• March 31, 2017

    McDonald's Canada Loses 95K Job Applicants' Data In Breach

    The personal information of roughly 95,000 people who applied for a job at McDonald’s in Canada over the past three years via the company’s career website has been compromised in a cyberattack, the chain announced Friday.

  • March 31, 2017

    Buccaneers' $19.5M Deal Over Junk Faxes Gets Early Nod

    A Florida federal magistrate judge preliminarily approved a $19.5 million settlement the Tampa Bay Buccaneers struck with a Florida client services firm that resolves Telephone Consumer Protection Act litigation over faxed advertisements for game tickets sent in 2009 and 2010.

  • March 31, 2017

    Rite-Aid Beats TCPA Suit Over Flu Shot Reminder Calls

    A New York federal judge on Thursday tossed out a proposed class action that alleged Rite Aid violated the Telephone Consumer Protection Act by sending prerecorded flu shot reminder notices to consumers’ cellphones, delaying release of the opinion until the parties propose redactions due to confidential information.

  • March 31, 2017

    Costco Receipt Suit Tossed As Patron's Harm Claim Quashed

    Costco Wholesale Corp. beat a proposed consumer class action alleging the company printed too many digits of a customer’s credit card number on a receipt when an Illinois federal judge ruled Thursday the customer hadn’t shown she was harmed by the alleged action.

  • March 31, 2017

    Wendy's To Face Breach Claims After Magistrate's OK Upheld

    A Pennsylvania federal judge on Friday accepted a magistrate’s recommendation to keep alive a lawsuit against Wendy’s by a group of financial institutions in the wake of a 2016 breach, rejecting the chain’s argument that the proper standard for resolving dismissal motions hadn’t been applied.

  • March 31, 2017

    Texas Judge Axes Uniloc Medical Data Patents Under Alice

    An Eastern District of Texas judge ruled Thursday that two Uniloc USA Inc. medical data patents were invalid under the U.S. Supreme Court’s Alice decision, rejecting arguments that some recent Federal Circuit decisions justified a change from a similar decision in 2015.

  • March 31, 2017

    FCC's Junk Fax Opt-Out Rule Struck Down By DC Circuit

    A split D.C. Circuit on Friday invalidated the Federal Communications Commission's decision to require opt-out notices on solicited faxes, ruling that the commission lacks the authority under the Telephone Consumer Protection Act to regulate communications that were sent with the recipient's consent.

  • March 30, 2017

    Spokeo Says 9th Circ. Decision Supports Toss Of FCRA Suit

    Spokeo Inc. and a man suing the people-search website for allegedly reporting inaccurate information are sparring over the significance of a recently amended Ninth Circuit opinion in a separate Fair Credit Reporting Act dispute, with the consumer bashing Spokeo’s argument Thursday that the revision kills his chances of proceeding with the suit.

  • March 30, 2017

    Consumers Get Ikea ZIP Code Suit Booted From Federal Court

    A California federal judge on Wednesday followed through on instructions from the Ninth Circuit to dismiss a proposed class action accusing Ikea of illegally collecting customer ZIP code data, presumably setting up a state court battle that the lead consumer had asked for on appeal.

  • March 30, 2017

    Data Breaches Exposed 1.4B Records In 2016, Report Says

    Nearly 1.4 billion consumer data records were stolen or lost in 2016, an 86 percent jump from the previous year that was fueled in large part by hackers targeting and holding for ransom large databases compiled by social media and entertainment websites such as AdultFriendFinder, according to a report released by Gemalto on Wednesday. 

  • March 30, 2017

    Prisoners' Call Recording Suit Against Securus Gets Trimmed

    A group of former prisoners accusing Securus Technologies Inc. of recording their calls without permission were unable to convince a California federal judge to keep alive portions of their fraudulent misrepresentation claim, which was permanently dismissed Wednesday after multiple amendments, though other claims in the suit remain.

  • March 30, 2017

    Consumer Only Had To Text 'STOP,' Kohl’s Says In TCPA Row

    Kohl’s Department Stores Inc. in New Jersey federal court on Thursday slammed a consumer’s claim that the retailer had violated the Telephone Consumer Protection Act when sending her sales messages via text, arguing that she simply had to opt out of her prior written consent by using the word “STOP.”

