Cybersecurity & Privacy

  • August 15, 2017

    Exec Details Mobile Messenger 'Auto-Subscribe' Scam At Trial

    A former mobile technology company executive dominated the second day of the retrial of two ex-colleagues accused of participating in a scheme that reaped millions by signing unknowing consumers up for messaging services, testifying Tuesday that one of the men encouraged him to get involved and to play along when things got rocky.

  • August 15, 2017

    Spokeo Ruling Deals Blow To Cos. But May Have Silver Lining

    The Ninth Circuit's decision Tuesday that the harm stemming from an allegedly inaccurate consumer report published by Spokeo Inc. was concrete enough to establish standing gives class action plaintiffs a boost in their bids to block defendants from making quick exits, but the panel's fact-specific analysis may limit the ruling's broader application and leave companies with a stronger defense down the line, attorneys say.

  • August 15, 2017

    'Public Figure' Says Gay Porn Site Extorts With IP Claims

    An anonymous Los Angeles resident who claims he is a public figure says that gay porn site Flava Works Inc. makes bogus allegations about the pirating of copyrighted videos as a front for extorting users who don’t want their association with the website known, according to a lawsuit filed in California federal court Tuesday.

  • August 15, 2017

    HBO Partner Says 4 Arrested For 'Game Of Thrones' Leak

    An Indian media and entertainment company and HBO distribution partner owned by 21st Century Fox announced Tuesday that four arrests had been made related to the leak of an unaired “Game of Thrones” episode earlier this month.

  • August 15, 2017

    Law Firm, Insurer Shared Driver's License Details, Suit Says

    A Progressive Insurance subsidiary and a debt-collection law firm were hit with a proposed class action in Wisconsin federal court Monday that accuses them of sharing individuals' driver's license numbers in court documents, in violation of the Driver's Privacy Protection Act.

  • August 15, 2017

    Fla. Consumer Fights To Keep Burger King Receipt Suit Going

    A Florida man urged a federal court Monday to deny Burger King's bid to dismiss his proposed class action alleging the restaurant printed too many credit card digits on receipts, arguing that his claim meets the requirement for “concrete injury” established in 2016 by the U.S. Supreme Court.

  • August 15, 2017

    UK Man Tied To Trump Dossier Must Testify In BuzzFeed Row

    A Florida federal judge declined Tuesday to allow a British security company director who is widely believed to have compiled a dossier alleging Russia has compromising information on President Donald Trump to intervene in a Russian technology executive's defamation suit against BuzzFeed over the publication of his name in the dossier.

  • August 15, 2017

    Fla. Judge Grants Initial OK To Revised $3.5M Insurer Fax Deal

    After a second round of revisions, a Florida federal judge on Tuesday gave preliminary approval to a $3.5 million settlement to resolve a junk fax class action against Banner Life Insurance, William Penn Life Insurance and an insurance agency.

  • August 15, 2017

    Apple, Others Tell Justices Cell-Site Info Requires Warrant

    Companies including Apple, Facebook, Google, Twitter and Verizon on Tuesday urged the U.S. Supreme Court to rule that a warrant is needed to obtain historical cellphone location records, arguing that existing Fourth Amendment doctrine should be expanded to reflect new technological realities.

  • August 15, 2017

    Insurance Agent Challenges Fla.'s Telemarketing Law

    A registered insurance agent has asked a Florida federal court to declare the Florida Telemarketing Act unconstitutional for vagueness after an investigation and arrest — on charges that were later dropped — forced him to close his business.

  • August 15, 2017

    Web-Enabled Vibrator Class Action Ends With $3.75M Deal

    An Illinois federal judge signed off on a $3.75 million settlement in a class action involving web-enabled vibrators Tuesday, ending claims the company that sold them collected data on their customers’ usage of the sex toys.

  • August 15, 2017

    Insurer Says Privacy Clause Isn't Part Of Contract

    Combined Insurance Co. of America asked an Illinois federal court on Monday for summary judgment on breach of contract claims in a suit in which a Dillard’s employee accused the insurance company of violating a pledge to keep private personal information off the internet.

  • August 15, 2017

    Uber Settles With FTC Over Privacy Misrepresentations

    The Federal Trade Commission announced on Tuesday that it has reached a non-monetary agreement with Uber to settle allegations that the company failed to properly protect consumers’ personal information, with the ride-hailing giant agreeing to implement a comprehensive privacy program designed to address privacy risks and protect consumers’ confidential information.

  • August 15, 2017

    Privacy Groups Urge Justices To Look At FISA Surveillance

    Privacy advocates have urged the high court to review and overturn a ruling enabling the government to intercept and sift through the personal data of U.S. citizens without a warrant, arguing that a foreign surveillance law is overbroad and fails to protect the constitutional rights of Americans.

  • August 15, 2017

    9th Circ. Says FCRA Claims Meet Standing Bar In Spokeo Row

    The Ninth Circuit ruled Tuesday that a man who accused Spokeo of violating the Fair Credit Reporting Act by allegedly reporting inaccurate information about him had claimed a sufficiently concrete injury to meet the Article III standing bar established by the U.S. Supreme Court in the dispute last year.

  • August 14, 2017

    Retrial In $50M Texting Scam Gets Underway

    The retrial of two executives at a mobile technology company accused of cheating consumers out of $50 million by signing them up for messaging services without their permission began Monday in New York federal court, after an earlier trial ended in a hung jury.

  • August 14, 2017

    Miami Sex Club Escapes Ad Firm's Bid For Sanctions

    A Florida federal judge on Monday tossed a design firm's bid for sanctions in a discovery dispute with a Miami sex club that allegedly used models' images without permission, saying the ad company's counsel failed to confer first with those who might be affected by sanctions.

  • August 14, 2017

    Fetal Tissue Researchers Must Prove Privacy Need: 9th Circ.

    The Ninth Circuit reversed a ruling Monday preventing an anti-abortion organization from obtaining identifying information for University of Washington fetal tissue researchers, saying more information was needed on how the disclosure would violate the researchers' constitutional rights and remanding the matter back to the lower court.

  • August 14, 2017

    Man Who Stopped WannaCry Won't Cop To Kronos Malware

    The British cybersecurity researcher who is credited with halting the global WannaCry ransomware attack pled not guilty Monday in Wisconsin federal court to charges that he helped to create and spread the Kronos banking Trojan malware, which harvested the private information of online banking users. 

  • August 14, 2017

    Cell Location Searches Assailed In Raft Of High Court Briefs

    A slew of digital rights, press freedom and Fourth Amendment advocates urged the U.S. Supreme Court on Monday to rule that the government can’t obtain historical cellphone location records without a warrant.

Expert Analysis

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Venturing Into The Land Of Location Data Collection

    Sheila Pham

    As mobile apps become more customizable to users’ experiences and locations, the data provided and potentially obtained through those customizations become more specific and personal. However, where technology continues to advance at a rapid rate, the law often follows far behind, say Sheila Pham and Mark Mao of Troutman Sanders LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Texts And Message Apps Are Changing Internal Investigations

    Jessica Nall

    The near-universal use of text messaging and other mobile communication platforms should prompt a major shift in how evidence is gathered and considered in internal corporate investigations, say Jessica Nall and Claire Johnson of Farella Braun & Martel LLP.

  • Toward A Culture Of Continuous Cybersecurity

    Michael Bahar

    The U.S. Securities and Exchange Commission this week released a risk alert highlighting the results of its Cybersecurity 2 Initiative, which reveals a critical cybersecurity truth — that it is not enough just to set up a program and plug existing leaks, say Michael Bahar and Brian Rubin of Eversheds Sutherland.