Cybersecurity & Privacy

  • June 01, 2020

    FCC Commish Warns China Could Dominate Space Tech

    A Democratic commissioner at the Federal Communications Commission warned in a speech Thursday that the U.S. could repeat missteps it made in the wireless equipment market if it fails to get ahead of China in satellite broadband technology.

  • June 01, 2020

    Facebook Asks Texas High Court To End Sex Trafficking Suits

    Facebook is asking the Texas Supreme Court to dismiss three lawsuits that accuse the company of providing an unrestricted platform for predators to exploit, extort and recruit children into the sex trade, arguing it can't be held liable for what third parties post on its website.

  • June 01, 2020

    Pa. County Cut From $14M Privacy Settlement Processing

    Citing the potential for additional cost and squabbling among the attorneys, a Pennsylvania federal judge on Monday said she would not allow a Philadelphia-area county to take direct responsibility for cutting checks from a potential $14 million settlement to resolve class claims over its illegal publication of criminal records online.

  • June 01, 2020

    Comcast Tells 9th Circ. Privacy Suit Belongs In Arbitration

    Comcast told the Ninth Circuit on Monday that a subscriber's proposed class action accusing it of violating privacy laws by collecting personal information for advertising purposes belongs in arbitration, arguing that the California Supreme Court's McGill decision barring class waivers doesn't apply.

  • June 01, 2020

    Pa. Judge Says Fax For Free Webinar Doesn't Violate TCPA

    An unsolicited fax to a doctor's office offering a free webinar was not an "advertisement" in violation of the Telephone Consumer Protection Act since there was nothing being sold, a Pennsylvania federal judge has ruled.

  • June 01, 2020

    Calif. Dispensary Latest Pot Company To Face TCPA Suit

    A medical pot dispensary in California was the latest in a slew of cannabis companies to face a proposed class action over Telephone Consumer Protection Act violations for allegedly sending unwanted spam marketing texts.

  • June 01, 2020

    Research Firm Says Survey Pitches Don't Break TCPA Ad Ban

    A market research firm and its former parent asked the Third Circuit for en banc rehearing of a divided panel decision that said unwanted faxes seeking individuals' participation in market surveys violate the Telephone Consumer Protection Act.

  • June 01, 2020

    Deloitte Faces Heat Over Unemployment System Data Breach

    Deloitte Consulting LLP has been hit with a proposed class action in New York federal court accusing the company of dropping the ball on securing personally identifiable information for those applying for benefits under the federal Pandemic Unemployment Assistance program.

  • June 01, 2020

    ACLU, Others Back Maine Web Privacy Law Against Challenge

    The American Civil Liberties Union and other groups filed an amicus brief Friday in defense of Maine's new online privacy law, as several telecom trade groups contend the law violates the First Amendment and seek to strike it down.

  • May 29, 2020

    Ex-Judges Slam Flynn's Appeal In Dismissal Bid Fight

    A group of retired federal judges urged the D.C. Circuit on Friday to reject a petition by Michael Flynn asking the appeals court to order a judge to immediately grant the Trump administration's controversial request to dismiss the criminal case against the president's former national security adviser.

  • May 29, 2020

    Intel Chief Declassifies Transcripts Of Flynn's Russia Calls

    Newly confirmed Director of National Intelligence John Ratcliffe on Friday declassified the highly sought-after transcripts of Michael Flynn's conversations with a Russian ambassador to the U.S. during President Donald Trump's transition to office in December 2016.

  • May 29, 2020

    NJ Doc Can't Escape Sanctions For Giving Attys Patient Info

    A prominent New Jersey psychologist whose license was suspended after he disclosed sensitive patient information to debt collection attorneys is stuck with more than $100,000 in sanctions after a state appellate court found his violations were egregious.

  • May 29, 2020

    Sens. Join Call For FTC To Probe How TikTok Uses Kids' Data

    A bipartisan group of U.S. senators on Friday stepped up pressure on the Federal Trade Commission to investigate whether popular video-sharing app TikTok is "blatantly flouting" a deal with the commission that required it to significantly strengthen its children's privacy protections, a push that came just a day after more than a dozen U.S. House Democrats issued a similar call. 

  • May 29, 2020

    COVID-19 IP Catch-Up: Remdesivir Access, Zoom TM Security

    The novel coronavirus pandemic has continued to cause delays and waivers in the patent and trademark worlds, and also has led to questions about who owns the rights to a key antiviral drug and whether Zoom should be concerned about its trademark.

  • May 29, 2020

    Ligado Opposes NTIA's Push To Stall 5G Plan Approval

    Satellite operator Ligado Networks pushed back on the U.S. Department of Defense's bid to nix its planned 5G network by defending the Federal Communications Commission's green light for the project in a filing Friday.