  • March 30, 2017

    Payment Co.'s Illegal Recording, TCPA Row Ends In Deal

    A  San Diego resident who accused payment processing company Pivotal Payments Inc. of making repeated unwanted phone calls and recording those calls without warning has dropped her Telephone Consumer Protection Act claims in light of a settlement, according to a California federal court filing on Wednesday.

  • March 29, 2017

    7th Circ. Says Collector Misled Consumer About Old Debt

    The Seventh Circuit on Wednesday affirmed a ruling that debt collector Portfolio Recovery Associates had run afoul of the Fair Debt Collection Practices Act in its efforts to recoup an old consumer debt, finding the letter it sent to the debtor failed to clearly communicate that the debt had expired. 

  • March 29, 2017

    5 Ways IPO Prospects Can Boost Cybersecurity Readiness

    Cyberattacks are a big enough headache for a private company, but the risks take on new meaning for a company considering going public, where they will face far more regulatory scrutiny and risk investor backlash should their sensitive data be breached. Here are five ways IPO prospects can boost their cybersecurity readiness before catching the public's eye.

  • March 29, 2017

    9th Circ. Upholds ID Theft And Re-Entry Conviction, Sentence

    The Ninth Circuit on Wednesday affirmed a Mexican national’s conviction and 15-year sentence for aggravated identity theft and attempted illegal re-entry, ruling, among other things, that the district court didn’t err in deciding that the man had breached the terms of a plea agreement when he attempted to re-enter the U.S.

  • March 29, 2017

    Sens. Propose Bill To Boost Small Business Cybersecurity

    A bipartisan group of U.S. senators have introduced a bill that would offer small businesses additional resources to help them protect against and manage cybersecurity risks, according to a set of press releases issued by the lawmakers on Wednesday.

  • March 29, 2017

    Planned Parenthood Video Duo Facing 15 Felonies In Calif.

    California’s attorney general on Tuesday charged two anti-abortion activists with 15 felonies involving privacy violations for using fake identities to secretly record women's health providers and supporters, which the duo claimed showed Planned Parenthood officials selling fetal tissue for profit.

  • March 29, 2017

    MasterCard, Visa Push To Nix Testimony In Chip Antitrust Row

    MasterCard, Visa and other credit card companies accused by a putative class of retailers of unfairly passing along fraud liabilities with the rollout of a new microchip system told a California federal judge Tuesday that the merchants’ proposed class certification expert is unreliable and his opinions should be nixed.

  • March 29, 2017

    Sens. Provide Update On Russia Probe As Nunes Stands Firm

    Senate Intelligence Committee leaders sought to underscore the seriousness of their probe into Russian interference with the 2016 presidential election on Wednesday, as House Intelligence Committee Chairman Devin Nunes, R-Calif., pinned the blame on Democrats for difficulties with his own committee’s investigation, rebuffing calls to step down.

Expert Analysis

  • Electronic Device Searches At Airports: Business As Usual?

    A. Jeff Ifrah

    In the midst of the furor over President Donald Trump's executive order banning travel from seven Muslim-majority countries, travelers and employers should not overlook another recent suggestion by the administration: that foreign visitors to the U.S. be required to disclose information from their personal electronic devices before being allowed to enter the country, say Jeff Ifrah and David Yellin of Ifrah Law.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • Avoiding FTC's Cross-Device Tracking Crosshairs

    Julie O’Neill

    While the Federal Trade Commission’s recent report on cross-device tracking does not introduce any materially new suggestions for compliance beyond existing industry self-regulatory efforts, it draws attention to the importance of compliance with those efforts and the potential risks of enforcement for failing to clearly and accurately describe cross-device tracking practices, say Julie O’Neill and Adam Fleisher of Morrison & Foerster LLP.

  • Takeaways From NASA Cloud Security Audit

    William C. Wagner

    Last month, the NASA Office of Inspector General issued a report on the security of NASA’s cloud computing services. William Wagner of Taft Stettinius & Hollister LLP suggests eight discussion points for a review of the audit's findings with your company's management and board.

  • Limiting Remedies On Celebrity Right-Of-Publicity Claims

    Arsen Kourinian

    When a licensee uses a celebrity’s image or likeness past the term of a license agreement, but in the same manner previously consented to, the claim falls squarely into a right-of-publicity tort and is like an intellectual property claim for economic damages. Emotional distress damages should not be available, says Arsen Kourinian of McGuireWoods LLP.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Cyber Ecosystem: Evolving Tech And Risk Governance

    Sonja S. Carlson

    The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.