LexisNexis® Legal Newsroom
Troutman Sanders LLP: Can Content-Based Communications Located Overseas Be Reached Via The Stored Communications Act?

In an oral ruling from the bench, Judge Lorraine Preska of the Southern District of New York recently affirmed Magistrate Judge James Francis IV’s April 25, 2014 decision – Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft Corporation , (S.D.N.Y...

Which Regime Offers More Actual Privacy -- US or EU?

by David Bender Excerpt: Introduction . For decades the conventional wisdom has been that actual privacy levels are higher in the EU than in the US, a proposition that many, even in the US, seem to accept as Gospel. This bit of conventional wisdom bears scrutiny. The EU adopted a Data Protection...

Ballard Spahr LLP: Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

By the Consumer Financial Services Group A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat class actions brought under...

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Laws Can Have Significant Implications

By Roger D. Winston, Shelah F. Lynn, Timothy P. Martin and Katherine M. Noonan A decision by the District of Columbia Court of Appeals emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in jurisdictions with consumer protection...

Norton Rose Fulbright: Congress on Cybersecurity: Recent Bill Limits Liability

By Gerard G. Pecht , Peter A. Stokes , Mark Thomas Oakes , Utsav Mathur and Geraldine W. Young In the days leading up to its August 2014 recess, the U.S. House of Representatives passed a number of bills aimed at strengthening cybersecurity. Those measures include H.R. 3696—known as the National...

FDCPA Is Violated When Consumer’s Account Number Is Visible through Window of Debt Collector’s Envelope, Third Circuit Holds

In a precedential opinion rendered last week, the U.S. Court of Appeals for the Third Circuit held that the disclosure of a consumer’s account number through the transparent window of a debt collector’s envelope violates Section 1692f(8) of the federal Fair Debt Collection Practices Act ...

DLA Piper Legal Alert: Important Changes to Russian Data Protection Laws

By Michael Malloy and Pavel Arievich Russian President Vladimir Putin has signed a new law amending the Law on Data Protection and Law on Information. The law requires all personal data operators – subject to few exceptions – to store and process any personal data of Russian individuals within...

Foley & Lardner LLP: Privacy Issues in the Sharing of Genetic Information

By Antoinette F. Konski Low cost sequencing of a patient’s genome and advances in the interpretation of a patient’s genetic information is promised to transform the delivery of health care. To date, much of personalized medicine has focused on the use of genetics and data analytics to...

State Net Capitol Journal: State Websites Increasingly Subject To Cyberattacks

States are dealing with a growing number of cyberattacks, according to a new report from the National Association of State Chief Information Officers (NASCIO) and the consulting firm Deloitte & Touche LLP, and sponsored by the U.S. Department of Homeland Security. "We see attacks on Texas'...

DLA Piper: Effective Cybersecurity: 8 Questions for You and Your Team

By: Jim Halpert Cybersecurity has become a top-tier risk for US and multinational organizations. It is only a matter of time before a determined hacker will penetrate your organization’s system and successfully exfiltrate some data. (Indeed, this has most likely already happened, even if you...

Williams Mullen: Cybersecurity -- Mitigating the Legal Risks of On-Line Banking With Business Customers

By Robert D. Perrow and & J.P. McGuire Boyd Jr. On-line or electronic banking (“e-banking”) offers many well-known advantages to financial institutions engaged in banking and to their business customers. A significant risk of on-line bank accounts for both financial institutions and...

DLA Piper: FCC Approves Order On 21 Pending Petitions Seeking Clarification Of The TCPA: Key Points

By Lesli C. Esposito and John D. Huh In a vote of three to two, with voting falling along political party lines, the Federal Communications Commission approved an order addressing 21 pending petitions seeking clarifications of various aspects of the Telephone Consumer Protection Act (TCPA or Do-Not...

Williams Mullen: Cybersecurity Standards Apply To Thee, Not Me

By J.P. McGuire Boyd, Jr. & Robert C. Van Arnam “If there is anyone to blame, it is the perpetrators,” said Katherine Archuleta, Director of the federal Office of Personnel Management (“OPM”), to a Senate panel investigating the causes of the recent OPM cyberattack. During...

