• June 5, 2017

    White House Won't Block Comey's Congressional Testimony

    President Donald Trump won’t use executive privilege to prevent recently fired FBI Director James Comey from testifying before the Senate later this week about his probe into Russian interference in the 2016 presidential election, the White House announced Monday, citing a desire for a “swift and thorough” investigation.

  • June 5, 2017

    Hacker Sentenced To Almost 5 Years For Phishing Scheme

    A Cameroonian citizen has been sentenced to nearly five years in prison for phishing campaigns that targeted clients of travel-booking service companies Travelport and Sabre, leading to the fraudulent issuance of more than $2 million worth of airline tickets, prosecutors announced Monday.

  • June 5, 2017

    State AGs Warn FCC Against ‘Ringless’ Robocall Voicemails

    The attorneys general of Massachusetts, New York and Kentucky wrote together in a filing Friday that the Federal Communications Commission must refuse a request to allow robocalls to be sent directly to consumers’ voicemails without their phones ringing, saying consumers will be abused.

  • June 5, 2017

    'Professional' Junk Fax Litigants Ripped Over Possible Perjury

    An Illinois federal magistrate judge had harsh words Friday for attorneys in a $200 million Telephone Consumer Protection Act case against Allscripts, writing in a lengthy order denying class certification that the suing clinic and its attorneys may have committed perjury during discovery.

  • June 5, 2017

    Fla. Hospital Asks Justices To Take On Records Access Case

    A Florida hospital has asked the U.S. Supreme Court to weigh in on a case involving a Florida constitutional amendment that requires broad access to incident reports of adverse medical events for malpractice cases, arguing that the state amendment should not override a federal law that made this data confidential.

  • June 5, 2017

    Zurich Can't Exit TCPA Coverage Suit With Flooring Co.

    A Florida judge Monday denied Zurich American a quick win in its attempt to dodge coverage of a flooring business’ $2.1 million class action judgment for sending unsolicited faxes, saying the insurer had not proven late notice or lack of cooperation.

  • June 5, 2017

    Five Guys Burger Co. Hit With Wage, Background Check Suit

    A former Five Guys worker has accused the popular burger restaurant of flouting the Fair Credit Reporting Act and California law by conducting background checks on employees without properly notifying them and committing a number of wage and hour violations, including failing to provide required breaks, according to a proposed class action that landed in federal court Friday.

  • June 5, 2017

    Kasowitz Benson Adds Sideman Bancroft Defense Atty

    Kasowitz Benson Torres LLP has hired a Sideman & Bancroft LLP defense attorney experienced in privacy, data security and intellectual property disputes and appeals to join the firm’s investigations and white-collar defense team in its San Francisco office, Kasowitz Benson said Monday.

  • June 5, 2017

    GoDaddy Urges Class Cert. Denial Over Microsoft Office Sales

    Web hosting company has urged an Arizona federal judge to deny a business legal services provider’s motion for class certification in litigation accusing GoDaddy of selling Microsoft Office products lacking certain features, arguing that the claims raised are more suited to an individual action.

  • June 5, 2017

    High Court To Hear Cell Phone Data Collection Dispute

    The U.S. Supreme Court on Monday agreed to review a case that questions whether the government needs a warrant to access a person’s cell phone location history, after the Sixth Circuit in April 2016 ruled that the location data did not fall entirely under Fourth Amendment protection.

  • June 2, 2017

    Facebook Data After Death: German Court Ruling Stirs Debate

    This past week, various media outlets reported that a German appellate court had denied the parents of a deceased 15-year-old girl access to her Facebook account, and instead sided with the company’s argument that allowing access risked violating the privacy of users she communicated with on the platform.

  • June 2, 2017

    3 Found Guilty Of Bid-Rigging At Foreclosure Auctions

    A California federal jury convicted three men Friday of rigging bids at foreclosure auctions in the San Francisco Bay Area, a verdict that came nearly a year after the judge overseeing the case refused to block government evidence gathered from hidden microphones placed without a warrant.

  • June 2, 2017

    Yahoo Suit Against Insurer Over TCPA Cases Tossed, For Now

    A California federal magistrate judge on Friday tossed out Yahoo Inc.’s suit against an insurer over refusing to provide coverage for Telephone Consumer Protection Act litigation, saying the alleged violations didn’t equate to a privacy violation under the disputed policy, though allowing an amended complaint.

  • June 2, 2017

    $11M Settlement In Frontier TCPA Row Gets Final Nod

    A Connecticut federal judge gave his final stamp of approval Friday to an $11 million settlement — which includes $3.6 million in fees for plaintiffs' counsel — to close out a proposed class action alleging Frontier Communications Corp. violated the Telephone Consumer Protection Act by placing thousands of illegal telemarketing calls.

