• April 21, 2017

    FTC Wants Input On TRUSTe's Tweaks To COPPA Safe Harbor

    The Federal Trade Commission is seeking the public's input on changes that TRUSTe wants to make to its safe harbor program under the Children's Online Privacy Protection Act, including an amendment that would require participants to conduct an annual internal assessment of third parties’ data collection practices.

  • April 21, 2017

    Debt Agency Can't Thwart Class Cert. In Unfair-Collection Suit

    An Illinois federal judge on Friday granted class certification to a woman suing a debt collection agency she says illegally failed to disclose key information in collection letters, tossing arguments by Midland Credit Management that the woman lacked standing.

  • April 21, 2017

    Russian Legislator's Son Gets 27 Years In Credit Card Scam

    The son of a Russian lawmaker was sentenced in Seattle to 27 years in prison and ordered to pay back the $169 million he stole by hacking into retailers’ systems and stealing credit card data, according to an order on Friday.

  • April 21, 2017

    Pediatric Medical Practice Settles HHS' HIPAA Charges

    An Illinois pediatric digestive health practice has settled alleged Health Insurance Portability and Accountability Act violations stemming from the disclosure of more than 10,000 patients’ health information to a document-storage company without securing assurances that the data would be safeguarded, the U.S. Department of Health and Human Services announced Thursday.

  • April 21, 2017

    Hacking Is Still Top Security Threat: BakerHostetler Report

    For the second year running, a BakerHostetler analysis ranked hacking among the leading causes of clients’ data security incidents, highlighting the importance of taking companywide steps to address intrusions before they occur and making sure everyone from executives to frontline employees knows the risks, according to a recent report.

  • April 21, 2017

    Foreign Surveillance Court Approves 1,700 Warrants In 2016

    The secretive federal court responsible for approving foreign surveillance requests either fully or partially denied 35 surveillance applications in 2016, while approving a little more than 1,700 applications, according to a report issued Thursday.

  • April 21, 2017

    Lifelock Investors Take FTC Compliance Suit To 9th Circ.

    Lifelock Inc. investors urged a Ninth Circuit panel Friday to revive their putative securities class action alleging the identity theft protection company lied about its compliance with a Federal Trade Commission false advertising order, arguing a lower court judge wrongly inferred facts when she found its statements weren’t misleading.

  • April 21, 2017

    9th Circ. Standing Ruling Saves Axed TCPA Suit, Judge Says

    A California federal judge Friday reversed his decision to toss a putative class action accusing a car dealership and its marketing partner of violating the Telephone Consumer Protection Act by pestering consumers with automated calls, ruling that a recent Ninth Circuit ruling upended his determination that the plaintiffs didn’t have standing.

  • April 21, 2017

    LexisNexis Provided Outdated Info To Lender, FCRA Suit Says

    A Virginia consumer has launched a proposed federal class action accusing a LexisNexis subsidiary of furnishing to Capital One a consumer report that contained outdated bankruptcy information in violation of the Fair Credit Reporting Act, which resulted in the denial of a home equity loan.

  • April 21, 2017

    Nat'l Intel Chief Urges Congress To Reauthorize Spy Powers

    The Office of the Director of National Intelligence is pushing Congress to take action on reauthorizing the FISA Amendments Act, telling lawmakers in a 10-page fact sheet the law is crucial to national security.

  • April 21, 2017

    Cert. Sought In Fight Over GoDaddy's Microsoft Office Sales

    A business legal services provider asked an Arizona federal judge Thursday for class certification in litigation accusing domain registrar and web hosting company of selling Microsoft Office products lacking certain features, saying every class member has exactly the same grievance.

  • April 20, 2017

    Judge OKs $25M TCPA Deal Over Health Service Faxes

    A California federal judge has granted preliminary approval to a $25 million settlement between a health care consulting group and a health care provider in a proposed class action claiming the consulting group sent unsolicited junk faxes promoting various health services, in violation of the Telephone Consumer Protection Act.

