • March 2, 2017

    SuperAmerica's $3.5M TCPA Deal Gets Initial OK

    A Minnesota federal judge on Wednesday gave her initial blessing to an up to $3.5 million deal resolving a suit alleging that convenience store chain SuperAmerica violated the Telephone Consumer Protection Act by sending unsolicited texts, conditionally certifying the class in the process.

Expert Analysis

  • New Data Breach Rulings — 4th Circ. Vs. 3rd Circ.

    Karin McGinnis

    On the heels of the Third Circuit’s data breach decision last month in Horizon Healthcare, the Fourth Circuit issued an opinion this week in Beck v. McDonald that weighs in on the standing debate. A few things can account for the differences between the rulings, says Karin McGinnis of Moore & Van Allen PLLC.

  • Post-Spokeo Issues Emerge In The 5th Circ.

    Christopher Chorba

    Although the Fifth Circuit and its district courts have addressed Spokeo issues numerous times since the U.S. Supreme Court issued its decision, Spokeo’s future in the Fifth Circuit remains unclear. Recent opinions underscore that litigants should be prepared to argue not only about Spokeo’s significance for pre-existing case law, but also the scope of its applicability, say attorneys with Gibson Dunn & Crutcher LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • 10 Ways To Avoid Wrongful Collection Of Data Claims

    Cinthia Granados Motley

    In light of two recent matters that highlight the Federal Trade Commission’s enforcement and protection against the wrongful collection of consumer data, Cinthia Granados Motley and Ashley Jackson of Sedgwick LLP offer advice for avoiding such claims and their associated risks.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Takeaways From NIST’s Updated Cybersecurity Framework

    Sheila A. Millar

    The National Institute of Standards and Technology recently released a draft update to its cybersecurity framework. The new guidance is particularly useful to businesses because it focuses on using business drivers to guide cybersecurity activities and advises businesses to consider cybersecurity risks as part of the organization’s risk management processes, say attorneys with Keller and Heckman LLP.

  • Securing The Internet Of Things Is An FTC Priority

    Francoise Gilbert

    The new Federal Trade Commission case against D-Link clearly shows that the FTC is highly concerned by the significant security risks that internet-of-things products present. Recent incidents have shown that these concerns are not unfounded, says Francoise Gilbert of Greenberg Traurig LLP.

  • FINRA Is Ready To Focus On 'Blocking And Tackling'


    The preliminary data for 2016 indicates that last year was a record-setting year for Financial Industry Regulatory Authority fines. To try to prevent 2017 from setting similar records, firms may want to adjust their defensive line, say attorneys with Eversheds Sutherland (US) LLP.

  • A New Focus On Unclaimed Property In Health Care

    Kendall L. Houghton

    A fast-moving unclaimed property audit campaign is sweeping across the health care industry. Companies should prepare by carefully reviewing business models, accounting practices and other factors in order to optimize compliance and mitigate risk, say Kendall Houghton and Matthew Hedstrom of Alston & Bird LLP.