  • May 29, 2020

    Twitter, Reddit Say Social Media Visa Rules Limit Free Speech

    Twitter, Reddit and an e-commerce trade group backed two documentary film organizations' challenge to a U.S. Department of State requirement for overseas visa applicants to turn over their social media handles, saying it would limit anonymous free speech.

  • May 29, 2020

    Top Golf, Ex-Workers Say BIPA Standing Ruling On Their Side

    Top Golf USA Inc. and a group of former workers have staked out opposing positions on whether the Seventh Circuit's recent ruling on federal standing in Illinois biometric privacy litigation helps or hurts the company's attempt to keep the dispute in federal court.

  • May 29, 2020

    LA Sheriff's Attys Survive DQ Bid In Race Bias Suit

    A California federal judge has denied a bid to disqualify a firm from representing the Los Angeles County Sheriff's Department in a civil rights case because it employed a paralegal who once worked for the firm representing the man who filed the case, rejecting allegations that the worker "switched sides."

  • May 29, 2020

    TCL, Canon Settle IP Suit Amid Roku Source Code Fight

    Canon Inc. and TCL Electronics Holdings Ltd. told a Texas federal judge Friday they had cut a deal to resolve Canon's infringement suit over the TCL Roku TV, likely leaving unanswered whether Canon can get remote access to third-party Roku's source code during the coronavirus pandemic.

  • May 29, 2020

    Pot Marketing Co. Wants TCPA Suit Paused For High Court

    A cannabis marketing company has asked a California federal court for a timeout in a proposed class action over unwanted texts, saying the fate of the law that consumers are suing under hangs in the balance before the U.S. Supreme Court.

  • May 29, 2020

    EasyJet Hit With £18B Class Action Testing Value Of Privacy

    More than 6,000 EasyJet customers are gearing up to test European Union data rules in a group lawsuit seeking damages from the airline after a cyberattack left their personal details exposed to hackers, lawyers representing the claimants said.  

  • May 29, 2020

    Fraudsters Exploiting COVID-19 Cheat Britons Out Of £4.6M

    More than 2,000 Britons have lost over £4.6 million ($5.7 million) to fraudsters seeking to exploit fears over the COVID-19 pandemic, figures published Friday reveal.

  • May 28, 2020

    Ex-Cafe Worker Must Fix $3.2M Deal In Biometric Data Case

    An Illinois federal judge on Thursday rejected a former cafe employee's proposed $3.2 million settlement she'd hoped would end her proposed class action alleging Corner Bakery Cafe misused its employees' biometric data, ruling that it wrongly limits class members' ability to object to the deal or appeal.

  • May 28, 2020

    NSA Warns On Russian Military Launching New Cyberattacks

    The same Russian military unit that U.S. officials say hacked Democratic National Committee servers to interfere with the 2016 presidential election is actively attacking vulnerable email servers across the globe, the U.S. National Security Agency warned Thursday in a rare public alert.

  • May 28, 2020

    Pa. Hospital Must Hand Over Reports In Patient Death Suit

    A Pennsylvania appeals court on Thursday ordered a hospital to produce about two years' worth of incident reports in a suit over an emergency room patient's death, saying the hospital could protect any privileged patient information and thus had no grounds to object.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Opinion

    It's Time To Scrap FTC's Health Breach Notification Rule

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    The Federal Trade Commission's notification rule for nonhealth companies that suffer health record data breaches is too narrow, and should be replaced by a federal privacy law that provides uniform and meaningful protections for consumers, says Dena Castricone at DMC Law.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Where We Are In The US Trade Secret Crackdown On China

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    As the U.S. Department of Justice continues to focus on prosecuting trade secret theft by China, U.S. companies are also filing private civil lawsuits against Chinese companies in federal courts, relying on both the Defend Trade Secrets Act and state trade secret laws, say attorneys at Wiggin and Dana.

  • 7 Considerations For BIPA Class Action Defense

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    Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Justices Should Construe Computer Fraud Law Narrowly

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    In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

  • 6 Considerations For Medical Staff's Virtual Peer Reviews

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    Today's need for social distancing creates unique challenges for hospitals in ensuring that medical staff peer reviews can proceed properly and fairly using remote hearing procedures, says Ron Ravikoff at JAMS.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • New Risk Of Whistleblower, Retaliation Claims In Health Care

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    Pandemic circumstances put health care facilities in a bind — they must continue to treat their patients, protect patient privacy, and ensure they have sufficient staff who are ready and willing to work, while also protecting themselves from the heightened threat of whistleblower and retaliation lawsuits, say attorneys at Pepper Hamilton.

  • Strategies For Defending FTC Investigations During Pandemic

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    Companies can prepare for Federal Trade Commission privacy and consumer protection investigations by taking practical and effective steps to meet their obligations while also minimizing burden and streamlining the process in light of the challenges posed by the pandemic, say attorneys at Perkins Coie.

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