Cybersecurity & Privacy

  • March 19, 2018

    Insurers Encourage Info Sharing As EU Data Regime Looms

    A major insurance lobby group unveiled final measures on Monday to help companies report cyberattacks to regulators and encourage wider information sharing after Europe’s data protection regime takes effect in two months.

  • March 16, 2018

    Sessions Fires FBI's Former No. 2 Just Before Retirement

    Attorney General Jeff Sessions fired former FBI Deputy Director Andrew McCabe late Friday night, roughly a day before McCabe was set to retire, because he said an internal report found the longtime Trump target made an unauthorized disclosure to the news media and lacked candor under oath multiple times.

  • March 16, 2018

    DC Circ. Delivers Relief, But Not Clarity, With TCPA Ruling

    The D.C. Circuit on Friday eased some of the exposure that companies have faced since the Federal Communications Commission expanded the scope of the Telephone Consumer Protection Act in 2015, but the resulting lack of bright lines for liability ensures that the crush of legal fights under the statute are far from over, attorneys say.

  • March 16, 2018

    Uber Drivers Defend Standing In Data Hack Suit After Zappos

    Drivers alleging Uber lied about a 2014 data breach that compromised their sensitive personal information told a California federal judge Friday that the Ninth Circuit’s recent Zappos ruling underscores that the mere risk of future identity theft from the hack gives them standing to pursue their putative class action.

  • March 16, 2018

    Hospital Seeks Data On Worker Fired After Skipping Flu Shot

    A Western Massachusetts hospital asked a federal judge Friday to let it inspect the health records of a former employee suing the facility after she was fired for refusing to get a flu shot on religious grounds.

  • March 16, 2018

    3rd Circ. Won't Grant New Trial To Car Dealer In Fax Row

    The Third Circuit on Friday denied a car dealership's bid for a new trial against the former president of a roofing company in a class action over unsolicited faxes advertising its services, rejecting claims that jury instructions were erroneous and questioning whether he could be held liable at all.

  • March 16, 2018

    No Sanctions For Ex-Fox News Host, Atty In Cyberstalk Suit

    A federal judge declined Friday to impose sanctions against former Fox News personality Andrea Tantaros and her ex-attorney in the TV host’s suit alleging the network cyberstalked her after she complained about sexual harassment, saying the court wouldn’t describe Tantaros’ claims as “clearly frivolous.”

  • March 16, 2018

    Robocall Class Fights Walmart's Bid To Escape TCPA Suit

    A proposed class of cellphone owners mistakenly robocalled by a law firm collecting unpaid shoplifting debts for Walmart asked a Florida federal judge Thursday to dismiss the retail giant's bid to toss the suit alleging violations of the Telephone Consumer Protection Act, saying it’s responsible for the calls.

  • March 16, 2018

    Chicago Pol Says No Evidence Supporting Bribery Charges

    A Chicago alderman accused of accepting bribes asked an Illinois federal judge to dismiss some of the charges Friday, arguing that the government’s witnesses have not established the payments were bribes or extortion.

  • March 16, 2018

    Court Freezes Leaders' Assets In Cryptocurrency Schemes

    A Florida federal court has frozen the assets of four alleged scammers accused of telling investors that they could turn $100 of digital currency into $80,000 per month, while setting up a pyramid scheme that enriched only themselves.

  • March 16, 2018

    Investors Push To Consolidate Intel Stock-Drop Suits

    A pension fund pushed to consolidate and then lead two proposed class actions alleging Intel Corp. knew but failed to disclose the existence of two security flaws that sent its stock crashing, telling a California federal court Thursday that the disputes are identical and the fund has suffered the greater damages.

  • March 16, 2018

    Lockheed Martin Nabs $200M Air Force Training Contract

    Lockheed Martin Corp. said Thursday it had been awarded a $200 million contract to provide air crew and cybersecurity training services to members of the Florida-based Air Force Special Operations Command.

  • March 16, 2018

    Phone Co. CEO Accused Of Encrypting Devices For Cartels

    The CEO of a company that made smartphones supposedly impervious to decryption was indicted Thursday and accused of helping drug traffickers escape detection, marking the first time the U.S. says it has pursued a business accused of intentionally providing tech tools to foil law enforcement.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    BakerHostetler Adds 3 Technology Partners in Atlanta

    BakerHostetler has hired three former LeClairRyan attorneys, including the co-leads of its technology practice, who have represented digital marketers, software companies, health care providers and others in everything from data breaches to licensing deals.

