• December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    New Warrant Power Amplifies Need For Strong Data Security

    A rule change that allows courts to issue broader warrants for access to electronic communications took effect Thursday amid concerns that the measure will invite law enforcement snooping in the name of pursuing hackers, turning up pressure on companies not to fall prey to the types of cyberattacks that invite prying eyes.

  • December 1, 2016

    NJ Woman Admits Role In $1M DNA Testing Medicare Fraud

    A New Jersey woman on Thursday admitted in federal court that she engaged in a $1 million Medicare fraud scheme that involved convincing seniors to submit to unnecessary genetic testing, offering kickbacks to physicians to authorize the tests and unlawfully accessing victims' private health care information.

  • December 1, 2016

    Calif. Gov. Names US Rep. Becerra As Golden State Top Cop

    California Gov. Jerry Brown tapped U.S. Rep Xavier Becerra, the first Latino member of the U.S. House Committee on Ways and Means, to replace Kamala Harris as attorney general when she steps down to take on her new role as U.S. senator, the governor said Thursday.

  • December 1, 2016

    Lewis Brisbois Hires DWT Partner For Data Privacy Group

    Lewis Brisbois Bisgaard & Smith LLP brought on an ex-Davis Wright Tremaine LLP partner and former federal prosecutor with two decades of security and privacy experience, including containing and responding to data breaches, to lead its data privacy team, the firm said Thursday.

  • December 1, 2016

    Dick's Must Face TCPA Claims, But Not Classwide

    The attorney accusing Dick’s Sporting Goods Inc. of sending him text messages in violation of federal privacy law on Thursday survived the retailer’s dismissal bid, but was found by the California federal judge not to be an adequate class representative and was denied a request for certification.

  • December 1, 2016

    CFTC Told To Sharpen Review Of Dealers' Cybersecurity

    The U.S. Commodity Futures Trading Commission should begin independently verifying whether its futures and swaps dealers are effectively prepared for cyberattacks, to correct vulnerabilities to computer and data breaches, according to an audit.

  • December 1, 2016

    FTC Contest Didn't Create Procurement Contract: Fed. Circ.

    The Federal Circuit held in a Thursday precedential decision that even though a man entered into a contract with the Federal Trade Commission by participating in an agency-sponsored competition seeking anti-robocalling inventions, that agreement wasn’t a procurement contract, meaning he lacks standing to object to the judging process under federal bid-protest provisions.

  • December 1, 2016

    Baseball Analyst Seeks Review For Gawker Defamation Claim

    A New York bankruptcy judge Thursday reserved judgment on lifting a stay to let baseball analyst Mitch Williams challenge a New Jersey state court's award of judgment to Gawker Media LLC over his $50 million defamation claim, requesting transcripts from the case to help determine if the claim is precluded.

  • December 1, 2016

    Feds Bum-Rush Int'l Cybercrime Syndicate

    The U.S. Department of Justice, the FBI and a Pennsylvania federal prosecutor revealed Thursday that they have begun taking down an international cybercrime network known as Avalanche, the second major enforcement effort against cybercriminals spearheaded by the partnership.

  • December 1, 2016

    B&N Says Revamped Data Breach Suit Still Fails

    Barnes & Noble Inc. urged an Illinois federal court Wednesday to toss a proposed class action over a data breach once and for all, arguing that the book buyers still haven’t managed to demonstrate a sufficient injury despite revamping their claims several times.

  • December 1, 2016

    11th Circ. Won't Rehear Transvaginal Ultrasound Ruling

    The Eleventh Circuit on Wednesday refused to rethink its decision that invasive ultrasounds challenged by sonography students constituted a search under the Fourth Amendment, dismissing concerns about ramifications for public educational institutions.

  • December 1, 2016

    IRS Wins Summons To See If Digital Currency Users Pay Tax

    A California federal court Thursday authorized a John Doe summons by the IRS to obtain information from virtual currency exchanger Coinbase Inc. so it can investigate whether the company’s customers avoided paying taxes on transactions made through the company.

  • November 30, 2016

    Home Depot Execs Escape Investor Suit Over Data Breach

    Investors in The Home Depot Inc. can’t pursue a shareholder derivative suit against members of the retailer’s board of directors relating to a 2014 customer data breach, a Georgia federal judge ruled Wednesday, pointing to their inability to demonstrate board members "consciously failed to act" to prevent the breach.

