Recent Posts

A California appellate court has rejected Google’s contention that the Stored Communications Act provides a blanket exemption or immunity on service providers against compulsory civil discovery process. A ship manufacturer, Navalimpianti USA Inc., sued Matteo Negro, a former employee, for breach of duty in Florida State Court. After several failed attempts to compel Negro to...

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Earlier this week, Papa John’s dropped its appeal of a lower court decision finding that AIG Affiliates, National Union Fire Insurance Co. and American Home Insurance Co., did not have a duty to defend or indemnify the pizza chain against two underlying privacy suits. The dispute concerned Papa John’s demand for coverage for two lawsuits...

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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...

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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...

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In the first part of a series of articles related to domain security, Amy Mushahwar updates clients on the reported security vulnerabilities and consumer confusion occurring in the newly-delegated domain space. Amy gives an overview of the name collisions, incidents of phishing/malware and consumer confusion cropping up within these domains. She also describes the warning...

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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...

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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...

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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...

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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...

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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...

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