• January 2, 2017

    Privacy Legislation And Regulation To Watch In 2017

    With Republicans in control of both the White House and Congress, privacy attorneys will be keeping a close eye on whether long-stalled efforts to modernize and unify government data access and breach notification laws will finally find traction in the coming year, as well as how active regulators such as the Federal Trade Commission and California attorney general will continue to be in policing privacy issues. 

  • January 2, 2017

    Retail Legislation And Regulation To Watch In 2017

    With so many unknowns surrounding President-elect Donald Trump, there is a lot up in the air for retailers, but new international data and privacy rules and expected revisions to deceptive pricing guidelines are sure to ripple through the industry. Here’s what retail attorneys should monitor in 2017.

  • January 2, 2017

    Privacy Cases To Watch In 2017

    Privacy attorneys are expecting the upcoming year to bring payoffs involving a host of long-simmering legal questions, including what exactly plaintiffs need to allege to prop up statutory privacy claims, how far the Federal Trade Commission can go in policing data security and whether the newly inked trans-Atlantic Privacy Shield data transfer mechanism is indeed a stronger mechanism than its predecessor.

  • January 2, 2017

    Hospitality Cases To Watch In 2017

    The new year looks likely to be a litigious one in the hospitality industry as consolidation of large hotel companies, labor law under the new Trump administration, municipal opposition to home-sharing websites such as Airbnb and security concerns of all kinds make an impact on hotels, resorts and restaurants. Here, Law360 takes a look at cases that hospitality lawyers plan to keep an eye on in 2017.

  • December 22, 2016

    DOJ Must Produce Surveillance Records For Judge To Review

    A California federal judge overseeing an Electronic Frontier Foundation records request suit ordered the government Thursday to show her in private more than 250 documents it’s holding back on a telephone surveillance program tied to AT&T Inc. call data.

  • December 22, 2016

    EU Data Retention Slam Offers Telecoms Cloudy Path Forward

    The European high court's declaration Wednesday that bulk data retention mandates can't fly provides certainty to telecoms about what they can't do under national laws, but the court's lack of clarity on what data they should still hold on to for law enforcement is likely to leave service providers in a bind.

  • December 22, 2016

    Google's $5.5M Privacy Deal Draws Ire Of Class Advocate

    A class action fairness advocacy organization is objecting to a $5.5 million settlement in a multidistrict litigation with Google over alleged privacy violations, telling a Delaware federal court it’s unfair to direct funds to cy pres recipients and that the requested $2.5 million in attorneys’ fees is excessive.

  • December 22, 2016

    IDNYC Data Dump Delayed By Judge, Pending Hearing

    A New York state judge on Wednesday said that New York City must hold off on destroying documents related to applications for the city-issued IDNYC identification cards, saying that he wants to hear testimony about the retention of the public records related to immigrant applicants.

  • December 22, 2016

    TD Bank, Target Trim Robocall Suit, But Not Calif. Claim

    TD Bank and Target may have put a dent in a putative class action over repeated unsolicited phone calls to customers, but according to a New Jersey federal court ruling Tuesday, they could not defeat a consumer’s claim for violating a California debt collection law at the dismissal stage.

  • December 22, 2016

    Franken Raises Data Privacy Concerns After Uber App Update

    U.S. Sen. Al Franken, D-Minn., is urging Uber CEO Travis Kalanick to rethink the latest update to the car-hailing app, saying in a letter sent Wednesday that new restrictions on users’ ability to control access to their location merits new privacy policies.

  • December 22, 2016

    The Most Significant Data Breaches Of 2016

    By themselves, the hack of a thousand payment card systems at a fast-food chain or the theft of three million patient files would have been significant, but when a single company loses more than a billion users’ account information, you know 2016 was a big year for data breaches.

  • December 22, 2016

    JPMorgan Sues Fla. Law Firm For Risking Clients' Privacy

    JPMorgan Chase Bank NA hit law firm Korte & Wortman PA with a lawsuit in Florida federal court Wednesday, accusing the firm of making invalid requests for customers’ personal information and putting that information at risk in violation of the Gramm Leach Bliley Act.

  • December 22, 2016

    Pa. Justices To Mull Sheriff Immunity In Gun Permit Row

    The Pennsylvania Supreme Court agreed Wednesday to hear a case over whether a county sheriff could be totally immunized from class claims that firearm permit notices mailed out on postcards violated the statutory privacy rights of residents.

  • December 22, 2016

    Missouri Seeks Judgment In TCPA Suit Against Charter

    The state of Missouri on Wednesday sought a quick win in a Telephone Consumer Protection Act suit against Charter Communications Inc., saying the evidence indisputably shows the cable company made unwanted sales calls to residents on state and federal do-not-call registries.

