Recent Posts

Last week, the U.S. Supreme Court denied certiorari in a case challenging New Jersey’s wiretapping law, keeping in place the New Jersey Supreme Court’s ruling which, like all courts to have confronted the issue, allows law enforcement to intercept phone calls that occur completely out-of-state. The US Supreme Court’s decision not to review the case...

Read More →

Earlier this month, a three-judge panel of the Ninth Circuit Court of Appeals heard oral arguments for In re: National Security Letter v. Holder, on appeal after the United States District Court for the Northern District of California ruled that the nondisclosure provision of 18 U.S.C. § 2709, the statute authorizing the FBI to serve...

Read More →

Recently, Home Depot moved to dismiss one of the more than a dozen class action lawsuits filed against it following a revelation last month that its payment data system was breached. Home Depot’s motion illustrates many of the common arguments companies suffering breaches make when responding to the inevitable subsequent lawsuits. The lawsuit, filed by...

Read More →

Friday, November 7, 2014 – 1:00 – 2:00 pm EST Presenters: Stacey Brandenburg & Marc Zwillinger from ZwillGen & Maurice Liddell from UHY Announcements of newly discovered data breaches occur almost monthly. Although falling prey to a breach can seem unavoidable, there are steps you can take to reduce that likelihood and to show your customers, regulators, and would-be...

Read More →

In an unprecedented coordinated effort, the Federal Trade Commission, the Federal Communications Commission, and 51 State Attorneys General announced a joint action against AT&T Mobility, LLC (“AT&T”) for $105 million. The regulators alleged that AT&T engaged in an illegal practice called “mobile cramming,” where it permitted third-party vendors or service providers to place unauthorized monthly...

Read More →

California amended its data breach notification law at the end of September, placing new requirements on companies offering identity theft prevention and mitigation services to those affected by data breaches. Additionally, the amendment prohibits the sale or release of social security numbers except for limited purposes. Under California’s data breach law, any company that does...

Read More →

In a recent opinion, Jane Doe No. 14 v. Internet Brands Inc., the Ninth Circuit decided that Section 230 of the Communications Decency Act (CDA) does not preclude liability for a website operator that failed to warn users about known threats posed by third parties who contacted users through the website. ModelMayhem.com is a networking...

Read More →

The Federal Trade Commission (FTC) held a public workshop, “Big Data: A Tool for Inclusion or Exclusion,” on September 15, where participants acknowledged the many benefits of Big Data, while also recognizing the potential for harm. FTC Chairwoman Edith Ramirez voiced concern about “discrimination by algorithm,” where a system for grouping consumers may be inadvertently...

Read More →
Photo by r2hox from Flickr

Highlights from the Newly Declassified FISCR Documents

Sep 15, 2014 by Marc Zwillinger and Jacob Sommer

We are proud to say that we were the lawyers who represented Yahoo in its historic challenge to the government’s surveillance program in the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Court of Review (FISCR) and its efforts over the past year to get the over 1,500 pages of filings released last Thursday to...

Read More →

ZwillGen has added another experienced attorney to its team, welcoming Katherine Robison, formerly counsel at O’Melveny & Myers LLP, to its San Francisco office. Katherine will bring 12 years of experience in all stages of the litigation process, including motions practice, trial preparation, and mediation. After making the move, Katherine will work with ZwillGen clients...

Read More →