• March 2, 2017

    SuperAmerica's $3.5M TCPA Deal Gets Initial OK

    A Minnesota federal judge on Wednesday gave her initial blessing to an up to $3.5 million deal resolving a suit alleging that convenience store chain SuperAmerica violated the Telephone Consumer Protection Act by sending unsolicited texts, conditionally certifying the class in the process.

  • March 2, 2017

    9th Circ. Lets Biz Group Back Redo Bid In FCRA Dispute

    The Ninth Circuit allowed the U.S. Chamber of Commerce Thursday to support a request by a subsidiary of oilfield services giant Schlumberger Ltd. that the court reconsider its decision to revive a proposed class action alleging the company violated the Fair Credit Reporting Act when conducting preemployment background checks.

  • March 2, 2017

    $76M Cruise Robocall Class Settlement Gets Final Approval

    An Illinois federal judge on Thursday gave final approval to a $76 million deal resolving a class action accusing several cruise marketing companies of robocalling potentially millions of Americans, with the stipulation that the court must give prior approval to any gifting of unclaimed settlement funds.

  • March 2, 2017

    Taxi Co., App Pay $5.3M To Settle Spam Texts Suit

    A Washington federal judge on Wednesday gave his initial blessing to a $5.3 million deal resolving a class action accusing a taxi company and a cab-hailing app of sending unwanted commercial text messages after more than four years of litigation.

  • March 2, 2017

    Law Firms Emerge As Easy Targets For Ransomware Attacks

    Ransomware attacks are an expanding plague in the corporate arena, and data-rich law firms are an attractive target for cybercriminals in search of sensitive information that will garner them big payouts, a digital forensics specialist said during a cybersecurity panel discussion on Thursday.

  • March 2, 2017

    Calif. Justices Grant Open Gov't Win In Public Records Row

    A unanimous California Supreme Court on Thursday ruled that public officials' communications about government business on their personal accounts or devices are subject to scrutiny under the California Public Records Act, a decision praised by open government adovcates as a win for transparency.

  • March 2, 2017

    Uber, Text Recipients Agree To Mediate TCPA Disputes

    Uber and an Illinois woman accusing the company of sending unwanted text messages in violation of the Telephone Consumer Protection Act will be entering mediation, an Illinois federal court said Thursday, and they may be joined by California text recipients in similar litigation.

  • March 2, 2017

    Facebook Strikes Deal In URL-Messaging Privacy Class Action

    Facebook Inc. has reached a nonmonetary settlement with a national class of users in which it has agreed to cease the practice of using and sharing data exchanged in private messages to boost targeted advertising, according to a Wednesday filing in California federal court.

  • March 2, 2017

    EEOC Moves To Toss AARP Suit Over Wellness Program Regs

    The U.S. Equal Employment Opportunity Commission asked a D.C. federal judge Wednesday to toss the AARP's challenge of a pair of agency rules letting employers raise insurance premiums for workers who don't take part in wellness programs, saying the groups lacks standing to challenge the regulations on its members' behalf.

  • March 2, 2017

    Columbia Sportswear Accuses Former Employee Of Hacking

    Columbia Sportswear Co. on Wednesday filed a lawsuit in Oregon federal court accusing a former employee in its information technology department of illegally hacking into its computer system after he resigned and assessing highly confidential company information for the benefit of the company's business partner that hired him.

  • March 1, 2017

    NIST Cybersecurity Framework Bill Heads To House Floor

    The U.S. House of Representatives' technology committee on Wednesday advanced a legislative proposal that would push federal agencies to follow a widely accepted voluntary cybersecurity framework developed through a collaboration between the National Institute of Standards and Technology and the private sector three years ago.

  • March 1, 2017

    FCC Halts Data Security Rule In ISP Privacy Regs

    The Federal Communications Commission’s Republican majority voted Wednesday to hold off on implementing a data security rule set to take effect Thursday that was part of Obama-era privacy regulations for broadband providers, hitting pause until the FCC decides how to address the broader rules.

  • March 1, 2017

    Judge OKs $1.2M Microsoft Consumer Receipt Settlement

    A Florida federal judge gave preliminary approval on Tuesday to a proposed $1.2 million settlement between Microsoft Corp. and a proposed class of consumers who allege the company’s physical store receipts displayed too many digits of their credit card numbers, putting them at risk for identity theft.

  • March 1, 2017

    Organic Baby Food Co. Says Rival Similac Infringed Its Name

    California-based organic baby food maker Once Upon a Farm slapped Abbott Laboratories with a complaint Wednesday in California federal court claiming its trademarked name was ripped off and placed on the packaging of the health care giant’s own Similac baby formula.

  • March 1, 2017

    Calif. Law Protecting Lawmakers' Privacy Blocked, For Now

    A pair of website owners on Monday succeeded in halting the enforcement of a California law that keeps them from posting online the personal information of state legislators who voted in favor of a recent gun control measure, when a California federal judge issued a preliminary injunction.

