• January 30, 2017

    'Pokémon Go' Maker Says Players' Trespass Not Its Problem

    The developer and marketer behind Pokémon Go hit back Friday at a proposed class action in California federal court accusing them of profiting from a game that encourages users to illegally wander onto private property, arguing that they weren’t responsible for individual players’ actions and had done nothing wrong.

  • January 30, 2017

    Yahoo Sues Insurer For Refusal To Cover TCPA Suits

    Yahoo Inc. slapped National Union Fire Insurance Co. of Pittsburgh, Pa., with a contract suit in California federal court Friday, saying the insurer had shirked its duty to defend against a number of suits alleging the tech giant violated the Telephone Consumer Protection Act by sending unsolicited text messages.

  • January 30, 2017

    9th Circ. OKs Gym Member Standing, But Nixes TCPA Suit

    An ex-gym member accusing a gym of Telephone Consumer Protection Act violations with spam-like texts suffered a concrete injury under U.S. Supreme Court Spokeo standards, the Ninth Circuit said in a published decision on Monday, though the panel affirmed the case's dismissal because the ex-member didn't cancel the texts.

  • January 30, 2017

    New FCC Urged To Halt Broadband Privacy Rules

    The Federal Communications Commission must hold off on applying privacy rules passed in the twilight of the Obama administration for broadband providers, until the regulator resolves their challenges seeking to undo the new requirements, trade groups said Friday.

  • January 30, 2017

    Ace Insurance To Settle TCPA Claims For $9.8M

    Chubb Ltd. unit Ace American Insurance Co. has agreed to pay $9.76 million dollars to settle claims that it violated the Telephone Consumer Protection Act when it made unsolicited marketing calls to bank customers on a federal anti-telemarketing registry, according to documents filed in Florida federal court on Friday.

  • January 30, 2017

    Amazon Can’t Escape Applicants’ Background Check Suit

    A Florida federal judge on Monday said that Inc. can’t duck a class action by job applicants accusing the online retailer of violating the Fair Credit Reporting Act through its background check system, saying that it is possible the company did not follow the proper steps to receive approval for the checks.

  • January 30, 2017

    'NBA 2K' Maker Gets Win In Face Scan Suit

    The maker of an NBA video game saw a New York federal court on Monday toss a putative class action claiming the company collected and retained facial scans of gamers, after the judge said the players didn’t suffer any actual harm.

  • January 30, 2017

    Privacy Group Of The Year: King & Spalding

    Combining a team-based approach with technical know-how, King & Spalding LLP’s privacy lawyers were able to successfully resolve dozens of proposed data breach class actions filed against retailers Home Depot and Sears Holdings last year, earning it a spot among Law360’s 2016 Privacy Groups of the Year.

  • January 30, 2017

    Consumers Shouldn't Bear Data Breach Burden, DC Circ. Told

    The National Consumers League threw its support behind CareFirst BlueCross BlueShield policyholders on Friday in litigation over a 2014 data breach, telling the D.C. Circuit that the risks consumers face in light of the increasing digitization of personal information should be borne by those demanding that data.

  • January 30, 2017

    B&N, Amazon Want Erotic Book Liability Claim Nix Affirmed and Barnes & Noble asked the Sixth Circuit Friday to affirm the dismissal of a privacy lawsuit brought by a couple whose engagement photo was used without permission on the cover of a parody erotica novel involving a New England Patriots football player that was sold through the companies' websites.

  • January 30, 2017

    50 Cent Fights Reed Smith Fee Claim With $32M Suit

    Rapper 50 Cent slapped Reed Smith LLP with an adversary complaint in his bankruptcy proceeding on Friday, saying his former counsel owes $32 million for several missteps in a lawsuit over a leaked sex tape and for charging excessive attorneys’ fees during the case.

  • January 30, 2017

    Trump Signs 'One In, Two Out' Order On Rulemaking

    The reach of federal regulations could soon be sharply curtailed, as President Donald Trump on Monday morning signed an executive order that requires two regulations be nixed for each new rule passed, potentially grinding future rules to a halt this year.

  • January 27, 2017

    Spokeo Points To 7th Circ. In Latest Citation War Sally

    In Spokeo's latest effort to convince the Ninth Circuit that a man lacks standing to sue the company for allegedly disseminating inaccurate information about him, the company on Friday pointed to a recent Seventh Circuit decision it said supported its view and asked the court to disregard two other appellate decisions cited by the plaintiff.

  • January 27, 2017

    Privacy Group of the Year: Cooley

    Cooley LLP appears to be a darling of the giants of Silicon Valley, and its wins this year for Facebook, Twitter and Google in privacy actions make it one of Law 360's 2016 Privacy Groups of the Year.