  • December 21, 2016

    American Eagle To Pay $14.5M To End Spam Text Dispute

    American Eagle Outfitters has agreed to shell out $14.5 million to settle a proposed class action accusing the clothing company of violating the Telephone Consumer Protection Act by blasting consumers with unsolicited text-message advertisements, according to documents filed in New York federal court Wednesday.

  • December 21, 2016

    House Group Warns Against Proposals To Weaken Encryption

    A bipartisan House group tasked with tackling the thorny legal and policy issues surrounding encryption recommended on Tuesday that Congress refrain from taking steps to require service providers to help law enforcement bypass security measures, but instead explore alternatives such as encouraging increased collaboration between the public and private sectors. 

  • December 21, 2016

    EU High Court Strikes Down Mass Data Retention

    Europe's highest court ruled Wednesday that national governments can't require service providers to retain users' electronic communications records en masse, handing a victory to a telecom and politican challenging such mandates and dealing a blow to a new surveillance law in the U.K.

  • December 21, 2016

    9th Circ. Can’t Stall Suit Over Planned Parenthood Tape

    A California federal judge said Wednesday he would not stay Planned Parenthood’s suit against anti-abortion activists who lied about their identities then released videos purporting to show the improper sale of fetal tissue, saying he didn’t want the case to languish until the Ninth Circuit decides the fate of some of its claims.

  • December 21, 2016

    Employer Must Face Privacy Suit For Worker's Breach

    A Massachusetts man can sue an insurance company after one of its employees divulged his personal information to her boyfriend, who then threatened him for reporting a car accident that the boyfriend had caused while fleeing from police, the state’s intermediate appellate court ruled Wednesday.

  • December 21, 2016

    FCC’s Wheeler Defends ISP Privacy Rules To Sen. Flake

    Outgoing Federal Communications Commission Chairman Tom Wheeler has fired back at Republican Sen. Jeff Flake of Arizona on privacy rules for broadband providers adopted in October, writing in a letter posted publicly Wednesday that the process before the vote was “commonplace” and the plan protects consumers.

Expert Analysis

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • Cybersecurity Forecast: Trump's 'Warfare Of The Future' Plans


    During the campaign, President-elect Donald Trump did not extensively outline a cybersecurity strategy, but we can gain some insight into his agenda from information provided on his website and from his partnerships with both political and nonpolitical figures, says Meaghan Pedati of McGuireWoods LLP.

  • A Primer On The Presidential Appointee Vetting Process

    Robert K. Kelner

    With the election over, the process of selecting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the process entails extensive vetting of professional credentials and a host of personal background check issues, say attorneys with Covington & Burling LLP.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.

  • Will FCC Privacy Rules Create Challenges For ISPs?

    John F. Stephens

    The Federal Communications Commission's new rules limit internet service providers' usage of consumer data, which will impact their profits and pressure them to increase fees for users. However, the incoming Republican administration may ignore or even undo these rules, says John F. Stephens of Sedgwick LLP.

  • Inside NHTSA's Proposed Cybersecurity Best Practices

    Scott L. Winkelman

    The cybersecurity best practices for automakers recently proposed by the National Highway Traffic Safety Administration are nonbinding. The guidance does, however, suggest that NHTSA may eventually utilize its safety mandate “to cover vehicle cybersecurity" and may foreshadow regulatory or legislative action to come, say attorneys at Crowell & Moring LLP.

  • Fallen Warriors In The Game Of Mobile Privacy

    Gary A. Kibel

    Recent suits filed against the Golden State Warriors and the Indianapolis Colts hold many lessons in mobile privacy for sports teams, leagues, app developers, companies and other location-based services that use beacon technology, say attorneys with Davis & Gilbert LLP.

  • DOD Rule Would Create Export Control Issues For Contractors

    Andy Irwin

    If implemented, the U.S. Department of Defense's proposed rule on withholding unclassified technical data could impact or potentially inhibit the submission of contractor export violation disclosures to the U.S. Departments of State and Commerce, say Andy Irwin and Michael Mutek of Steptoe & Johnson LLP.

  • Merging Law Firms: Why Deals Fail Or Underperform

    Lisa Smith

    While many law firm mergers have been successful, some have been spectacularly unsuccessful — to the point of firm dissolution. Some have exceeded expectations, while others have had little impact on the overall competitiveness of the combined firm. In both failed discussions and less-than-successful mergers, there are mistakes that are made along the way, says Lisa Smith of Fairfax Associates.

  • Attack Of The Zombie Webcams: DDoS Attacks And The Insecure IoT

    Laura E. Jehl

    While smaller distributed-denial-of-service attacks have been a hazard for internet systems for years, recent DDoS attacks are dramatically larger, meaning that long-used defenses against them are simply overwhelmed. As the mode and scale of these attacks evolve, so too will the legal landscape and standard for duty of care, say attorneys with Sheppard Mullin Richter & Hampton LLP.