Hackers

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.”

You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from his phone and posted online. You start thinking not if, but when, shareholders will discover this embarrassment, how much it will cost the company and what legal action to take.

* “Operas can get pretty gory. I should have put that in my brief.” In the upcoming Supreme Court term, it looks like law clerks will have to educate their justices about the intricacies of rap music’s sometimes violent lyrics. [National Law Journal]

* The pay gap between equity and non-equity Biglaw partners is growing wider and wider. According to recent survey, on average, equity partners are bringing home $633K more than non-equity partners each year. [Am Law Daily]

* Hackers are targeting Biglaw firms to acquire their clients’ important secrets. Unfortunately, no one is brave enough to step up to the plate and say their firm’s been hit — admitting that “could be an extinction-level event.” [Tribune-Review]

* Which Biglaw firms had the most satisfied summer associates this year? There was a big rankings shake-up at the top of the list this time around, and we’ll have more on this later today. [Am Law Daily]

* In the wake of the Ray Rice scandal, Adrian Peterson screwed up many of your fantasy football teams after he was indicted for hurting his child “with criminal negligence.” He’s now out on $15,000 bail. [CNN]

Glenn Beck is overreacting to a video game. Shocking.

Anna Gallegos adds a bit of context to the FTC's report on data brokers.

* Former top Pentagon lawyer Jeh Johnson previously told us he was done with public service, but when the president asks you to join the Cabinet, it’s kind of hard to say no. Plus this Paul Weiss partner is filthy rich, so he can secure our Homeland any day. [Washington Post]

* Earlier this year, Gibson Dunn appointed a seventh-year associate as the firm’s first ever global pro bono director. We wish her the very best of luck as she tries to make lawyers do work for free. That can be a really tough sell in Biglaw. [Am Law Daily]

* Law school rankings existed long before U.S. News was even conceived of, and they broke schools into two lists: those that matter, and those without the “slightest significance.” Sick burn. [National Law Journal]

* Arizona Law alumni really don’t need to worry themselves about the fact that the school’s servers were hacked. Come on, your credit couldn’t be much worse than it already is with all that debt. [KVOA News 4]

* Lady Gaga is nearing settlement with a disgruntled ex-employee, which is too bad, because we were dying to see her get on the stand. The dropping of F-bombs been fabulous. [New York Post]

Are computer hackers really the threat they're made out to be?

But which law? Here's a hint: it's the same one public document hacker Aaron Swartz allegedly violated.

Andrew Auernheimer receives 41-month prison sentence. It may be too severe, but Auernheimer was asking for it.

Why are so many major law firms' websites on the fritz this morning?

Last week, the hacker who became famous as the first person to “jailbreak” an iPhone was booked and charged with felony marijuana possession, police in Sierra Blanca, Texas, told Above the Law. Let's learn more about George Hotz, his brush with Texas justice, and the legally questionable drug-busting strategy employed by local law enforcement in Sierra Blanca...