• January 5, 2017

    Groups Ask DC Circ. To Weigh TSA Body Scanner Incidents

    Consumer groups asked the D.C. Circuit on Thursday to consider two recent highly publicized passenger screening incidents at airports in Los Angeles and Detroit as it weighs a challenge to the Transportation Security Administration's final rule on airport body scanners, saying the technology is intrusive and hurting passengers.

  • January 5, 2017

    Lifewatch Must Turn Over Docs In Robocall Suit, FTC Says

    The Federal Trade Commission and the state of Florida asked an Illinois federal judge to force Lifewatch Inc. and its president to turn over documents about the company’s relationship with several telemarketers Thursday, as part of the government’s suit over Lifewatch’s allegedly predatory marketing.

  • January 5, 2017

    FCC Takes Heavy Fire As Industry Seeks Privacy Reversal

    A bevy of industry organizations have asked the Federal Communications Commission to rethink its new privacy rules for broadband providers, with cable, advertising, carrier and other trade groups raising questions about the agency’s authority and process and whether the burdens are necessary.

  • January 5, 2017

    James Woods Can Unmask Dead Twitter User, Judge Rules

    A California judge on Tuesday granted James Woods' bid to unmask an anonymous Twitter user who allegedly defamed the actor by calling him a “cocaine addict,” ordering the Twitter user's attorney to reveal his reportedly since-deceased client's name and heirs.

  • January 5, 2017

    Atty Won't Stop Push To Keep IRS From Coinbase Users' Info

    A Berns Weiss LLP attorney and customer of the virtual currency exchanger Coinbase Inc. has told a California federal court that the IRS tried to “artificially moot” his efforts to quash a John Doe summons to obtain customer information from Coinbase by saying it no longer wants information on him.

  • January 5, 2017

    Ex-CBS Anchor Apologizes As Part Of Hacking Settlement

    Documents filed in Pennsylvania state court on Thursday reveal that an ex-CBS anchor in Philadelphia formally apologized to his former co-anchor as part of a settlement in a $15 million lawsuit over information he swiped from her email account and spread to other news outlets.

  • January 5, 2017

    D-Link Sued By FTC Over Security Flaws In Routers, Cameras

    The Federal Trade Commission on Thursday lodged a complaint against computer network manufacturer D-Link Corp. in California federal court over allegedly inadequate security measures in its routers and internet cameras that left consumers’ privacy at risk.

  • January 5, 2017

    Alleged Dating Site Swindler Denies Fraud, ID Theft Charges

    An alleged con man accused of draining $360,000 from women's credit accounts after finding them through dating sites, dazzling them with big promises and later threatening them to keep them quiet denied fraud and aggravated identity theft charges Thursday in Manhattan federal court.

  • January 5, 2017

    DHS Improved On Obama's Watch, Outgoing Head Says

    Outgoing U.S. Department of Homeland Security Secretary Jeh Johnson on Wednesday issued a memorandum highlighting the progress he believes the department achieved during the Obama administration and touting its efforts to become more effective and efficient in achieving its primary goal.

  • January 5, 2017

    Intel Chiefs Continue To Back Russia Election Hack Claims

    Senior U.S. intelligence officials on Thursday said that an unclassified version of a report into foreign interference with the 2016 U.S. presidential election will be made public next week, and stood by earlier statements pointing to Russia for the pre-election hacks on Democratic groups.

  • January 5, 2017

    Feds Slam Bitcoin Exchange Operators' Bid To Ax Indictment

    Prosecutors told a New York federal court Wednesday there is no reason to dismiss the latest indictment against three men accused of laundering money through an unlicensed bitcoin exchange, arguing that the new filing does not substantially change the case before trial.

  • January 5, 2017

    FCC Republicans Rage At Broadcaster Reporting Order

    The Federal Communications Commission's GOP contingent slammed the agency's Media Bureau for upholding reporting requirements for noncommercial educational TV stations, saying Wednesday that the bureau misstepped in “unilaterally” making the decision without the FCC majority's support.

  • January 4, 2017

    White House Revamps Breach Response, Reporting Policies

    The White House on Tuesday laid out updated parameters for federal agencies to follow when preparing for and responding to data breaches and for complying with a federal statute that governs the disclosure of the personal information they hold.

  • January 4, 2017

    Former Federal Officials Want Probe Into Russia Hacks

    A group of prominent former intelligence and foreign policy officials called on Congress on Wednesday to establish an independent commission to investigate Russian interference in the 2016 presidential election, saying independent study was necessary to properly understand “what we can do to protect our democracy.”

  • January 4, 2017

    LabMD Gains Industry Support In FTC Data Security Row

    The business, tech and medical communities are lending support to LabMD in its challenge before the Eleventh Circuit to a Federal Trade Commission ruling that an alleged data leak harmed consumers, arguing that the commission doesn’t have the power to regulate data security or the expertise to police health care providers.

