• March 24, 2017

    Heart Apps Revise Ad, Privacy Practices In Deal With NY AG

    A trio of mobile health app developers have agreed to pay $30,000 and revise their advertising and privacy policies to resolve the New York attorney general's claims that they falsely touted their apps' ability to measure key vital signs and were unclear about what data the apps scooped up, the regulator said Thursday. 

  • March 24, 2017

    E-ZPass Debt Collector Beats Suit Over Recovery Letters

    A New Jersey federal court on Friday tossed a putative class action against a debt collector over allegedly improper letters dealing with unpaid E-ZPass tolls and associated penalties, saying such obligations do not constitute a “debt” under the Fair Debt Collection Practices Act.

  • March 24, 2017

    1.4 Million Illinois Job Seekers' Info Potentially Hacked

    Gov. Bruce Rauner's office confirmed Friday that a vendor contracted with the state's Department of Employment Security had its data breached earlier this month in a hack that touched the data of 1.4 million job seekers in Illinois.

  • March 24, 2017

    FCC Faces Quandary If Obama-Era Privacy Rules Get Boot

    If the House follows the U.S. Senate’s lead in voting to undo late Obama-era Federal Communications Commission privacy rules for internet service providers, experts say the FCC may face an untested legal question of whether it can adopt an alternative preferred by the agency's new GOP chairman.

  • March 24, 2017

    EU Lawmakers Declare 'Privacy Shield' Pact Inadequate

    A European parliamentary committee on Thursday narrowly approved a resolution that slammed the EU-U.S. Privacy Shield data transfer pact for “key deficiencies” that need to be addressed during an upcoming review of the mechanism, including concerns over the U.S. government’s alleged failure to curb sweeping surveillance efforts.

  • March 24, 2017

    ADT Agrees To Pay $16M To End Alarm Hackability Suits

    ADT LLC has agreed to pay $16 million to end five separate proposed class actions alleging the home security company deceived consumers about the efficiency of its devices and their vulnerability to hacking, according to documents filed in California federal court on Thursday,

  • March 24, 2017

    Nephew’s Google Job Prompts Recusal In Confidentiality Row

    A California judge recused himself Friday from presiding over an anonymous Google employee's putative class action alleging the tech giant’s confidentiality policies violate whistleblower rights and state labor statutes, saying that his nephew works for Google Brain and could financially benefit from the case.

  • March 24, 2017

    Judge Won't Halt Mass. Ban On Secret Recordings

    A Massachusetts federal judge on Thursday declined to halt the state’s blanket ban on surreptitious recording but didn’t entirely toss a challenge to the statute either, saying a conservative provocateur journalist has standing to claim that the prohibition against recording private individuals violates the First Amendment.

  • March 24, 2017

    Manafort Will Talk To Congress On Russia Claims

    Paul Manafort, the former campaign manager for President Donald Trump, is willing to discuss his alleged links to Russia with the House Intelligence Committee, Chairman Devin Nunes, R-Calif., said Friday, as the committee’s top Democrat slammed Nunes for canceling a hearing regarding Russian interference with the presidential election.

  • March 24, 2017

    Arby's Faces Consumer Class Action Over Data Breach

    Arby’s Restaurant Group Inc. was slapped with a proposed class action in Georgia federal court Thursday alleging that the fast-food chain’s lacking data security measures left the door open for a breach that went undetected for nearly three months, leaving consumers’ information compromised.

  • March 23, 2017

    Ill. Announces Security Plan For Aging Tech Infrastructure

    Gov. Bruce Rauner this week unveiled a statewide cybersecurity strategy that he said would eliminate the "patchwork" of tech policies in Illinois' 62 state agencies, and aim to make state's cyber infrastructure safer and more hack-resistant.

  • March 23, 2017

    Senate Votes To Undo FCC's Broadband Privacy Rules

    The U.S. Senate on Thursday passed a resolution to repeal broadband privacy rules issued by the Federal Communications Commission last year, leaving the fate of the hotly contested measure in the hands of the U.S. House of Representatives.

  • March 23, 2017

    FCC Advances Plan Targeting Illegal Robocalls

    The Federal Communications Commission on Thursday agreed to float a proposal at an active meeting, which would allow certain carrier call-blocking to limit unlawful robocalls, with the FCC chief touting it after the meeting as part of his “fast start” as chairman.

  • March 23, 2017

    Pillsbury Hires Ex-Greenberg Traurig Litigator In Calif.

    Pillsbury Winthrop Shaw Pittman LLP announced Thursday that a former Greenberg Traurig LLP litigator is joining its Silicon Valley office, bolstering its offerings with his experience representing technology and cyber-focused companies and focusing on matters like securities litigation and data security.

  • March 23, 2017

    Calif. Toll System Doesn't Violate Drivers' Privacy, Court Told

    The operators of a cashless toll system in Orange County, California, told a federal judge that state laws authorize toll agencies to use driver information to collect unpaid tolls, slamming a proposed class of drivers claiming the practice violates their privacy.

  • March 23, 2017

    EPA Sued Over Employees' Use Of Encrypted Messaging App

    The government oversight nonprofit Cause of Action Institute has filed a lawsuit against the U.S. Environmental Protection Agency in D.C. federal court over the alleged use of an encryption messaging service by some agency employees to discuss President Donald Trump’s intended policy changes.

  • March 23, 2017

    Text Recipient Has Standing For TCPA Suit, Judge Says

    A Florida federal judge held Wednesday that a man accusing used-car dealer Off Lease Only Inc. of violating the Telephone Consumer Protection Act with unsolicited texts and calls has standing for his proposed class action, saying he alleged a sufficient injury under the U.S. Supreme Court’s landmark Spokeo decision.

  • March 23, 2017

    Orbital ATK Sued Over Proprietary Space Tech Data Breach

    A National Aeronautics and Space Administration robotics and satellite technology contractor says that Orbital ATK Inc. employees accessed at least four highly sensitive documents containing proprietary data on a NASA server, and it filed a lawsuit in Virginia federal court Wednesday to try to mitigate the damage.

  • March 23, 2017

    Judge OKs Subway’s Record $31M FACTA Settlement

    A Florida federal judge has signed off on the largest settlement in the history of the Fair and Accurate Credit Transactions Act, a nearly $31 million deal between Subway and a class of consumers alleging the sandwich chain unlawfully printed full credit card expiration dates on receipts.

  • March 23, 2017

    $3B Tax Fraud Whistleblower Can Stay Anonymous For Now

    The U.S. Tax Court granted provisional anonymity to a whistleblower claiming a taxpayer avoided more than $3 billion in tax liability in a Wednesday decision in an otherwise sealed case.

Expert Analysis

  • Challenging Personal Jurisdiction In Online Conduct Cases

    Blaine C. Kimrey

    A discussion of personal jurisdiction is conspicuously absent from an Illinois federal judge's recent opinion in Rivera v. Google. However, it seems that a company like Google could rely on past Seventh Circuit and U.S. Supreme Court decisions to dispute personal jurisdiction when there are no contacts between the defendant and the forum state, other than those created by the plaintiffs, say Blaine Kimrey and Bryan Clark of Vedder Price PC.

  • How Past And Present Aerial Photography Can Make The Case

    David Ruiz

    Many cases hinge on visual evidence. And aerial photography can play a key role, showing how geographic features or buildings looked in the past or have changed over time. Legal teams should be aware of the aerial photography resources available and the impact technological advances in the field may have on helping prove their case, says David Ruiz of Quantum Spatial Inc.

  • 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)