• October 26, 2016

    Pa. Hacker Who Leaked Nude Celeb Photos Gets 18 Months

    A 36-year-old Pennsylvania man who copped to hacking the personal email accounts of numerous celebrities and leaking nude photos in 2014's "Celebgate" scandal was sentenced to 18 months in federal prison in Pennsylvania federal court on Wednesday.

  • October 26, 2016

    Robocall Strike Force Still Has Work To Do, FCC Heads Say

    The Federal Communications Commission pushed a “strike force” that includes Apple, Google and mobile phone carriers to double down on efforts to wipe out unwanted robocalls, saying Wednesday that while progress has been made on developing technical fixes, more aggressive action is needed to get the job done.

  • October 26, 2016

    3 Things To Watch For In ISP Privacy Rule

    The Federal Communications Commission is slated to adopt a fiercely debated proposal setting new privacy rules for broadband providers at its Thursday meeting, but where the agency ultimately draws the line on issues such as consumer consent requirements and contract limits remains unknown. Here, Law360 highlights three areas to keep an eye on amid the FCC's vote.

  • October 26, 2016

    11th Circ. Asked To Rethink Transvaginal Ultrasound Ruling

    Valencia College faculty on Tuesday urged the Eleventh Circuit to rethink its decision that invasive ultrasounds challenged by sonography students constituted a search under the Fourth Amendment, contending that the ruling conflicts with precedent and has worrisome ramifications for public educational institutions.

  • October 26, 2016

    Justin Timberlake Won't Face Punishment For Voting Selfie

    Justin Timberlake will not face legal repercussions for uploading a voting-booth selfie to his Instagram account, despite earlier reports that his actions were under review by a Tennessee county district attorney. 

  • October 26, 2016

    Ransomware Attacks Set To Quadruple In 2016, Beazley Says

    Ransomware attacks have hit the financial services, retail and hospitality industries especially hard this year, according to data breach response insurer Beazley, which said Wednesday that the number of these hacks among its entire client base in 2016 is on pace to be four times higher than last year.

  • October 26, 2016

    Ford Motor Credit Can't Escape TCPA Suit In Light of Spokeo

    Ford's financial services arm can't escape a man's lawsuit alleging it continually called him with prerecorded messages even after he requested the calls stop because the inconvenience of unwanted communication amounts to a legitimate grievance under the high court's Spokeo rule, a Texas federal judge found Wednesday.

  • October 26, 2016

    ACT Can't End Junk Fax Class Action With Cash Offer

    A Massachusetts federal judge on Wednesday kept alive a proposed class action accusing college and career planning company ACT Inc. of peppering businesses with illegal fax advertisements, saying ACT can't escape the suit by strategically offering a full settlement to only the named plaintiffs before class certification.

  • October 26, 2016

    OCC To Open Innovation Office To Boost Fintech At Banks

    The Office of the Comptroller of the Currency on Wednesday announced the creation of a new office aimed at helping banks and other companies develop financial technology products and services that comply with federal law while meeting safety and consumer protection standards.

  • October 26, 2016

    Couple Wants Stay Lifted In Fiat Car-Hacking Suit

    Two drivers involved in a larger suit against car manufacturer Fiat Chrysler Automobiles over an allegedly hacker-sensitive system in certain cars sold by Fiat asked an Illinois federal judge on Tuesday to revive their claims against the technology company that made that system now that they've dropped their claims against the carmaker.

  • October 26, 2016

    Insurer Wants Out Of Vitamin Cottage Data Breach Coverage

    Amco Insurance Co. on Wednesday urged a Colorado federal court to rule that it does not have to defend The Vitamin Cottage in a proposed customer class action over a cyberattack against the health-food chain, arguing that the underlying lawsuit claims only economic losses that don't fall within the scope of its policy.

  • October 26, 2016

    Biz Ramping Up Cybersecurity Infrastructure, Experts Say

    A wide variety of companies have taken steps to bulk up their in-house expertise on cybersecurity and privacy, experts said Wednesday, as businesses look to develop the ability to prevent and respond to data breaches before reaching out to outside counsel.

  • October 26, 2016

    Time Warner Takeover Pushes Need For Uniform Privacy Regs

    AT&T roused privacy advocates in unveiling an $85.4 billion cash-and-stock takeover of Time Warner over the weekend, a move that steps up pressure to replace the traditional sectorial approach to privacy regulation with more stringent and uniform rules to counter the increasingly blurry lines between the telecom and tech industries.

  • October 26, 2016

    Vodafone Hit With $5.6M Fine For Billing Issue

    British company Vodafone owes £4.6 million ($5.6 million) to the U.K. communications regulator for “serious and sustained” breaches of consumer protection rules, Ofcom said on Wednesday, as it levied its largest-ever fine against a telecom for such violations.