  • January 27, 2017

    Facebook Can't Ditch 'Happy Birthday' Text Row, Judge Says

    A California federal judge on Friday refused to nix a putative class action accusing Facebook of violating the Telephone Consumer Protection Act by sending unsolicited text message reminders about friends’ birthdays, ruling that the plaintiff had plausibly alleged the use of an autodialer and that the statute passed constitutional muster.

  • January 27, 2017

    UT Regent Can't Sue For Records, Texas High Court Holds

    The Texas Supreme Court held Friday that a University of Texas regent is barred from suing for access to student records redacted by the university system’s chancellor under the Family Educational Rights and Privacy Act, in a decision that drew four separate concurring opinions.

  • January 27, 2017

    Pa. Judge Steps Aside From LabMD, Tiversa Data Leak Row

    A Pennsylvania federal judge on Friday abruptly recused himself from a hotly contested and long-running fraud and defamation dispute between Tiversa and LabMD over the leak of a patient data file that ended up forming the basis for data security allegations that the Federal Trade Commission separately brought against the lab.

  • January 27, 2017

    Ex-Kaye Scholer Tech Transactions Partner Joins Orrick

    Orrick Herrington & Sutcliffe LLP announced Friday that it had nabbed a technology transactions partner from Kaye Scholer, which recently merged with Arnold & Porter.

  • January 27, 2017

    JC Penney Hit With TCPA Suit Over Autodialing

    Consumers hit J.C. Penney Co. with a putative class action in New York federal court this week, alleging the company oversteps telephone communication laws by autodialing customers when they’ve fallen behind on payments to their J.C. Penney-brand credit cards, even after requests to the retailer to make the calls stop.

  • January 27, 2017

    Free Market Groups Look To Nix FCC Privacy Rules

    A coalition of free market groups on Friday urged Congressional leadership to rescind privacy rules for broadband providers that the Federal Communications Commission adopted in October, arguing that the commission’s order lacks proper legal grounding and will likely harm consumers.

Expert Analysis

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.

  • 10 Tips For Presenting Complex Cases In Arbitration

    Bill Wagner

    What should companies expect when involved in the arbitration of aerospace, aviation, defense, cyber, security and technology-related disputes? Taft Stettinius & Hollister LLP partners Bill Wagner and Michael Diamant share 10 tips for presenting complex cases in arbitration.

  • How Trump May Impact EEOC Subpoena Ruling At High Court

    Anne Knox Averitt

    President-elect Donald Trump’s election injects uncertainty into the U.S. Supreme Court’s makeup and its future rulings, including for employment-related cases. Employers might view this election as a win, given the influence it could have on the ruling in McLane v. U.S. Equal Employment Opportunity Commission, say attorneys at Bradley Arant Boult Cummings LLP.

  • The Truth About The Russians And The Election

    John Reed Stark

    Last week, media outlets flooded the airwaves with dark tales of online Russian operatives who prevented Hillary Clinton from becoming U.S. president. However, the conclusory allegation of a Russian-orchestrated and targeted cyberstrike seems more akin to propaganda than truth, and is not only disquieting, but also irresponsible, says John Reed Stark, president of John Reed Stark Consulting LLC and former chief of the U.S. Securiti... (continued)

  • The Panama Papers: The Story So Far, And What Comes Next

    Jeremy Maltby

    The offshore banking industry attracted global attention earlier this year with the publication of 11.5 million leaked documents detailing decades of information about over 200,000 bank accounts and shell companies. Jeremy Maltby and Grant Damon-Feng of O'Melveny & Myers LLP examine government responses to the Panama Papers and offer tips for companies to minimize their risk of exposure to unlawful shell company activity and its consequences.

  • What The FCC Will Look Like In 2017

    Stephanie A. Roy

    Given that the Republican Party will soon hold three of five commissioner seats at the Federal Communications Commission, its agenda will likely hold sway for at least the next four years. The FCC may shift its attitude toward issues such as spectrum management and major mergers, says Stephanie Roy of Steptoe & Johnson LLP.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • A Trademark Year In Wine And Beer 2016: Part 4

    David Kluft

    In the penultimate article in his five-part series, David Kluft of Foley Hoag LLP continues to bring you the most interesting beer and wine trademark dispute cases of 2016.

  • How China's Draft Regulations Will Control Cloud Services

    Timothy Stratford

    Last month, China's Ministry of Industry and Information Technology published a draft Notice on Regulating Cloud Services Market Activities. The proposed regulations will create new restrictions on foreign investment and partnership activities and set other new requirements, say attorneys from Covington & Burlington LLP.

  • Public Records Access V. Privacy: California's Struggle

    Louie Castoria

    As Associate Justice Goodwin Liu commented during oral arguments last week, “Every jurisdiction in California will be parsing what we say to tell their employees what to do.” City of San Jose v. Superior Court poses a narrow question: whether a blanket exemption exists under the Public Records Act for communications conducted on private devices, say Louie Castoria and Aaron Cargain of Kaufman Dolowich & Voluck LLP.