Cybersecurity & Privacy

  • October 21, 2021

    Dickey's BBQ Blasts Attys' Pan Of $2.35M Data Breach Deal

    Dickey's Barbecue Restaurants Inc. on Wednesday slammed a group of plaintiffs' attorneys for criticizing a $2.35 million data breach deal in pressing their bid to lead the proposed settlement class, arguing that the backlash fails to recognize the deal's "extraordinary value."

  • October 21, 2021

    Bank Regulators Eye Updated Guidance To Fight Bias In AI

    Regulators and legal experts called for collaboration between federal and state entities to address the use of artificial intelligence in financial services on Thursday, as they catch up with the latest advances, weigh potential new industry guidance and seek to prevent discriminatory practices.

  • October 21, 2021

    'Free Cruise' Duo Permanently Banned From Robocalls

    A federal judge has permanently barred two men and their Florida-based cruise lines from abusing consumers with pre-recorded survey phone calls, and further prohibited them from using or benefiting from any customer information they obtained to this date — including names, addresses and emails.

  • October 21, 2021

    ​​​​​​​Google Slashes Play Store Fees Amid Antitrust Pressure

    Google announced Thursday it is lowering fees for a larger swath of the apps on its Play Store for Android, which comes amid pressure from antitrust enforcers and private litigants that say the platform hinders competition.

  • October 21, 2021

    DOJ Sues To Collect FCC's $9.9M Fine From Racist Robocaller

    The U.S. Department of Justice said Thursday it has sued a Montana-based white supremacist who has failed to pay a $9.9 million Federal Communications Commission fine for peppering communities with thousands of racist and antisemitic robocalls.

  • October 21, 2021

    FTC Finds ISP Data Collection As Invasive As Big Tech

    A staff report from the Federal Trade Commission has found that major internet service providers collect, cross-reference and use information on their customers in ways that are just as invasive as advertising-driven Big Tech platforms.

  • October 21, 2021

    Feds Oppose Service Members' Anonymity In Vaccine Suit

    The federal government has urged a Florida federal court to deny a request from 16 service members to proceed anonymously in their case seeking to overturn the U.S.Department of Defense's COVID-19 vaccine mandate and the U.S. Food and Drug Administration's approval of the Pfizer/BioNTech vaccine, saying they have not provided valid justification.

  • October 21, 2021

    CFPB Targets Amazon, Facebook, Others In Payments Probe

    The Consumer Financial Protection Bureau has ordered a group of tech giants including Amazon, Facebook and Google to turn over information related to their payments-related systems and products, giving the companies just under two months to hand over the details as part of a consumer protection sweep announced Thursday.

  • October 21, 2021

    Durham Denies That Sussmann FBI Lie Charge Lacks Clarity

    Special counsel John Durham on Wednesday resisted ex-Perkins Coie LLP partner Michael Sussmann's push for more specific details on the charge he lied to the FBI in the run-up to the 2016 election, calling the indictment more than adequate and saying much of what Sussmann seeks will be produced during discovery.

  • October 20, 2021

    Blackbaud Can't Shake Negligence Claims In Data Breach Row

    A South Carolina federal judge has preserved a pair of negligence claims while cutting two other allegations from a consolidated putative class action over a 2020 ransomware attack on Blackbaud, after rejecting the software company's argument that it didn't have a duty to protect plaintiffs from the hack.

  • October 20, 2021

    Navy Engineer, Wife Indicted In Alleged Sale Of Nuclear Data

    A Navy nuclear engineer and his wife have been indicted on federal charges of trying to sell nuclear submarine secrets to a foreign nation, according to the U.S. Attorney's Office for the Northern District of West Virginia.

  • October 20, 2021

    Commerce Dept. Aims To Rein In Sale Of Hacking Tools

    The U.S. Department of Commerce on Wednesday announced a rule that aims to stem the sale of hacking software to foreign nations such as Russia and China, citing concerns that such products could be used for surveillance or spy campaigns.

  • October 20, 2021

    Rutgers Aims To Unmask Students Behind COVID Vaccine Suit

    Rutgers University told a New Jersey federal court on Wednesday that six students' purported fears of discrimination and retaliation do not justify hiding their identities while pursuing a lawsuit alleging that the school's COVID-19 vaccine mandate for students is unlawful, accusing them of making a "paper-thin" case for their stigmatization concerns.

  • October 20, 2021

    Biden's Embrace Of Border Tech Raises Privacy Concerns

    President Joe Biden hasn't shied away from using controversial technologies for immigration enforcement, raising concerns that his predecessor's pet project to build a border wall is being replaced with a "virtual wall" rife with privacy and civil liberties problems.

  • October 20, 2021

    DC Seeks To Add Facebook CEO To Data Privacy Suit

    Facebook CEO Mark Zuckerberg played a bigger role in decisions that led up to the Cambridge Analytica data harvesting scandal than previously thought, the District of Columbia's attorney general said Wednesday in asking to add Zuckerberg to a data privacy suit in D.C. Superior Court.

  • October 20, 2021

    Feds Charge Encryption Co. Execs With $50M Investor Fraud

    Federal authorities claim three former executives of a bankrupt encryption software company fraudulently raised millions of dollars with fake bank statements, phony financial reports and, at one point, by impersonating a customer on an investor call.