  • March 1, 2017

    Global Fraud Ring Charged With Faking M&A Deals, Car Ads

    The U.S. Department of Justice unsealed indictments on Wednesday charging 19 individuals from Israel and Europe in a conspiracy that allegedly duped finance employees with fake corporate transactions, scammed online car buyers and laundered the criminal proceeds.

  • March 1, 2017

    Judge Tosses Student Loan Robocall Class Action

    A student loan administrator beat a suit by a group of borrowers accusing the company of violating the Telephone Consumer Protection Act when a California federal judge ruled Tuesday the borrowers couldn’t pin a collector’s activities on the loan administrator.

  • March 1, 2017

    Backer Firm Looks For Class Cert. In Costco Junk Fax Suit

    The Backer Law Firm LLC asked a Missouri federal judge Tuesday to certify a class of people and companies whom Costco Wholesale Corp. sent unsolicited fax advertisements that violated the Telephone Consumer Protection Act, saying the allegations are best handled as a class action.

  • February 28, 2017

    ACLU Raises Alarm Over New Privacy Change For Immigrants

    The ACLU fired off a letter to the White House on Tuesday decrying an executive order provision directing agencies to make sure their privacy policies bar people who aren't citizens or green card holders from certain protections, warning the administration of an "implementation nightmare."

  • February 28, 2017

    FAA Wrong To Exclude Privacy From Drone Rules, Group Says

    The Electronic Privacy Information Center on Tuesday doubled down on its challenge to the Federal Aviation Administration’s failure to address privacy risks in a final rule for commercial drone use, telling the D.C. Circuit that the exclusion contradicted congressional intent and the agency’s own acknowledgment of importance of these issues.

Expert Analysis

  • The Privacy Implications Of Trump’s Immigration Order

    Heather Sussman

    President Donald Trump's recent executive order expanding enforcement of U.S. immigration laws is a departure from how the federal government previously has treated personally identifiable information of those who are not U.S. citizens or lawful permanent residents, in many contexts, including the processing of visas and immigration records, say attorneys with Ropes & Gray LLP.

  • Can Federal Agencies Reverse Course Under Trump?

    Steven D. Gordon

    The next four years will see litigation that explores the extent to which the Trump administration can alter or reverse the regulatory policies of the Obama administration without having to enact new legislation. The U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought, says Steven Gordon of Holland & Knight LLP.

  • Dialing In: Hot TCPA Issues For 2017

    Lewis S. Wiener

    The Federal Communications Commission's new chairman, Ajit Pai, has historically disagreed with many facets of the Telephone Consumer Protection Act. Now that he is in a position to shape the TCPA to his liking, he and several other key factors may significantly impact the future of the act, say attorneys with Eversheds Sutherland LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 1

    David Kluft

    I always worry about what will happen if someone at a Super Bowl party asks me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits IP lawyers are supposed to know about. This article is my solution — a summary of gridiron IP disputes since the last Super Bowl, says David Kluft of Foley Hoag LLP.

  • How The Cayman Islands Updated Its Confidentiality Law

    Andrew Bolton

    Last year, as part of a move toward transparency, cooperation and information-sharing, the Cayman Islands replaced its 40-year-old confidentiality law with a new statute. The key change is that disclosure of confidential information is no longer a criminal offense; instead, liability is returned to the realm of common law and rules of equity, say Andrew Bolton and Jane Hale of Appleby.

  • Key Takeaways From FINRA’s 2017 Priorities Letter

    Peter W. LaVigne

    The compliance issues described in the Financial Industry Regulatory Authority’s 2017 priorities letter will apply differently at different firms, but a good place for any firm to start would be regular testing of internal supervisory controls, followed by testing of the firm’s cybersecurity controls, says Peter LaVigne of Goodwin Procter LLP.

  • A Look Back At A Year Of Record-Setting HIPAA Enforcement

    David P. Saunders

    Last year saw unprecedented levels of enforcement actions, fines and, as a result, aggregate Health Insurance Portability and Accountability Act penalties being assessed. This year, the question on many HIPAA-watchers' minds, however, is whether 2016 is the “new normal” or if it was aberrational, says David Saunders of Jenner & Block.

  • Maritime Cybersecurity Regulation On The Horizon: Part 2

    Christopher Burris

    Cybersecurity for ships, ports, terminals and offshore facilities is becoming an increasing concern for energy companies. As Congress considers relevant legislation, and agencies including the U.S. Coast Guard, the Department of Homeland Security and others begin exploring maritime cybersecurity regulations, energy firms must stay abreast of developments, say attorneys from King & Spalding LLP.

  • Bitcoin Users Should Expect More IRS And DOJ Scrutiny

    Mark Milton

    As the value of a bitcoin hovers near $1000, holders of the digital currency may be celebrating. But bitcoin users face new scrutiny from federal authorities. The IRS' quest for information on users of the Coinbase bitcoin exchange service is part of a joint effort with the U.S. Department of Justice to pursue tax evaders, says Mark Milton of Husch Blackwell LLP.