• May 3, 2017

    FTC Chair To Focus On Real Harms Over Speculative Ones

    President Donald Trump’s temporary choice to lead the Federal Trade Commission vowed to focus the agency’s antitrust and consumer protection enforcement on cases in which business activity has led to actual and substantial harm, suggesting on Wednesday an end to the old days of intervening in markets based on “speculative” harms.

  • May 3, 2017

    Bulk Data Collection’s End Didn’t Slow NSA Down Last Year

    Though prohibited from collecting domestic surveillance information in bulk under a recent law change, the National Security Agency last year still scooped up an estimated 151 million call detail records from telecoms, according to a government report released Tuesday.

  • May 3, 2017

    Kimpton Moves To Appeal Data Breach Suit Ruling To 9th Circ.

    Kimpton asked a California federal court to let it appeal to the Ninth Circuit a determination that a consumer has standing to bring a proposed class action over the theft of payment card data in a 2016 breach, saying Tuesday that this question has split courts nationwide. 

  • May 2, 2017

    2nd Circ. Won't Revive Michaels Data Breach Suit

    The Second Circuit on Tuesday affirmed the toss of a putative data breach class action against Michaels Stores Inc., ruling that the credit card holder who brought the suit lacks standing to proceed with her claims because she hadn't incurred any actual charges on her card or any other concrete injuries.

  • May 2, 2017

    11th Circ. Won't Review Nix Of Mortgage Row Under Spokeo

    The full Eleventh Circuit declined Monday to reconsider a panel decision that canned a proposed class action accusing CitiMortgage of failing to file mortgage paperwork in a timely fashion as required by New York law, drawing a stern rebuke from one judge who argued the decision flouted the U.S. Supreme Court’s Spokeo ruling.

  • May 2, 2017

    Fox Rothschild Taps Polsinelli Atty To Co-Chair Tech Team

    A former leader of Polsinelli PC’s privacy and data security team has been scooped by Fox Rothschild LLP to co-chair its data and technology practice group from Chicago, the firm announced on Tuesday.

  • May 2, 2017

    Health Service Cos. Fork Out $1.35M Over TCPA Claims

    A Florida-based health care provider and one based in Canada have agreed to shell out $1.35 million to settle a proposed class action claiming they sent roughly 5,600 fax advertisements that didn’t contain necessary opt-out language, in violation of the Telephone Consumer Protection Act.

  • May 2, 2017

    Judiciary Committee Promotes Privacy, Visa, Patent Reforms

    The House Judiciary Committee on Tuesday released its "innovation and competitiveness agenda" for the current Congress, which includes efforts to protect email privacy, reform the U.S. Copyright Office, amend work visas and pursue a patent reform bill.

  • May 2, 2017

    'Pokemon Go' Maker Escapes Suit Over 'Unfair' Privacy Policy

    "Pokemon Go" maker Niantic Inc. on Tuesday beat a Florida state court suit alleging the game’s privacy policy and terms of use are unenforceable when a judge ruled the man bringing the suit hadn’t shown he was actually injured by the alleged contract law violations.

  • May 2, 2017

    Sidley Austin Snags Ex-FTC Chair Tim Muris From Kirkland

    Sidley Austin LLP said Monday that it has added a former chairman of the Federal Trade Commission to its antitrust and competition practice from Kirkland & Ellis LLP, bringing on an attorney with extensive experience working on all aspects of antitrust enforcement and consumer protection.

  • May 2, 2017

    Car Warranty Co. Accused Of Improperly Using Drivers' Info

    A car warranty company has improperly acquired car owners’ personal information from state departments of motor vehicles and used it to send advertisements through the mail, according to a proposed class action lawsuit filed Tuesday in Wisconsin federal court.

  • May 2, 2017

    Doctor Loses Records Fight In State Board Rx Probe

    A psychiatrist must turn over a portion of patient medical records sought in a state investigation of her drug prescribing practices after a California appeals court upheld a trimmed version of the subpoenas Monday. 

  • May 2, 2017

    ZwillGen Welcomes Seasoned National Security Lawyer

    A former U.S. Department of Justice attorney with a history of handling national security matters, including a stint in the Office of the Director of National Intelligence, has joined ZwillGen PLLC to help guide clients through numerous privacy and cybersecurity issues, the firm announced on Monday.

