Anonymous hackers having exposed customer data from a much-hyped adultery website, “class-action attorneys are currently following the Ashley Madison blood trail in hopes of winning a monetary payday for themselves and the site’s millions of members. In the last week, the Rosen Law Firm of New York began an outright solicitation for Ashley Madison users to join a prospective privacy and consumer fraud suit against the Ashley Madison site.” [David Kravets, ArsTechnica]
A group of privacy advocates is suing the city of Seattle, arguing that having garbage collectors look through people’s trash — to make sure food scraps aren’t going into the garbage — “violates privacy rights on a massive scale.”
“A person has a legitimate expectation that the contents of his or her garbage cans will remain private and free from government inspection,” argues the lawsuit filed [last] Thursday in King County Superior Court by the Pacific Legal Foundation.
I joined host Ray Dunaway yesterday on Hartford’s WTIC 1080 to discuss the OPM hack (earlier on which) and schemes to extend federal regulatory control over private data security. You can listen here.
And from yesterday’s House hearing on the subject: “OPM chief ducks blame for data breach, pins it on ‘whole of government'” [Washington Examiner]
“…Still Say We Should Give Them Cybersecurity Powers” The spectacular breach of Office of Personnel Management records, which exposed to China-based hackers information on every federal employee as well as the obviously sensitive contents of security clearance applications, was revealed when a vendor of security services was allowed to do a sales presentation on the federal network in question and discovered the already-exploited vulnerability. But of course the feds will be totally competent in prescribing practice to the private sector, right? [Mike Masnick, TechDirt] Earlier on regulation of private-sector electronic security here, here, etc. Related: W$J (DHS couldn’t move to secure networks without engaging in collective bargaining first). Related: pending bills “authorize government to impose data retention mandate on private businesses”
- Alan Dershowitz, Harvard lawprof, suing TD Garden over slip and fall in bathroom three years back [Boston Globe]
- “Harsh Sanction Proposed For Attorney Who Blogged About Probate Case” [Mike Frisch, Legal Profession Blog]
- Maryland veto sets back reform: “Governor Hogan, Civil Asset Forfeiture Is Inherently Abusive” [Adam Bates, Cato]
- “‘Vape’ bans have little to do with public health” [Jacob Grier, Oregonian in February]
- Academics prosper through expert witness work, part one zillion [Ira Stoll]
- Sounds good: call for civil procedure reform includes fact-based pleading, strict discovery limits, case-specific rules, and more [Jordy Singer, Prawfs, on recommendations from American College of Trial Lawyers Task Force on Discovery and Civil Justice and Institute for the Advancement of the American Legal System]
- Draft plan would arm FTC with vast power over data practices [James C. Cooper, Morning Consult, via @geoffmanne]
- NLRB to brass: please don’t sell workplace data to telemarketers or use it to “harass” or “rob” employees [Joe Perticone, IJ Review]
- “Direct evidence must … wait for it … exist to matter in a discrimination case” [Jon Hyman on Butler v. Lubrizol, Ohio Court of Appeals]
- “Cries of ‘blacklisting’ as administration cracks down on contractors” [Lydia Wheeler/The Hill, Connor Wolf/Daily Caller, Public Citizen (supportive; proposals also attack pre-dispute arbitration), earlier here and here]
- Fast food: “The fix is in on Cuomo’s wage-fixing panel” [Ashley Pratte, Washington Examiner; Diana Furchtgott-Roth, Economics 21]
- Another perspective on working in a nail salon [Tyler Cowen, earlier pushback on New York Times investigation]
- Annals of “wage theft”: hired Ferguson protesters say they’ve been stiffed out of pay promised by ACORN successor [American Thinker]
- “Can [an Employer] Lawfully Prohibit Secret Recordings in the Workplace?” [Jarad Lucan, Connecticut School Law]
I’ve got a new post at Cato summarizing dramatic new testimony in the case (briefly noted here last year) of a laboratory company that got reported to the Federal Trade Commission for data breach — and drawn into a crushingly expensive legal battle — after it declined to buy data security services offered by a company with Homeland Security contracts. The battle has been raging for a while, with the nonprofit Washington, D.C. group Cause of Action representing LabMD and outlets like Mother Jones running coverage unsympathetic to its case.
If you’re Seattle, you put it on YouTube [Tyler Cowen]
- Mach Mining v. EEOC: unanimous SCOTUS, Kagan writing, agrees courts can hold EEOC to legal duty of pretrial conciliation, but prescribes narrower review than employer asked, with no commission duty of good-faith negotiation [Maatman et al; earlier on case here, here, and here; earlier from me on EEOC record of frequent losses in court]
- New “ambush election” rules: “Your Privacy Has Just Been Compromised, Thanks To Obama’s NLRB” [Labor Union Report]
- U.K. controversy parallels ours: “Banning unpaid internships will harm, not help, the disadvantaged” [Andrew Lilico, IEA]
- “U.S. signed agreement with Mexico to teach immigrants to unionize” [Sean Higgins, Washington Examiner]
- Another view on bias-law “Utah compromise” [Dana Beyer, Huffington Post; my critical view]
- Advice to employers: “OSHA is not your friend. It is not there to give you an atta-boy on workplace safety. It is there to find violations and levy fines to make money for OSHA.” [Jon Hyman]
- “CA: Failing to Pay Prevailing Wages May Be Intentional Interference with Prospective Economic Advantage” affording competitors a cause of action [Garret Murai via TortsProf]
The Target Corporation’s settlement of class action litigation over a major consumer data security breach is not as groundbreaking as all that, and in particular falls far short of the enormous liability payouts that were being talked of for a while [Paul Karlsgodt; Minnesota Public Radio] It does however feature attorney’s fee payouts “not to exceed $6.75 million, which is on the high end of the historical range” [Paul Bond, Lisa Kim, and Christine Czuprynski, Reed Smith] Earlier here. More: Randy Maniloff, Minneapolis Star-Tribune.