  • April 20, 2017

    'Culture Shift' Driving NSA, CIA, FBI To Be More Open

    The National Security Agency, Central Intelligence Agency and FBI are working to buck a longstanding culture of secrecy and are striving to share more information with the public about their data surveillance practices and accompanying privacy safeguards, agency officials said Thursday.

  • April 20, 2017

    Auto Parts Co., Class Near $3.3M Deal In Junk Fax Suit

    A building supply company at the head of a class action asked an Illinois federal court Thursday to approve a roughly $3.3 million settlement resolving its claims that LKQ Corp. sent unsolicited fax ads, saying the deal is a great result considering the uncertainty these sorts of claims face following a recent D.C. Circuit decision.

  • April 20, 2017

    Facebook Users Fight To Stop Health Sites' Data Sharing

    A proposed class of Facebook users urged a California federal judge Thursday to block health websites from sharing individual users' browsing data with the social media giant, saying the data exchange is an invasion of privacy and “the internet isn’t going to break” if their request is granted.

  • April 20, 2017

    DHS Official Says Cyberthreat Info-Sharing Efforts Growing

    The U.S. Department of Homeland Security’s deputy director for privacy said Thursday that more than 100 companies in the health, finance and a range of other sectors are actively participating in a voluntary program established by Congress in 2015 that enables them to share and receive cyberthreat information from the government.

  • April 20, 2017

    Models Say Swingers Club Manager Can’t Leave Ad Suit

    More than two dozen models have asked a Florida federal court to reject a request by a Miami swingers club manager to drop her from their suit alleging their images were used in advertising for the venue without permission, asserting that she was just as culpable as her businesses.

  • April 20, 2017

    $56M Robocall Settlement Fee Objector Demands Own Fees

    The jockeying over attorneys' fees for a $56 million-plus TCPA settlement took a new turn Wednesday, when an objector to the original fee bid took partial credit for its subsequent slashing and said it now deserves its own fee award.

  • April 20, 2017

    Panel Says Judge, Not NJ Transit, To Redact Harassment Docs

    A state appeals panel Thursday ruled that a trial court judge must review and redact sexual harassment complaints against NJ Transit before they’re provided to a fired supervisor to potentially bolster her own case against the agency, citing the privacy concerns for the other potential victims.

  • April 20, 2017

    Google Must Give Gov't Overseas Data, Judge Says

    A California magistrate judge on Wednesday denied Google’s bid to slip a search warrant requesting certain user content stored overseas, holding that the tech giant must produce all responsive information that is retrievable from the United States, regardless of where it is stored.

Expert Analysis

  • How Employee Data Habits Can Increase Corporate Legal Risk

    David Horrigan

    In our daily work lives, we see a fair amount of anecdotal evidence indicating many of us engage in workplace behaviors that put our personal privacy and company data at risk. However, the results of a recent survey provide a more definitive look at how the era of big data for employees could lead to big risk for employers, says David Horrigan, e-discovery counsel at kCura LLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team


    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why Oregon Lawmakers Are Shielding Cannabis Buyers’ Data

    Kayla Matthews

    Oregon lawmakers have given new privacy protections to people buying cannabis in the state. While customers must still show identification to prove they are of legal age to buy the drug, dispensaries will no longer be able to permanently retain identifying data. The new bill pushes back against the Trump administration's hints of renewed enforcement of federal laws against marijuana, says Kayla Matthews.

  • Victory For 'Drone Slayer' Puts State Laws In Spotlight

    William O'Connor

    A Kentucky federal judge recently dismissed a lawsuit against a man who shot down a drone that he believed was flying over his own property in 2015. The ruling leaves open many questions concerning aerial trespass and federal authority, and may become more important as states and municipalities consider drone-related legislation, say attorneys from Morrison & Foerster LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Navigating Bid Protests Caused By DOD Cybersecurity Rules

    Robert Metzger

    The challenges faced by contractors in implementing new U.S. Department of Defense cybersecurity requirements are likely to result in adverse agency evaluations of proposals, which will form the basis for bid protests. Perceived defects in an awardee’s cybersecurity are also certain to be exploited by unsuccessful offerors seeking fodder for bid protests, say attorneys with Rogers Joseph O'Donnell PC.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.