  • May 2, 2017

    ACLU Says Merits Win Not Needed For Spy Court Standing

    The American Civil Liberties Union continued Monday to press the full Foreign Intelligence Surveillance Court to reconsider an access denial to bulk data collection decisions, arguing its right to reconsideration is based on the underlying injury allegations, not how they’d fare in a merits decision.

  • May 2, 2017

    Ally Financial Says Lies Warrant Sanctions In TCPA Spat

    Ally Financial Inc. urged a Florida federal judge Monday to sanction a consumer and his counsel for allegedly making misrepresentations over the course of a Telephone Consumer Protection Act suit, saying the man has gone too far by lying to try to represent a class of which he isn’t a part.

  • May 2, 2017

    Man Fined $1.68M For 'Cramming' Scheme Wants Suit Tossed

    A man being sued by the federal government for a $1.68 million forfeiture in conjunction with a Federal Communications Commission fine over an alleged “cramming” scheme of acquiring toll-free numbers and deceiving consumers on Monday urged a Florida federal court to dismiss the complaint, saying it was filed too late.

  • May 1, 2017

    Judge Questions Lead's Viability In Mugshots Privacy Suit

    A California judge on Monday postponed her decision on whether to certify a proposed class alleging violates privacy rights and extorts arrestees by charging a fee to take their mugshot photos offline, saying the plaintiffs should find someone who actually paid the removal fee to represent the putative class.

  • May 1, 2017

    11th Circ.'s Spokeo Take Favors Subscriber, Judge Told

    A Consumer Reports reader fighting to keep alive his privacy lawsuit against the magazine’s publisher for supposedly selling subscriber data asked a New York federal judge Monday to consider recent Eleventh Circuit guidance on the issue of standing under the U.S. Supreme Court’s landmark Spokeo ruling.

  • May 1, 2017

    Background Check Co. Faces FCRA Suit Over Accuracy

    A West Virginia man who says he was denied a job because of false information provided by pre-employment screening service InfoMart Inc. launched a proposed class action against the company in federal court Friday, claiming it violated the Fair Credit Reporting Act.

  • May 1, 2017

    Accused JPMorgan Hacker Will Forfeit 81 Overseas Accounts

    An Israeli man whom U.S. prosecutors accuse of running several online criminal schemes, including an unprecedented hack of a JPMorgan Chase & Co. database of 83 million customers, agreed to drain 81 overseas bank accounts and send the money to the U.S. government, according to court papers filed Friday.

Expert Analysis

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • What Cos. Must Know About Social Media And Insurance

    Mikaela Whitman

    The instantaneous worldwide access that social media provides, with the ability to repurpose information in the public domain, can multiply a company's liability exposure with a single click. Mikaela Whitman of Liner LLP discusses what steps to take in order to maximize available insurance coverage for social media claims.

  • Reducing Administrative Burden Under New 'Common Rule'

    Lisa Rooney

    The U.S. Department of Health and Human Services' recent revisions to the “Common Rule” aim to reduce administrative and regulatory burden on the informed consent process. However, the revised rule will simply add to or shift such burden to other individuals and entities, say Lisa Rooney and Scott Lipkin of FTI Consulting.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Dealing With 'Relatedness' Under Cyberinsurance Policies

    Marc E. Rindner

    When organizations respond to data breaches, they sometimes discover additional breaches that may significantly impact insurance claims. Insurers must recognize unique coverage considerations due to the potential asymmetry of information when related claims issues arise under cyberpolicies, say attorneys with Wiley Rein LLP.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • New NY Cybersecurity Regs Will Have National Reach

    Romaine Marshall

    Given the national reach of the New York Department of Financial Services, the impact of New York's new cybersecurity regulations for the financial services sector will be felt far beyond the state of New York. The new rules may drive similar changes to other state and federal information protection laws, becoming the baseline standard for the industry, say Romaine Marshall and Matt Sorensen of Holland & Hart LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • How EU Data Privacy Reform Will Impact US Telecom Cos.

    Linda V. Priebe

    It's no secret that a new European Union and European Economic Area data protection regulation will go into effect next year. What is not clearly understood is that U.S. communications companies without any EU/EEA customers of their own, may find themselves subject to the new general data protection regulation simply because their U.S. customers have customers in the EU/EEA, says Linda Priebe of Culhane Meadows PLLC.

  • NY Life Settlement And Cybersecurity Compliance

    Theodore P. Augustinos

    Attorneys with Locke Lord LLP explain the New York Department of Financial Service's new cybersecurity regulations and discuss the immediate actions that life settlement providers and brokers should take in order to comply.