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Cybersecurity & Privacy

  • October 16, 2018

    2017 Cyberattack Cost Health Service £92M, UK Gov't Says

    An international cyberattack in 2017 cost Britain’s National Health Service £92 million ($121 million), the government has said, as the extent of the damage caused by the the unprecedented strike emerges.

  • October 15, 2018

    Anthem To Settle Health Care Data Breach For Record $16M

    Anthem Inc. will pay U.S. health officials a record $16 million to settle alleged privacy violations stemming the largest health care cyberattack in U.S. history, which exposed the personal information of some 79 million people, the U.S. Department of Health and Human Services said Monday. 

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Google Sued For Not Telling Investors About March Data Leak

    Google's failure to disclose in at least two federal securities filings a March data leak that came to light last week deceived the investing public and caused the tech giant's shares to be traded at artificially inflated prices for months, according to a proposed shareholder class action filed in California federal court. 

  • October 15, 2018

    Judge Nixes 'Selective Prosecution' Claim Against Mueller

    A D.C. federal judge on Monday cut off efforts by a Russian company charged in the Mueller probe to pursue allegations it is the victim of selective prosecution, after an attorney for the company repeatedly slammed conspiracy allegations in the case as “made up charges.”

  • October 15, 2018

    Twitter Faces GDPR Probe Over Possible User Tracking

    The Irish Data Protection Commission confirmed Monday that it is investigating Twitter Inc. for potential violations of the European Union’s General Data Protection Regulation after the social media company refused to disclose whether it tracks users who click on links in tweets.

  • October 15, 2018

    Chopra Wary Of Digital Markets' Data Tracking, In-House Rules

    Federal Trade Commission member Rohit Chopra on Monday said regulators must examine the power digital platforms and marketplaces gain from the vast amounts of data they collect and how they exercise that power to their financial or competitive advantage. 

  • October 15, 2018

    Defense Bar Group Blasts Class Cert. In $61M Dish Judgment

    Dish Network should escape a $61 million judgment over unwanted phone calls because some people represented in the suit have not proven injury and courts are split on whether they can qualify as class members, a lawyers’ group has told the Fourth Circuit.

  • October 15, 2018

    Financial Investigator Seeks To Undo $40M Defamation Award

    A financial investigation company on Monday urged a New Jersey state appeals court to vacate a $40 million jury verdict in favor of an investment management firm claiming its reputation was damaged by the company's allegedly defamatory reports, arguing that the accusation is based on “nothing but presumptions.”

  • October 15, 2018

    Sens. OK Privacy Board Picks Ahead Of EU Data Deal Review

    The U.S. Senate has confirmed three nominees to the Privacy and Civil Liberties Oversight Board, allowing the agency to get back to monitoring federal surveillance programs for the first time since President Donald Trump took office and coming just days before a key review of the U.S.-EU Privacy Shield.

  • October 15, 2018

    Glilot Closes AI, Cybersecurity-Focused Fund With $110M

    Venture capital fund Glilot Capital Partners said on Monday that it has closed its third fund with $110 million in contributions that will be used to invest in Israel-based early-stage startups focusing on artificial intelligence, big data and cybersecurity.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Google Data Leak Exposes Breach Disclosure Conundrums

    Google is facing widespread backlash after the revelation of its decision not to notify the public of an incident that exposed 500,000 users' data, highlighting not only the tricky waters companies must navigate in breach disclosure deliberations, but also the importance of ensuring such discussions remain under wraps, attorneys say.

  • October 12, 2018

    Chinese Spy Denies He Tried To Steal GE Aviation IP

    A member of China's intelligence agency pled not guilty Friday to charges he attempted to gather trade secrets from jet engine manufacturer GE Aviation, but an Ohio federal judge said he should remain in prison until trial, citing inconsistent accounts about his employment.

  • October 12, 2018

    Insurer Can't Duck Yahoo's $4M Email Suit Coverage Row

    A California federal judge found on Friday that Yahoo's insurer largely failed to defend and indemnify the company for $4 million in attorneys' fees from multiple class actions accusing it of scanning customers' emails, but said it was up to a jury to decide whether the insurer's failures to come to Yahoo's aid were coverage errors or evidence of bad faith. 

  • October 12, 2018

    Facebook Says 30M Users' Data Accessed In Recent Breach

    Facebook revealed Friday that hackers accessed a trove of sensitive data from nearly 30 million users, including search history and location information, in an unprecedented breach of its platform that has drawn regulators' attention.

  • October 12, 2018

    What Construction Attys Must Know To Avoid Software Pitfalls

    New software and updates for existing programs roll out so often that it's important for construction lawyers to stay informed about what's running on clients' projects in order to minimize cybersecurity risks and avoid problems, including confusion about access rights and notice requirements.

  • October 12, 2018

    NJ Files Suit Over Unfilled FOIA Request For Drilling Docs

    New Jersey has sued the U.S. Department of the Interior in D.C. federal court over a months-old Freedom of Information Act request for documents related to Interior Secretary Ryan Zinke’s allegedly special treatment of Florida that New Jersey says has been left to languish.

  • October 12, 2018

    Ex-DOJ Cyber Atty Returns To King & Spalding In DC

    A senior U.S. Department of Justice attorney who most recently served as counsel for cyber investigations at the agency's National Security Division has rejoined King & Spalding LLP after a decade in the public sector, bolstering the firm's data, privacy and security team in Washington, D.C.

Expert Analysis

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Do VPNs Spell Market Manipulation For Crypto Exchanges?

    Richard Malish

    Virtual private networks are a critical tool for privacy-minded cryptocurrency traders, but based on the New York attorney general's recent findings that VPNs may permit market manipulation, it would not be surprising if cryptocurrency exchanges are soon asked to explain their VPN access policies, says Richard Malish of NICE Actimize.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • How FIRRMA Changes The Game For Tech Cos. And Investors

    Steven Croley

    The Foreign Investment Risk Review Modernization Act, signed into law in August, will significantly alter how the Committee on Foreign Investment in the United States conducts its work. Emerging technology companies, and their prospective investors, must be mindful of whether investments are now subject to CFIUS jurisdiction, say attorneys at Latham & Watkins LLP.

  • 10 Questions The SEC Will Probably Ask Google: Part 2

    John Reed Stark

    Google reportedly opted not to disclose a cybersecurity vulnerability this past spring due to fears of drawing regulatory scrutiny and causing reputational damage. This fact will be a lightning rod for SEC enforcement attention, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • 10 Questions The SEC Will Probably Ask Google: Part 1

    John Reed Stark

    With the announcement this week that a previously undisclosed software bug potentially exposed up to 500,000 Google+ users' personal data, Google has a problem. And the U.S. Securities and Exchange Commission is probably investigating, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Arbitration, Mediation Can Solve Cyber Insurance Disputes

    Daniel Garrie

    Many policyholders instinctively oppose the inclusion of alternative dispute resolution clauses in their insurance policies. However, given the complexity of cyber coverage disputes, businesses should consider the confidentiality and cost-effectiveness that ADR can offer, say members of JAMS and Zeichner Ellman & Krause LLP.