Last week, the increased focus of national data protection authorities on the processing of personal data through mobile apps was again confirmed in an open letter from a group of data protection authorities.
Some lawyers are best-served beavering away in the firm where they have worked since law school. For most legal careers, though, there come inflection points where a change of job can open a whole new world of opportunity. Recognizing whether your career has reached such an inflection point, and then knowing whom to trust to help […]
The Day After: There are still a few undecided races but we know that Republicans will control the House and the Senate in the next session of Congress. This may provide an opportunity for more bipartisan legislation in the financial services area. There is reason to hope that Congress will be able to pass legislation that President Obama will sign that could soften some of the hard edges of the Dodd-Frank Act, such as the effect of regulations intended for large banks on small and regional banks, the application of SIFI rules to insurance companies, the regulation of end-users of derivatives, the broad definition of municipal advisor and the required disclosure of the origin of conflict minerals. In addition, the SEC may now adopt, pare back or drop some proposals that have been on hold, like the crowdfunding rules, amendments to Rule 506 and Form D, and fiduciary standards for brokers. Whatever happens, we’ll be here to cover it.
Significant Case Developments
P.F. Chang’s Seeks Dismissal of Data Breach Class Actions, Arguing the Existence of an Express Contract and Lack of Damages Preclude Claims
Lewert v. P.F. Chang’s China Bistro, Inc., No. 1:14-cv-04787 (N.D. Ill.).
As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases, now consolidated in the Northern District of Illinois. In their complaints, plaintiffs John Lewert and Lucas Kosner alleged that by failing to safeguard customer information, P.F. Chang’s breached an implied contract and violated consumer protection laws. The plaintiffs did not bring a breach of express contract claim. P.F. Chang’s argues that the plaintiffs acknowledge the existence of an express contract by alleging that “a portion of the services [they] purchased” at P.F. Chang’s was “compliance with industry-standard measures” for data security and that they were “deprived of the full monetary value of [their] transaction.”
* Who needs a Declaration of Internet Freedom when the government supports protesting citizens who go buckwild in the streets? The European Union voted against ratification of the Anti-Counterfeiting Trade Agreement. [Associated Press]
* Kenneth Schneider, the former Debevoise & Plimpton associate serving a 15-year sentence for forcing a Russian teenager to be his sex slave, was suspended from practice pending further disciplinary proceedings. [New York Law Journal]
* Glenn Mulcaire, the investigator who intercepted voicemail messages on behalf of News of the World, lost a bid to remain silent about who commissioned his services. Rupert’s gonna be sooo pissed. [New York Times]
* Congratulations to the team from the University of Chicago Law School that won the United States Supreme Court Prediction Competition. They won $5K for betting on their Con Law nerd-dom. [SCOTUS Competition]
* Judge Kenneth Lester Jr. is expected to rule on George Zimmerman’s motion for bond today, and perhaps he won’t be so quick to forget that the defendant already lied to the court to get out of jail. [Orlando Sentinel]
* “You can’t just arbitrarily add anything you want to a sentence.” Well, it looks like you can, because in addition to jail time, a judge in South Carolina tacked on a Biblical book report to this woman’s sentence. [Daily Mail]
To qualify as a lawyer in the U.K., you first have to eat 12 dinners. Seriously. OK, it’s only barristers (British trial lawyers) who must meet this requirement. And they have to pass legal exams as well as eat. But the essence of my slightly sensationalised opening sentence is true: no dinners, no qualification. Here’s […]
Isn’t it annoying when the YouTube video you’re watching just stops loading right in the middle? Or when your Skype connection suddenly starts sucking in the middle of a video conversation? Well, it turns out that in Europe, sometimes stuff like that doesn’t happen accidentally. Internet Service Providers intentionally “throttle” certain kinds of web traffic. […]