  • June 2, 2017

    Dealership To Forgive $5M In Customer Debt To End AG Suit

    A Jacksonville, Florida, car dealership and its president have agreed to provide more than $5 million in debt forgiveness to consumers to resolve litigation brought by the state attorney general’s office over allegedly misleading business practices, like using GPS devices to track cars without the purchasers’ knowledge, the office said Friday.

  • June 2, 2017

    4th Circ. Wrongly Applied Spokeo In FCRA Row, Groups Say

    Several advocacy groups on Thursday threw their support behind a consumer's bid to convince the Fourth Circuit to rethink its toss of a $12 million Fair Credit Reporting Act class action judgment, arguing that the panel's conclusion that an injury beyond being denied statutorily mandated credit information was required for standing conflicted with the U.S. Supreme Court's Spokeo decision.

  • June 2, 2017

    FTC Secures Judgments Against Calif. Robocallers

    A California federal judge has entered default judgments against the ringleader of an operation that bombarded consumers with billions of illegal robocalls as well as nine companies he controlled, imposing a $2.7 million penalty against the man and barring them all from telemarketing in the future, the Federal Trade Commission announced Friday.

  • June 1, 2017

    Blue Cross Exec Tests HIPAA By Describing $12M Patient

    An executive at Iowa health insurer Wellmark Blue Cross & Blue Shield possibly stepped into a Health Insurance Portability and Accountability Act minefield by divulging information about a patient whose $12 million in annual medical bills have contributed to insurance market instability, attorneys say.

  • June 1, 2017

    Home Depot Seeks Out Of Ga. ‘Do Not Call’ Class Action

    Home Depot asked a Georgia federal judge Thursday to toss a Telephone Consumer Protection Act suit, saying it’s not liable for telemarketing calls made by an alleged contractor to a proposed class of Do Not Call registrants.

  • June 1, 2017

    Fed Circ. Mostly Affirms Dismissal Of Car-Bugging Claims

    The Federal Circuit agreed in a Wednesday precedential decision that a U.S. Coast Guard member didn’t establish that his employer, the Drug Enforcement Administration, discriminated against him because of his military service by attempting to bug his car with a Blackberry, though the panel remanded the matter in part to address a retaliation claim that wasn’t considered below.

Expert Analysis

  • Florida 'Black Box' Ruling: Game Changer For Vehicle Tech

    Tina Sciocchetti

    A split panel of a Florida state appellate court has held that police need a warrant to search a vehicle’s electronic data recorder or “black box” absent exigent circumstances. The ruling in Florida v. Worsham demonstrates that the constitutional, legislative and regulatory privacy protections afforded data-capturing vehicle technologies are expanding rapidly, say Tina Sciochetti and Charles Dell'Anno of Nixon Peabody LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Another Way To Challenge Standing In Data Breach Cases

    David Cohen

    A common tactic in defending federal consumer data breach litigation is challenging the plaintiff’s standing on a motion to dismiss. Most such challenges are “facial,” but a California federal court's decision in Foster v. Essex Property demonstrates an additional avenue — a so-called “factual” challenge to standing, which is based on evidence, say David Cohen and Ani-Rae Lovell of Ropes & Gray LLP.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs


    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • How Employee Data Habits Can Increase Corporate Legal Risk

    David Horrigan

    In our daily work lives, we see a fair amount of anecdotal evidence indicating many of us engage in workplace behaviors that put our personal privacy and company data at risk. However, the results of a recent survey provide a more definitive look at how the era of big data for employees could lead to big risk for employers, says David Horrigan, e-discovery counsel at kCura LLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why Oregon Lawmakers Are Shielding Cannabis Buyers’ Data

    Kayla Matthews

    Oregon lawmakers have given new privacy protections to people buying cannabis in the state. While customers must still show identification to prove they are of legal age to buy the drug, dispensaries will no longer be able to permanently retain identifying data. The new bill pushes back against the Trump administration's hints of renewed enforcement of federal laws against marijuana, says Kayla Matthews.

  • Victory For 'Drone Slayer' Puts State Laws In Spotlight

    William O'Connor

    A Kentucky federal judge recently dismissed a lawsuit against a man who shot down a drone that he believed was flying over his own property in 2015. The ruling leaves open many questions concerning aerial trespass and federal authority, and may become more important as states and municipalities consider drone-related legislation, say attorneys from Morrison & Foerster LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.