  • October 25, 2016

    How To Respond To A Data Breach? The FTC Has Answers

    Key response measures for a data breach include securing physical real estate and sending out immediate notification, the Federal Trade Commission said Tuesday in a newly released guide for businesses on handling data breaches.

  • October 25, 2016

    Sen. Calls For Tougher Internet-Of-Things Rules After Attack

    A member of the U.S. Senate’s intelligence committee is calling on the Federal Communications Commission to beef up cybersecurity standards for connected consumer products, saying the cyberattack that took down much of America’s internet last week proves the internet of things is all too easy to hack.

  • October 25, 2016

    State Farm Beats Grocer's Bid For Data Breach Coverage

    State Farm doesn't have to defend or indemnify an Alabama grocery store in a lawsuit alleging that its failure to maintain adequate cybersecurity led to a hacking incident compromising customers' payment card data, a federal judge ruled Tuesday, holding that the store's policy doesn't offer coverage for third-party claims over electronic data loss.

  • October 25, 2016

    FinCEN Says Banks Should Report Suspicious Cyber Activity

    The Financial Crimes Enforcement Network on Tuesday said that banks should report cyberattacks to regulators much like other suspicious activity, calling cybercrime a "significant threat."

  • October 25, 2016

    MedAssist Can't Duck TCPA Suit Over Hospital Robocalls

    A Florida federal judge on Monday shut down MedAssist's bid to flee a proposed class action accusing the health care financial services company of making robocalls to hospital patients and their families without their written consent, saying the company's arguments are more appropriate for the summary judgment stage.

  • October 25, 2016

    Sidley Partner Staring Down 'Bizarre' Malpractice Suit

    A California woman is suing Sidley Austin LLP and one of the leaders of its cybersecurity practice for $1.5 million, claiming in an admittedly “bizarre” Illinois state court case that the attorney deceived her into investing in a purported defense contractor whose founder was already a convicted criminal.

Expert Analysis

  • Class(less) Action: Undermining Consumers At The FCC

    Geoffrey A. Manne

    On Thursday, the Federal Communications Commission is expected to vote on whether or not to ban mandatory arbitration clauses in internet service providers' consumer service agreements. This ban should be rejected because it would create unnecessary confusion without benefiting consumers, say Geoffrey Manne and Kristian Stout of the International Center of Law and Economics.

  • Post-Spokeo, Standing Challenges Remain Unpredictable

    Ronnie Solomon

    Since Spokeo, a number of courts have weighed in on whether an alleged statutory violation of a state statute — as opposed to a federal one — suffices as a concrete injury in fact. But the treatment of the issue has not been uniform and the procedural quirks that have arisen add further uncertainty to an already convoluted area of the law, say Ronnie Solomon and Tyler Newby of Fenwick & West LLP.

  • When Your Client Is The President

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • Dial Or Push-Button: Oral Arguments In Appeal Of FCC Order

    Lewis S. Wiener

    Last week, the D.C. Circuit heard oral arguments in ACA International v. Federal Communications Commission. Attorneys from Sutherland Asbill & Brennan LLP summarize the primary issues, which may provide much-needed clarity on the Telephone Consumer Protection Act's scope once the D.C. Circuit makes a decision.

  • A Look At Federal Preemption Of State Drone Laws

    Andrew Zimmitti

    It may be only months before we see litigation challenging restrictive state and local drone laws that encroach upon the Federal Aviation Administration’s regulatory mandate. Industries including utilities, real estate, retail delivery and entertainment/media are likely to be among the first to pursue litigation, says Andrew Zimmitti of Manatt Phelps & Phillips LLP.

  • When Your Client Is The President

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • Demystifying The Migration To Cloud Technology

    Jonathan D. Draluck

    Many of the world's largest organizations are still reluctant to transition to cloud-based storage, in part due to the intimidating complexity of the migration. Jonathon Draluck of Greenberg Traurig LLP discusses the process, addressing common concerns and explaining how to take the first steps toward transition.

  • The Problem With Breachless Cyberinsurance Claims

    Mary E. Borja

    Recently, companies have identified potential security concerns in the marketplace before any type of hack has taken place, leading to an increase in breachless insurance claims. However, the existence of an actual or suspected breach is currently an essential element to trigger coverage, say Mary Borja and Edward Brown at Wiley Rein LLP.

  • Theft Of Genetic Information: A Wrong Without A Remedy

    Franklin Zemel

    In the majority of states, the nonconsensual collection of an individual’s DNA is not illegal — in fact, it is doubtful that even a civil lawsuit could be successfully brought, say Franklin Zemel and Ariel Deray of Arnstein & Lehr LLP.