• February 7, 2017

    Sens. Ask CFTC To Account For IT, Whistleblower Lapses

    Members of the Senate Judiciary Committee and Agriculture, Nutrition and Forestry Committee sought assurances Monday from the U.S. Commodity Futures Trading Commission that it is dealing with information technology security and protecting whistleblowers, after a report revealed systemic weaknesses and retaliation.

  • February 6, 2017

    Vizio To Pay $2.2M To End FTC, NJ Smart TV Tracking Probe

    Smart TV maker Vizio has agreed to pay $2.2 million and to overhaul its data collection and sharing practices to resolve allegations by the Federal Trade Commission and New Jersey attorney general that it secretly gathered users’ viewing data and shared it with third parties, the regulators said Monday.

  • February 6, 2017

    House Passes Bipartisan Email Privacy Act

    The House passed a measure to require a warrant to access stored electronic communications like emails Monday, building on years of efforts to change the decades-old Electronic Communications Privacy Act.

  • February 6, 2017

    Facebook Says Alert Row Not Helped By B-Day Text Ruling

    Facebook on Friday brushed off a consumer’s contention that a California judge’s recent decision not to nix a suit over unsolicited and autodialed text message reminders about friends’ birthdays helps his own case alleging he was bombarded with unauthorized warning messages despite not having an account.

  • February 6, 2017

    9th Circ. Won't Revive Whistleblower's Wiretap Suit

    The Ninth Circuit declined to revive a False Claims Act suit brought by a former federal prosecutor-turned-whistleblower accusing AT&T, Sprint and other telecoms of overcharging the government for wiretapping services, finding on Monday that the whistleblower hasn't shown he was the original source of the fraud allegations.

  • February 6, 2017

    JPMorgan Urges 11th Circ. To Undo $1.3M Fraud Row Revival

    JPMorgan Chase has urged the Eleventh Circuit to rethink its revival of a Florida man’s suit accusing the banking giant of helping a fraudster siphon $1.3 million of his money out of a Chase account, saying it has no connection to the alleged fraud at issue.

  • February 6, 2017

    2nd Circ. Resurrects TCPA Suit Over Faxed Seminar Invites

    The Second Circuit on Friday revived a putative class action accusing Boehringer Ingelheim Pharmaceuticals of violating the Telephone Consumer Protection Act by sending out faxes about a free dinner meeting on sexual disorders, finding that the plaintiff had adequately alleged that the transmissions could be considered unsolicited advertisements.

  • February 6, 2017

    Fiat Rips Suit Over 'Remote Possibility' Of Jeep Hack

    Fiat Chrysler on Monday asked an Illinois federal court to dismiss a couple's claim that their car was defectively vulnerable to computer hacking, arguing the alleged danger was an "unquantified remote possibility."

  • February 6, 2017

    College Student Gets 3 Years' Probation For Darkode Hack

    A Pittsburgh college student was sentenced in Pennsylvania federal court to three years' probation for selling malware on the massive computer hacking forum known as Darkode.

  • February 6, 2017

    Polsinelli Adds Cybersecurity IP Pro From Borenius

    Polsinelli PC has announced the addition of an intellectual property attorney previously with Borenius Attorneys LLP who will focus on cybersecurity matters as a shareholder in the New York office.

  • February 6, 2017

    Fla.-Based Chicken Chain To Pay $975K To End TCPA Suit

    Fast-casual restaurant operator Pollo Operations Inc. has agreed to pay $975,000 to settle proposed class action claims it violated the federal Telephone Consumer Protection Act by texting promotional messages to consumers without their consent, according to a filing in Florida federal court on Friday.

  • February 6, 2017

    Strip Club Says Insurer Must Cover Models’ Privacy Suit

    A gentlemen's club in a case removed Friday to New York federal court says its insurer must cover the club as it defends itself in a suit brought by models accusing the club of publishing sexually explicit photos of them to advertise the business without their permission.

  • February 6, 2017

    Charter Hit With More TCPA Claims Over Robocall Ads

    A California man is hauling Charter Communications into federal court, claiming it violated the Telephone Consumer Protection Act by calling both his mobile and home telephone numbers repeatedly despite the fact that he was not a customer and had asked that the calls be stopped.

  • February 6, 2017

    Pa. Judge Says Google Must Turn Over Foreign Server Data

    A Pennsylvania federal judge on Friday ordered Google to comply with search warrants in two criminal investigations demanding the company turn over data stored on overseas servers, breaking with a recent decision in the Second Circuit over data Microsoft stored outside of the U.S.

