The BLT: The Blog of Legal Times

After Target Breach, Senate Introduces Data Security Act

Sens. Tom Carper (D-Del.) and Roy Blunt (R-Mo.) are taking aim at retailers with new legislation intended to improve safeguards for consumer information, following recent revelations about data breaches at Target Corp. and Neiman Marcus Group Ltd.

The Data Security Act [PDF], which the bipartisan duo introduced Wednesday, would require companies that accept credit or debit card payments to have policies and procedures in place to protect consumer data from hackers and act on breaches when they occur. Under the bill, businesses would have to investigate breaches and work to secure the data targeted by hackers.

Companies also would have to tell their customers and federal authorities about any breaches. And if a breach involves at least 5,000 customers, businesses must notify credit-reporting agencies, too.

LinkedIn Adds In-House Lobbyist to Its Network

Pablo Chavez, a top Google Inc. official in Washington, D.C., is clicking over to LinkedIn Corp. Jan. 28 to serve as the social networking website's first in-house lobbyist in the nation's capital.

Chavez, director of public policy and government affairs at Google, is joining LinkedIn as its vice president of public policy, according to a tweet from his new company's chief executive officer, Jeff Weiner. Chavez was one of Google's first in-house lobbyists in Washington when he started at the Internet giant in 2006, according to congressional records. He previously was chief counsel to Sen. John McCain (R-Ariz.).

"We are excited to welcome Pablo to LinkedIn and know that his deep experience will be invaluable to us as we build our public policy presence," LinkedIn spokesman Hani Durzy said in a written statement.

FCC Locks In Head Cybersecurity Counsel

The Federal Communications Commission has secured senior Senate Intelligence Committee staffer Clete Johnson as its lead cybersecurity lawyer, FCC Chairman Tom Wheeler announced Friday.

Johnson, who was the panel's top staffer on financial intelligence matters and the cybersecurity point-person for Sen. Jay Rockefeller IV (D-W.Va.), will work on addressing communications-sector weaknesses and improving the industry's security as the FCC's chief counsel for cybersecurity. He will serve in the agency's Public Safety and Homeland Security Bureau.

"Clete Johnson's policy expertise and skills working with stakeholders in the public and private sectors will be a tremendous asset as the Commission continues its efforts to promote network reliability and address future security threats through multistakeholder processes," Wheeler said in a written statement.

The Morning Wrap

More Jobs: The legal industry in December picked up 800 jobs, The Am Law Daily reports.

Sharon Condolences: President Barack Obama and other U.S. leaders were cautious in the condolences they offered for former Israeli Prime Minister Ariel Sharon who died Saturday, POLITICO reports. Statements about Sharon have to be "tactful about using words like 'bold' and 'courageous,' so that nobody gets the feeling that this is a too-clever-by-half insinuation that we wish he were here today," said Washington Institute for Near East Studies senior fellow David Pollock.

Neiman Breach: Some customers of Neiman Marcus Group Ltd. had their payment card information stolen and fell victim to unauthorized purchases due to a cyber attack, The Associated Press reports. The luxury retailer confirmed the breach Saturday.

Obama Taps Chris Lu as Dept. of Labor's No. 2

Chris Lu, a former aide to President Barack Obama and onetime Sidley Austin lawyer, is the president's nominee for the No. 2 post at the U.S. Department of Labor, the White House announced Wednesday.

Obama intends to nominate Lu as the successor to Deputy Secretary of Labor Seth Harris, who is leaving the agency next week to be a distinguished scholar at the Cornell University School of Industrial and Labor Relations. Harris has served as the department's second in command since May 2009, and was the agency's acting head last year between the resignation of Secretary Hilda Solis in January 2013 and the swearing in of Secretary Thomas Perez in July.

"Honored by trust placed in me by President & @LaborSec," Lu tweeted. "Grateful to @MrSethHarris for his friendship and service. Very big shoes to fill."

Former FTC Commissioner Joins Baker & Hostetler

Norton Rose Fulbright lost former Federal Trade Commissioner Pamela Harbour to Baker & Hostetler, her new firm announced Wednesday.

Harbour, who served as an independent on the commission from 2003 to 2010, has joined Baker & Hostetler as a partner in the antitrust and competition practice and a co-leader of the privacy and data protection team. She has offices in Washington and New York.

Harbour said she hadn't considered leaving Norton Rose until Baker & Hostetler approached her. Baker & Hostetler didn't win her over right away, however.

Health Care, Dodd-Frank Top US Chamber's 2014 Agenda

The Patient Protection and Affordable Care Act, the Dodd–Frank Wall Street Reform and Consumer Protection Act, and the broader U.S. legal system remain in the crosshairs of the U.S. Chamber of Commerce in 2014, Chamber President and Chief Executive Officer Thomas Donohue said Wednesday.

Delivering the business federation's annual state of American business speech at the organization's Washington, D.C., headquarters, Donohue said the group will work to address companies' concerns about Obamacare, Dodd-Frank and litigation, echoing pledges he made in last year's address.

The state of American companies "is improving and our economy is gaining strength," Donohue said. But frivolous lawsuits and uncertainty about regulations could hurt this momentum, he said.

Senior State Department Lawyer Joins Arent Fox

Arent Fox has picked up a senior attorney-adviser at the U.S. State Department for the firm's Washington office.

Lee Caplan, who spent almost 10 years at the State Department's Office of the Legal Adviser, has joined Arent Fox as a partner in the international arbitration and dispute resolution practice. He will focus on foreign investment law and policy, among other international law matters.

Caplan said he enjoyed his time at the State Department but was ready for something new. "I sort of got to the point in my career when I wanted to branch out," he said.

24 Federal Agencies Release Regulatory Agendas

A total of two-dozen federal agencies on Tuesday published their semiannual regulatory agendas in the Federal Register, giving a glimpse at their plans for the coming months.

At the Consumer Financial Protection Bureau, Department of Labor, Department of the Treasury and 21 other agencies, officials are working on hundreds of major regulations that touch on a variety of issues, including the Patient Protection and Affordable Care Act, the Dodd–Frank Wall Street Reform and Consumer Protection Act, and workplace safety.

For example, the Consumer Financial Protection Bureau intends to start working on Dodd–Frank reporting rules for financial institutions that receive credit applications from women- or minority-owned businesses. At the Treasury Department, Internal Revenue Service officials are continuing to work on potential disclosure rules that large employers would need to follow to comply with the ACA. And the Labor Department's Occupational Safety and Health Administration is deciding whether to create infection-control standards for health-care facilities.

This Week in The National Law Journal

Pro Bono Hot List: Which attorneys stand out for the time they volunteered for nonprofit causes in 2013? The National Law Journal takes a look in its annual pro bono report.

Courts Join NSA Fight: The U.S. Supreme Court may have to rule upon the National Security Agency's data gathering after two federal judges came to such widely different conclusions about the agency's telephone surveillance program in December, Andrew Ramonas, Todd Ruger and Tony Mauro report.

Of Bandmates and Bad Blood: The desire to prevent former bandmates from trading on past rock and roll glory is driving two similar federal trademark cases, Sheri Qualters reports.

John Marshall Law Has Its First Skadden Fellow: Karen Sloan reports on how Sarah Hess beat the odds.