Got a Data Breach? Call a Cyber Lawyer First!

By Richard J. Bortnick of Traub Lieberman Straus & Shrewsberry LLP Data breaches don’t care about how mighty your organization is. Whether your company is Fortune 500®, middle-market or even a mom and pop, you’re at risk of a breach. It doesn’t matter whether the intrusion...

DLA Piper LLP: Russia’s Data Localization Requirement Will Take Effect Sept. 1

By Michael Malloy and Pavel Arievich Russia’s much publicized changes to its data protection rules come into force as of September 1, 2015. These changes are broadly, and vaguely, written and apply to almost anyone handling the personal data of Russian citizens, whether one is located in...

Peter S. Vogel: NO EVIDENCE That ‘Personal Information Was Ever Transmitted,’ So Google Wins Privacy Lawsuit!

By Peter S. Vogel Android users lost their lawsuit claiming that Google “violated its own privacy policy by disclosing their names, email addresses and account locations to third parties without permission, to boost advertising revenue” according to Reuters . On July 15, 2015 U.S. Magistrate...

Ballard Spahr LLP: DOJ Cracks Down on Cyber Criminals

The Department of Justice (DOJ) recently announced the largest coordinated international law enforcement effort ever directed at an online cyber-criminal forum. Financial institutions and other companies should consider whether to incorporate some of the lessons learned from the DOJ’s Operation...

Peter S. Vogel: Bad News- You’re Not Entitled to Privacy When You Make A ‘Butt Call’!

By Peter S. Vogel A court ruled that there is no privacy to people who make “butt calls” and particularly when the party making the “butt call” admitted “that he was aware of the risk of making inadvertent pocket-dial calls and had previously made such calls on his cellphone...

Peter S. Vogel: HIPAA Violation From Cyberattack That Exposes 4.5 Million Patients At UCLA Health?

By Peter S. Vogel In July 2011 UCLA Health settled HIPAA violation, paid a fine of $865,000 , and “committed to a corrective action plan aimed at remedying gaps in its compliance with the rules,” but they were not prepared for a 2014 cyberattack because of July 17, 2015 UCLA issued a press...

Peter S. Vogel: EU Demands That Google’s ‘Right To Be Forgotten’ To Be Worldwide Searches, Not Just In The EU

By Peter S. Vogel Google is fighting a June 2015 order from the French CNIL (Commission nationale de l’informatique et des libertés) that ordered Google to “delist links not just from all European versions of Search but also from all versions globally.” Google’s Global...

Peter S. Vogel: Legal Departments Cause Lots of Cyberintrusions by Opening Too Much Phish!

By Peter S. Vogel Verizon’s 2015 Data Breach Investigations Repor t identified that the legal, communications, and customer service departments “were far more likely to actually open an e-mail than all other departments.” My blog entitled “ Phishing and Malware Cyberattacks...

DLA Piper LLP: Wire Transfer Phishing – An Old Scam Returns: Simple Steps To Protect Your Organization

By Tara McGraw Swaminatha and Christopher Scott Companies around the world are seeing the resurgence of an old scam: wire transfer phishing attacks that trick employees into wiring money from company bank accounts to criminals’ bank accounts. Over the past several months, many companies have...

State Net Capitol Journal: States And Congress Differ On Security-Breach Regulation

By Korey Clark Nearly every state in the country has passed a law requiring private or government entities to notify individuals about security breaches involving their personal information. And states have been toughening those laws in recent years. But cybersecurity legislation pending in Congress...

Ballard Spahr LLP: California, Nevada Expand Scope of Customer Personal Information Subject to Reasonable Security Measures

Recent statutory amendments passed in California and Nevada expanding the definition of “personal information” will significantly impact the security measures businesses operating in these states must implement when handling personal information of customers residing there. California...

Troutman Sanders LLP: Criminalization of Robocalls?

U.S. Senator Chuck Schumer (D. N.Y.) has introduced a bill that would criminalize the act of knowingly initiating a commercial robocall without the prior express written consent of the recipient. The bill, S. 1681, defines a “commercial robocall” as a telephone call made for the purpose...