  • March 16, 2018

    DC Circ. Partly Strikes Down FCC's TCPA Expansion

    The D.C. Circuit in a long-awaited ruling Friday narrowed a 2015 Federal Communications Commission order that expanded the scope of the Telephone Consumer Protection Act, striking down the commission's definition of autodialer and strict conditions for calling reassigned numbers while upholding consumers' broad leeway to revoke consent.

  • March 15, 2018

    9th Circ. Urged To Rethink HIPAA Probe Coverage Ruling

    Millennium Laboratories asked the Ninth Circuit on Wednesday to rethink its ruling that Allied World Assurance Co. does not have to cover the $5 million it spent defending against a federal investigation, saying its insurance policy entitles it to recover at least part of its expenses.

  • March 15, 2018

    LinkedIn Tells 9th Circ. Startup’s Bots Hurt Competition

    LinkedIn asked a Ninth Circuit panel to nix a judge’s order allowing a startup company to keep using bots to scrape data from public profiles on its website, saying at oral arguments Thursday that the decision undermined the “very values of competition and innovation the district court thought it was protecting.”

  • March 15, 2018

    Cost Error Gives Defense Co. 2nd Shot At $40M Navy Deal

    A government watchdog has told the U.S. Navy to take a second look at a $39.9 million contract awarded to a Florida defense contractor for providing information technology services at the Naval Sea Logistics Center, saying it may have inaccurately evaluated a bid by a South Carolina company as being costlier than it really was.

  • March 15, 2018

    Yelp Can't Shake TCPA Suit Over Calls, Consumer Says

    A consumer leading a proposed class action accusing Yelp Inc. of making unauthorized telemarketing calls blasted the company’s bid to exit the suit Wednesday in California federal court, saying he doesn’t have a business relationship with the company that would exempt it from liability under the Telephone Consumer Protection Act.

Expert Analysis

  • Pitfalls To Avoid When Selecting Document Review Attorneys

    Barry Schwartz

    In the Anthem data breach settlement, U.S. District Judge Lucy Koh criticized, and will most likely strike down, contract attorney fees in the $300 to $400 an hour range. That doesn’t mean everyone should stop using contract attorneys, but it does show that there are multiple things to consider before employing a contract review team, says Barry Schwartz of BIA.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Virtual Currency As Commodity: From Coinflip To McDonnell

    Douglas Arend

    Through a series of public statements and judicial opinions beginning with the 2015 Coinflip action and progressing to a New York federal court’s decision in McDonnell this month, the U.S. Commodity Futures Trading Commission has established itself as the primary regulator of virtual currencies, notwithstanding the absence of clear statutory authority, say Douglas Arend and Jeffry Henderson of Greenberg Traurig LLP.

  • Venmo: The Battle Between App Usability And Compliance

    Jason Sarfati

    Venmo’s settlement with the Federal Trade Commission over privacy concerns should serve as a cautionary tale for all software and application development companies that are seeking to create innovative and user-friendly products, says Jason Sarfati of Joseph Greenwald & Laake PA.

  • Identifying Cybersecurity Best Practices For Financial Firms

    Rishi Zutshi

    As financial services and fintech firms seek to reduce their vulnerability to cyberattacks and mitigate against regulatory and litigation exposure, one key inquiry is the extent to which a company’s cybersecurity controls are consistent with industry best practices. In this regard, a recent report from the World Economic Forum provides a valuable reference point, say Rishi Zutshi and April Collaku of Cleary Gottlieb Steen & Hamilton LLP.

  • Are ICOs In The Crosshairs Of New York’s Martin Act?

    Daniel Alter

    Although much attention has been paid to the U.S. Securities and Exchange Commission’s actions in the initial coin offering space, little thought has been given to the applicability of New York’s own securities fraud statute. That could be a serious oversight, says Daniel Alter of Murphy & McGonigle PC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • 3 Critical Events For Cryptocurrency Exchanges: Part 2

    John Reed Stark

    Coordinated federal initiatives scrutinizing cryptocurrency exchanges may be viewed as alarming by entrepreneurs and their advisers. But we believe such concerns are largely misguided, say John Reed Stark, president of John Reed Stark Consulting LLC, and David Fontaine, CEO of Kroll Inc.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • The Rise Of Cyber-Related Securities Fraud Class Actions

    Cara Peterman

    After a number of prominent cyberattacks on publicly traded companies, the last year saw a corresponding flurry of substantial securities fraud class action filings. Cara Peterman of Alston & Bird LLP has several suggestions for companies to reduce the risk of securities fraud litigation in the wake of a breach.