  • November 30, 2016

    UK's Spying Bill Complicates Fate Of Data Transfer Deals

    A controversial British surveillance bill that requires telecoms to retain records like user browser history for a full year cleared its final hurdle Tuesday, teeing up an almost certain court battle over the breadth of the act's data retention mandate and throwing another wrench into efforts by the U.K. to hammer out international data transfer deals independent of the European Union.

  • November 30, 2016

    Insurer Says It Needn't Cover US Coachways' $50M TCPA Deal

    Illinois Union Insurance Co. filed suit in New York federal court Wednesday contending that it isn’t responsible for covering a $49.9 million class action settlement that resolved claims that US Coachways Inc. violated the Telephone Consumer Protection Act with text message blasts to potential customers.

  • November 30, 2016

    American Express’ $9M TCPA Settlement Gets Final Nod

    An Illinois federal judge Wednesday signed off on a $9.25 million settlement in a putative class action accusing American Express of making numerous debt collection and telemarketing calls in violation of the Telephone Consumer Protection Act.

  • November 30, 2016

    Ga. High Court Says Courtroom Access Guidelines Need Work

    The Georgia Supreme Court on Wednesday said the state’s Judicial Qualifications Commission must take a second look at a formal advisory opinion allowing unobstructed access to courtrooms, saying the ruling relies on the interpretation of unsettled constitutional principles.

  • November 30, 2016

    VA Patient Tax Fraudster's 27-Year Sentence Upheld

    The Eleventh Circuit on Wednesday rejected a convicted tax fraudster's challenge of his 27-year prison sentence and $1.8 million restitution punishment for filing false tax returns using the identities of U.S. Department of Veterans Affairs patients, saying the basis for sentencing enhancements was supported by a preponderance of evidence.

  • November 30, 2016

    UK National Lottery Sustains Mini-Cyberattack

    The operator of the U.K.'s National Lottery has said that some of its players' online accounts were breached, and potentially tampered with, after hackers obtained email addresses and passwords from some unidentified website to log into the affected National Lottery accounts.

Expert Analysis

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Trump's Administration Will Affect Communications

     Shawn H. Chang

    It is well established that in January President-elect Trump will seek to alter or replace many of President Obama's regulations and executive orders. However, Trump is unlikely to significantly alter Obama's executive orders relating to the communications sector, says Shawn H. Chang of Wiley Rein LLP.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • FinCEN Cybercrime Advisory Expands SAR Requirements

    Carlton Greene

    Some of the expectations in the Financial Crimes Enforcement Network’s recently issued cybercrime advisory are likely to be new to most financial institutions, and have the potential to increase suspicious activity reporting burdens substantially, both by expanding the types of events that must be reported and by expanding the types of information that must be gathered, say attorneys with Crowell & Moring LLP.

  • Do Big Data Analytics Hinder Workplace Diversity?

    Judith Biggs

    As more and more employers use new analytical tools for recruiting and hiring, the potential exists for employment decisions to become more fair, objective and unbiased. However, the U.S. Equal Employment Opportunity Commission is exploring whether the use of big data and technology-driven decision-making could disfavor candidates who lack a robust digital footprint, says Judith Biggs of Holland & Hart LLP.

  • With The New Administration, A New FCC Focus?

    Anne Goodwin Crump

    With the potential of new blood soon coming into the Federal Communications Commission, the FCC may shift at least some of its attention back to broadcasting issues. Anne Crump of Fletcher Heald & Hildreth PLC discusses who the next FCC chairman might be, and what else the future might hold for the commission.

  • What Now For The OCC’s Fintech Proposal?

    Kevin Petrasic

    Much has changed in Washington since the Office of the Comptroller of the Currency announced plans last month to open a new office intended to promote financial innovation. How the election of Donald Trump to serve as the new president of the United States affects fintech and the OCC’s plans for its Office of Innovation remains unclear, say attorneys with White & Case LLP.

  • 5 Ways To Reduce Risk When Acquiring A Payments Company

    Charles J. Morton Jr.

    Creating value for shareholders through acquisitions in the payment space is an important, time-tested strategy. However, regulatory pressure in the payments industry has increased considerably in the past few years. Combining regulatory insight with proven deal execution is essential if an acquisition is to have the intended results, say Charles Morton Jr. and Andrew Bigart of Venable LLP.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.