  • January 4, 2017

    Lands' End Hit With TCPA Suit Over Junk Faxes

    Clothing retailer Lands’ End was hit with a putative class action in Connecticut federal court on Wednesday that accuses it of benefiting from unsolicited faxed ads that wasted the time and resources of thousands of recipients.

  • January 4, 2017

    Spokeo Points To 2 New Decisions In 9th Circ. FCRA Row

    Spokeo Inc. on Tuesday highlighted two cases decided after the Ninth Circuit heard arguments last month in a closely watched battle over the company’s alleged publication of false personal information, saying the recent rulings bolster its position that the action remanded by the U.S. Supreme Court’s landmark May decision suffers from a lack of standing.

  • January 4, 2017

    Hilton Subsidiary Can't Escape Suit Over Vacation Ad Calls

    A Florida federal judge on Tuesday refused to allow a Hilton Worldwide Holdings Inc. subsidiary out of a proposed class action accusing the company of violating consumers’ privacy by using an autodialer to place prerecorded telemarketing calls, ruling the individual who brought the suit properly pled her claims.

  • January 4, 2017

    NJ Halts Calif. Fertility Clinic's Bad Review Ban

    A California fertility clinic has agreed to stop barring its customers from posting negative commentary about the facility and its personnel on crowd-sourced review websites as part of a settlement with New Jersey, state Attorney General Christopher S. Porrino announced Wednesday. 

  • January 4, 2017

    7th Circ. Skeptical Of TWC Data Class Action After Spokeo

    Multiple judges on a Seventh Circuit panel Wednesday made clear they believe a class action brought against Time Warner Cable Inc. over its alleged storage of former customers' information should stay dead Wednesday, telling the customers’ attorney no one was harmed by the company’s actions.

Expert Analysis

  • Do Big Data Analytics Hinder Workplace Diversity?

    Judith Biggs

    As more and more employers use new analytical tools for recruiting and hiring, the potential exists for employment decisions to become more fair, objective and unbiased. However, the U.S. Equal Employment Opportunity Commission is exploring whether the use of big data and technology-driven decision-making could disfavor candidates who lack a robust digital footprint, says Judith Biggs of Holland & Hart LLP.

  • With The New Administration, A New FCC Focus?

    Anne Goodwin Crump

    With the potential of new blood soon coming into the Federal Communications Commission, the FCC may shift at least some of its attention back to broadcasting issues. Anne Crump of Fletcher Heald & Hildreth PLC discusses who the next FCC chairman might be, and what else the future might hold for the commission.

  • What Now For The OCC’s Fintech Proposal?

    Kevin Petrasic

    Much has changed in Washington since the Office of the Comptroller of the Currency announced plans last month to open a new office intended to promote financial innovation. How the election of Donald Trump to serve as the new president of the United States affects fintech and the OCC’s plans for its Office of Innovation remains unclear, say attorneys with White & Case LLP.

  • 5 Ways To Reduce Risk When Acquiring A Payments Company

    Charles J. Morton Jr.

    Creating value for shareholders through acquisitions in the payment space is an important, time-tested strategy. However, regulatory pressure in the payments industry has increased considerably in the past few years. Combining regulatory insight with proven deal execution is essential if an acquisition is to have the intended results, say Charles Morton Jr. and Andrew Bigart of Venable LLP.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • AARP Lawsuit Puts EEOC In An Awkward Position

    Theresa A. Kelly

    By alleging that the U.S. Equal Employment Opportunity Commission's recent regulations governing employer wellness programs violate both the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, the AARP places the EEOC in the sticky situation of having to defend itself against allegations that it has violated two of the laws it is charged with enforcing, say Theresa Kelly and Howard Fetner of Day Pitney LLP.

  • Right-Of-Publicity Lessons From 'Grand Theft Auto' Suits

    Nicholas A. Plassaras

    The recent lawsuits brought by actress Lindsay Lohan and ex-“Mob Wives” star Karen Gravano over the "Grand Theft Auto V" video game offer a cautionary tale on the importance of jurisdiction and highlight the complex nature of right-of-publicity jurisprudence in the U.S., say Nicholas Plassaras and Jennifer Stanley of Fenwick & West LLP.

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • Hidden Legal Lessons In Anthony Weiner’s Laptop: Part 2

    John Reed Stark

    The legal issues surrounding a civil regulatory agency's subpoena and evidentiary analysis of a laptop or any other electronic storage device are a stark contrast to those in the criminal context and are too often wholly misunderstood. For example, the U.S. Securities and Exchange Commission’s subpoena for an ESD is more akin to an unlawful seizure than a rightful document demand, says John Reed Stark, former internet enforcement c... (continued)

  • Cybersecurity Trends: New Standards, Tolerating Ransoms

    Jay Dewald

    There is a surprising trend toward the appeasement of hackers through ransoms. Like many aspects of cybersecurity law, the legal treatment of this last option could benefit from clarity, say attorneys with Andrews Kurth Kenyon LLP.