News & Analysis as of

Cell Phones

Companies today need to routinely assess their wireless network connectivity options related to their products and overall...

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells partner Trey Hanbury talks about the need for wireless carriers to broaden their offerings to meet the demands of an increasing number of niche markets. At the same time,...more

TCPA Update: Courts Deliver Mixed Bag on Customer Consent and Call Outsourcing

by Baker Donelson on

Having increased in number each of the past seven years, lawsuits alleging violations of the Telephone Consumer Protection Act of 1991 (TCPA) continue to plague the consumer finance industry. As should be expected with an...more

Court Lays Out Guidance For Ensuring Hourly Workers Are Paid For Off-Duty Work

by SmithAmundsen LLC on

Addressing an employment issue of interest in an increasingly digital world, the Seventh Circuit Court of Appeals (which has jurisdiction over lower federal courts in Illinois, Indiana, and Wisconsin­­) recently upheld a...more

Seventh Circuit case demonstrates value of good time reporting procedures

by McAfee & Taft on

Police officers in the Chicago Police Department claimed in a recent case that they were not compensated for work they performed on their mobile electronic devices — specifically, their BlackBerrys — while off-duty. A total...more

Recording Conversations with Your Cellphone: with Great Power Comes Potential Legal Liability

by Varnum LLP on

In the cellphone age, nearly everyone walks around with a multi-tasking recording device in their pocket or purse, and it comes in handy for many of our modern problems: Your dog suddenly started doing something adorable?...more

Cybersecurity Best Practices

by Seyfarth Shaw LLP on

When you bring to mind someone “hacking” a computer one of the images that likely comes up is a screen of complex code designed to crack through your security technology. Whereas there is a technological element to every...more

SIM Swap Scams Targeting Cryptocurrency Investors

by Revision Legal on

SIM swap scams are nothing new. Telecommunications providers such as Verizon, AT&T, T-Mobile, and Sprint have been aware for over ten years that unauthorized third parties regularly attempt to obtain access to customer...more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

by Exterro, Inc. on

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that...more

WEB EXCLUSIVE: Should Employees Receive Compensation For Off-The-Clock Cell Phone Use?

by Fisher Phillips on

You might hate to admit it, but it’s true: mobile devices are the adult version of a toddler’s teddy bear. They give us comfort and a sense of belonging. We carry them everywhere and traveling without them makes us feel like...more

Seventh Circuit Affirms Judgment Against Class in Off-Duty BlackBerry Use Case

by BakerHostetler on

There certainly has been no shortage of publicity about the potential for wage and hour claims for time spent by hourly employees using smartphones or other electronic devices for work while off duty. Many employers have...more

You can’t be forced to provide a cell phone PIN number, Massachusetts court says.

A Massachusets court recently held that a defendant cannot be compelled to provide a cell phone PIN number to a cell phone that is seized in an arrest, because doing so would be self-incriminating. In Commonwealth v. Jones,...more

Privacy Tip #103 – Smartphone Replacement Parts Subject to Hacking

You drop your smartphone and now there are a million cracks and you can hardly read your texts. Getting the screen replaced by the manufacturer of the phone is usually expensive and sometimes it is so expensive that it makes...more

Debt Collector Not Liable Under the TCPA for Post-Revocation Calls Made On Behalf of a Different Creditor

by Reed Smith on

In an important decision for the collection industry, the court in Michel v. Credit Protection Ass’n L.P., No. 14-cv-8452, 2017 WL 3620809 (N.D. Ill. Aug. 23, 2017), refused to find a debt collection company liable under the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Chevron CEO John Watson is out in a move that leaves the energy giant without a board-confirmed successor and marks the “dramatic shift under way at big oil companies as they adapt to a prolonged period of lower prices...more

Eleventh Circuit Rules that Consumers Have the Right to Partially Revoke Consent to Automated Calls under the TCPA

by Blank Rome LLP on

The Eleventh Circuit Court of Appeals recently issued its opinion in Emily Schweitzer v. Comenity Bank, holding that the Telephone Consumer Protection Act, 47 U.S.C. sec. 227 et seq. (“TCPA”), allows consumers to partially...more

The Carpenter Case and Other Privacy-Related News

by Revision Legal on

As we discussed in the last few weeks, privacy is repeatedly in the news. Washington lawmakers are trying again to update the Electronic Communications Privacy Act, the Stored Communications Act (the “SCA”), and the Pen...more

Eleventh Circuit Allows Partial Revocation of Consent under TCPA with Class and Contractual Consent Implications

by Balch & Bingham LLP on

Last week, in Schweitzer v. Comenity Bank, the Eleventh Circuit held that a consumer can partially revoke consent to be called under the Telephone Consumer Protection Act (TCPA). Schweitzer gave her cell phone number when...more

City Of Chicago Not Liable For Police Officers’ After-Hours Smartphone Use, Seventh Circuit Affirms

by Jackson Lewis P.C. on

The City of Chicago lacked either actual or constructive knowledge that members of the Chicago Police Department were performing after-hours work on their smartphones, the Seventh Circuit Court of Appeals has ruled, affirming...more

Use of Text Messaging Should Change the Nature of Evidence Gathering in Internal Investigations

It doesn’t take a millennial to know that these days not all pertinent business-related communications are to be found on corporate e-mail servers. As we have increasingly seen in recent internal investigations, the most...more

Are Your Employees’ Personal Phone Numbers “Available” to You?

by Miles & Stockbridge P.C. on

In April of 2015, the National Labor Relations Board (“NLRB”) issued its new Election Rule (“Rule”) governing representation case procedures. The NLRB recently construed a portion of the Rule in a way which will make it more...more

Qualcomm Loses Bid to Dismiss FTC’s Chip Monopoly Suit

Last Monday, the court denied Qualcomm, Inc.’s motion to dismiss the Federal Trade Commission’s suit against it for allegedly using anticompetitive tactics to maintain a monopoly in baseband modem chips for cell phones. ...more

Privacy Perils: Don't "Play" Around with Some Google Apps

by Bass, Berry & Sims PLC on

A group of researchers at the University of Michigan has discovered that hundreds of applications in Google Play, whose function is to turn Android phones into a server that allows the user to connect their phone directly to...more

The “Third Party” Catch-22

by Ifrah PLLC on

As the Department of Justice has been doubling down on law enforcement overreach, the Supreme Court has just decided to hear a case that may limit the use of a common tool that law enforcement uses to infringe upon the...more

To Search A Supervisor’s Phone Or To Not Search A Supervisor’s Phone? That Is The Question

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 7, 2017, the Board held that in order to comply with the Board’s Election Rules, an employer may need to search the phones of supervisors to identify the phone numbers of eligible voters, even if...more

Data Privacy + Cybersecurity Insider - June 2017

by Robinson & Cole LLP on

The American Institute of CPAs (AICPA), has released a risk management reporting framework intended to "establish a common, underlying language for Cybersecurity risk management reporting — almost akin to US GAAP or IFRS...more

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Cybersecurity

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