  • February 3, 2017

    ESPN, Giants' Pierre-Paul Resolve Med Records Privacy Suit

    New York Giants defensive end Jason Pierre-Paul has reached a settlement with ESPN and its NFL beat reporter Adam Schefter in the athlete's lawsuit claiming the network violated his privacy rights by disclosing his medical records, the parties informed a Florida federal court on Friday.

  • February 3, 2017

    Debtor Who Revoked Her Consent Gets Nod For TCPA Suit

    An Illinois federal judge ruled Wednesday that a plaintiff's Telephone Consumer Protection Act claims against a medical services provider and debt collector met the Spokeo standing bar, but that she would have to proceed on her own because her assertion that she had revoked her consent to be called couldn't be proven on a classwide basis. 

  • February 3, 2017

    Google, Facebook Put Heat On Lawmakers To Reform ECPA

    Google Inc., Facebook Inc., Twitter Inc., Verizon Communications Inc. and dozens of other tech giants and privacy groups are pushing House lawmakers to quickly advance long-stalled legislation that would amend the Electronic Communications Privacy Act to create a blanket warrant requirement for law enforcement to access the contents of all digital data. 

  • February 3, 2017

    Nestle, Debt Collector Can't Escape Autodialed Call TCPA Suit

    Nestle Waters North America and a debt collection company must face allegations they violated the Telephone Consumer Protection Act by placing unauthorized and autodialed calls after a California federal judge concluded Thursday it was premature to dismiss the proposed class action.

  • February 3, 2017

    FDA To Divulge Full Resumes Of Outside Advisers

    Bowing to litigation, the U.S. Food and Drug Administration on Friday promised to stop concealing information about outside advisers who provide the agency with influential recommendations and often have professional ties to drug and device makers.

  • February 3, 2017

    NY Atty Sued For $1M After Emailing Foe's Business Partners

    A New York attorney is facing a $1 million lawsuit after allegedly sending an email blast to the business partners of a corporate legal adversary that included the details of a debt dispute between that company and his client.

Expert Analysis

  • The Serious And Immense Impact Of A Medical Device Hack

    Charles J. Andres

    A host of different government agencies enforce laws that impose obligations for companies that manufacture and sell medical devices to the public. Attorneys at Wilson Sonsini Goodrich & Rosati PC explore the many different ramifications of a medical device hack and provide some suggestions on planning for and responding to such a breach.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Virtual Reality And The Law: Part 2

    David Fink

    Virtual and augmented reality technologies are here, and are raising very real legal issues. Technology firms and content creators must take care to safeguard private information collected from users, ensure respect for the laws of copyright, trademark and right of publicity, and grapple with moral and legal questions surrounding simulations of illegal acts, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Virtual Reality And The Law: Part 1

    David Fink

    Virtual reality and its cousin, augmented reality, are going mainstream. Many top tech companies are developing VR systems, and firms in many industries have created VR “experiences” for their customers. But this technology raises very real legal issues, especially in the areas of consumer safety, privacy, intellectual property and First Amendment law, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • The Privacy Shield 5 Months Later

    Kim Roberts

    As companies ring in 2017, the challenges of navigating the new rules on transatlantic data transfers under the EU-U.S. Privacy Shield are now starting to emerge, says Kim Roberts of King & Spalding LLP.

  • State Attorneys General Play Growing Data Privacy Role

    Jasen Eige

    State attorneys general play an active role in data privacy and security, bringing evolving state laws and broad consumer protection authority to bear on changing technologies and threats. Private sector custodians of personal data such as retailers, financial institutions, technology companies and health systems must understand the role of state attorneys general before a crisis occurs, say Jasen Eige and Kassie Schroth of McGuireWoods LLP.

  • How To Jump-Start Your Info Governance Initiative

    Linda Sharp

    It is the unstructured data stores — emails, file shares and SharePoint sites — that are ripe for reaping havoc when it comes to meeting the EU General Data Protection Regulation or implementing an information governance initiative, says Linda Sharp, associate general counsel of ZL Technologies.

  • Time Is Running Out For Auto Cybersecurity Standards

    Jonathan Michaels

    According to a new report from Billington Cybersecurity, the automotive industry needs to adopt tougher cybersecurity standards for autonomous vehicles. However, at a time when we cannot wait to create a defense, legislation aimed at establishing federal standards to secure automobiles and protect drivers’ privacy is failing to pass, says Jonathan Michaels of MLG Automotive Law APLC.

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.