  • October 20, 2021

    Groups Tell 9th Circ. Feds Can Be Forced To Restore Nature

    A Native American environmental group and an animal rights organization doubled down on their efforts to get the Ninth Circuit to revive their suit claiming that federal policies on fossil fuels, agriculture and forestry violate their constitutional right to be left alone in the wilderness.

  • October 20, 2021

    Experts Say FCC Has Grounds To Limit Chinese Tech Sales

    Some international trade and cybersecurity experts are urging the Federal Communications Commission to embrace the full power of its equipment approval authority and block Chinese-made wireless products from being sold in the U.S., while Chinese companies counter that such a move is too drastic.

  • October 20, 2021

    Illinois Judge Pauses Little Caesars BIPA Suit

    An Illinois federal judge on Tuesday stayed a suit by two former employees alleging Little Caesars violated the state's landmark biometric privacy law while issues that could affect their claims make their way through the state's appellate courts.

  • October 20, 2021

    Sen. Blumenthal Wants Zuckerberg To Testify On Teen Safety

    Sen. Richard Blumenthal, D-Conn., on Wednesday asked the heads of Facebook and its subsidiary Instagram to answer questions about the mental health impact their platforms have on minors, which comes weeks after a whistleblower told senators the social media giant has deliberately ignored red flags.

  • October 20, 2021

    US, EU Take Aim At Chinese Policies During WTO Review

    The U.S., European Union and other World Trade Organization members voiced serious concerns about a litany of Chinese trade practices at a review in Geneva on Wednesday, warning that Beijing's state-run economy is badly distorting global trade flows.

  • October 20, 2021

    House Approves FCC Security, Supply Chain Bills

    The full House passed four bills Wednesday afternoon that aim to promote supply chain and network security, including legislation that would order the Federal Communications Commission to stop approving consumer wireless products produced in China.

  • October 20, 2021

    FCC To Decide If Pa. Station Owner's Crimes Cost His License

    The Federal Communications Commission has announced that it will hold a hearing examining whether a Pennsylvania convicted felon will be able to hold on to his radio station license.

  • October 20, 2021

    V&E Steers Bitcoin Miner's Upsized $127M IPO

    Alternative energy bitcoin miner Stronghold Digital Mining Inc. soared in debut trading Wednesday after it raised $127 million in an initial public offering that priced above range, guided by Vinson & Elkins LLP and underwriters counsel Nelson Mullins Riley & Scarborough LLP

  • October 19, 2021

    Gensler Says SEC Has Draft Universal Proxy Proposal In Hand

    The head of the U.S. Securities and Exchange Commission said Tuesday that he and his fellow commissioners received a draft from agency staff this week for a proposed "universal proxy" rule aimed at making ballots in contested board elections more consistent for all shareholders.

Expert Analysis

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Opinion

    The Infrastructure Bill Should Not Target Cryptocurrency

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    Congress should excise a provision in the pending infrastructure bill that would require anyone who accepts $10,000 in cryptocurrency for goods or services to report the transferring party's personal information to the Internal Revenue Service — this would be unnecessary, ill-advised and possibly unconstitutional, says James Burnham at Jones Day.

  • New TCPA Rulings Suggest Shorter Life For Autodialer Suits

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    In the six months since the U.S. Supreme Court's decision in Facebook v. Duguid, which narrowed the scope of the Telephone Consumer Protection Act, a growing number of rulings provide hope that meritless lawsuits based on automatic telephone dialing systems can be stopped at the pleadings stage, say Becca Wahlquist and Lauri Mazzuchetti at Kelley Drye.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Breyer's Defense Of Privacy Challenges Media Overreach

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    As courts continue to weigh freedom of the press against the importance of personal privacy, U.S. Supreme Court Justice Stephen Breyer's jurisprudence has repeatedly made it clear that the media have no constitutional right to engage in unlawful conduct, say David Elder at Northern Kentucky University and Neville Johnson at Johnson & Johnson LLP.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • A Primer On DOL Probes For ERISA Plan Service Providers

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    As the U.S. Department of Labor shifts its enforcement resources from Employee Retirement Income Security Act plan sponsors to financial institutions that service such plans, nonfiduciary providers should know what to expect and how to respond to agency investigations, say attorneys at Groom Law Group.

  • Takeaways From The Latest Proposed Competition Legislation

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    Maggie Crosswy and William MacLeod at Kelley Drye examine over 30 bills before the House and Senate that would alter the U.S. competition and consumer protection landscape, explaining what they propose, where they stand and why they matter.

  • What Fla. DNA Privacy Law Means For Health Care Providers

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    Florida's new Protecting DNA Privacy Act clarifies protections for individuals' genetic information and is more stringent than federal law in some ways, so health care providers with patients in Florida may need to revisit their DNA collection and analysis processes, say David Peloquin and Elana Bengualid Harary at Ropes & Gray.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • FTC's Hasty Health Data Rule Change Could Cause Confusion

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    The Federal Trade Commission's recent policy statement expanding the scope of its Health Breach Notification Rule appears to bypass appropriate administrative processes and may delay effective privacy and security policies that can advance interoperability and health innovation, says Jodi Daniel at Crowell & Moring.

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