Cybersecurity & Privacy

  • February 20, 2018

    DOJ Will Form Cybersecurity Task Force

    In the wake of numerous high profile hacks, the U.S. Department of Justice announced Tuesday that it will form a Cyber-Digital Task Force aimed at combating a global cyber threat.

  • February 20, 2018

    DOD Focus On ‘Other Transactions’ Shows Big Year Ahead

    After many years of being ignored as a pathway for bringing commercial technology vendors aboard, Other Transaction Authority has gained traction thanks to recent statutory changes and a renewed focus from the U.S. Department of Defense, making 2018 potentially the biggest year yet for the DOD’s use of it.

  • February 20, 2018

    High Court Won't Review CareFirst Data Breach Standing Row

    The U.S. Supreme Court on Tuesday refused to entertain CareFirst Inc.'s challenge to the revival of a putative class action over a 2014 data breach, preserving what the insurer and its supporters have characterized as a troubling circuit split over whether the mere exposure of consumer data is enough to give plaintiffs standing to move forward with such claims. 

  • February 20, 2018

    FTC Calls Out Web Hosting Services For Phishing Risks

    The Federal Trade Commission said Tuesday that a report by its staff found that some web hosting services targeting small businesses are not providing email authentication and anti-phishing technologies, meaning the companies could be aiding phishing attempts of their customers.

  • February 20, 2018

    Allstate TCPA Suit Passes Spokeo Test, Judge Says

    Allstate Insurance Co. and one of its agents cannot escape a proposed Telephone Consumer Protection Act class action, an Illinois federal judge said Tuesday, finding that the suit met the injury standard set by the U.S. Supreme Court’s Spokeo decision.

  • February 20, 2018

    Justices Refuse Insurer's Costs Case In Junk-Fax Dispute

    The U.S. Supreme Court refused Tuesday to consider a Seventh Circuit decision that federal court was not the place to try to collect a Canadian legal costs award in a long-running dispute between Saskatchewan Mutual Insurance Co. and CE Design Ltd. over junk faxes.

  • February 20, 2018

    EA Says Ex-NFLers Aren't Identifiable In Madden Games

    Electronic Arts Inc. has urged a California federal judge to grant it a win in a putative class action brought by retired NFL players who claim EA improperly used their likenesses to make Madden video games, arguing that the athletes can’t prove they’re readily identifiable in the games.

  • February 20, 2018

    Calif. Actor-Age Law Is Unconstitutional, Judge Says

    A federal judge ruled Tuesday that a California law requiring IMDb to remove an actor’s age information upon request, an effort to fight age discrimination, was “clearly unconstitutional.”

  • February 16, 2018

    Fla. Software Co. Hit With TCPA Class Action Over Calls

    A software company that specializes in condominium and homeowners association communication platforms was hit with a putative class action in Illinois federal court Friday alleging the company violated the Telephone Consumer Protection Act by soliciting people to attend a conference.

  • February 16, 2018

    Spy Court Suggests Lawmakers Ask DOJ For FISA Case Info

    Foreign Intelligence Surveillance Court Judge Rosemary M. Collyer told senior Republican lawmakers Thursday that the court was still analyzing their “novel” requests for documents related to allegations that the U.S. Department of Justice misled the FISC to surveil a Trump campaign adviser, suggesting instead that they go to the DOJ directly.

  • February 16, 2018

    MLBers Want Hearing Over Info In Al Jazeera Libel Suit

    Major League Baseball players Ryan Zimmerman and Ryan Howard are pushing for an answer as to whether Al Jazeera will be forced to hand over information gathered by an undercover investigator for a controversial 2015 documentary that accused them of using performance-enhancing drugs and is the subject of their defamation lawsuit.

  • February 16, 2018

    FCC Halts Bitcoin Miner For Cell Network Interference

    The Federal Communications Commission said it has been forced to come down on a New York man whose operation of a bitcoin transaction monitor was interfering with T-Mobile’s cellular network.

  • February 16, 2018

    Are Insurance Lawyers Ready For The ‘Year Of The Phish’?

    Social engineers who hack humans instead of computers are predicted to make this the “Year of the Phish,” and their evolving scams may well be outpacing your clients’ fraud coverage.

  • February 16, 2018

    Facebook Threatened With $125M Fine For Tracking Belgians

    A Belgian court on Friday ordered Facebook to stop tracking Belgian citizens’ online activity on third-party websites — or face up to €100 million ($125 million) in fines.

  • February 16, 2018

    Uber Says 3rd Time Not Charm For Driver Data Hack Class

    Uber Technologies Inc. on Thursday urged a California federal judge to toss for good a third amended putative class action claiming Uber lied about a 2014 data breach that compromised drivers’ personal information, saying the lead plaintiffs still haven’t demonstrated they were immediately harmed by the hack.

  • February 16, 2018

    SEC Halts Trading In 3 Penny Stocks Tied To Cryptocurrency

    The U.S. Securities and Exchange Commission on Friday suspended trading in three penny-stock companies, questioning the accuracy of recent statements they all made claiming substantial acquisitions in assets tied to cryptocurrency and blockchain technologies.

  • February 16, 2018

    Intel Says Chip Security Flaws Led To 30+ Suits Against It

    Intel said on Friday in a regulatory filing that it is facing more than 30 lawsuits, including proposed consumer and securities class actions, over the discovery in 2017 that security flaws, dubbed Spectre and Meltdown, make virtually every computer chip vulnerable to hacking.

  • February 16, 2018

    Santa Monica Seeks To Toss Airbnb, HomeAway Rental Suit

    The city of Santa Monica asked a California federal judge to toss a suit by home-sharing websites Airbnb and HomeAway challenging an ordinance that requires landlords renting rooms through their sites to first get a license, arguing the legislation is essential to helping the city counter a mounting housing crisis.

  • February 16, 2018

    Mueller Charges 13 Russians With US Election Tampering

    Thirteen Russian nationals and three organizations were charged on Friday with crimes related to interference in U.S. politics, including attempts to influence U.S. voters in favor of then-candidate Donald Trump during the 2016 presidential election, Special Counsel Robert Mueller announced.

  • February 16, 2018

    Hiscox Escapes Trial As Illness Halts Data Protection Case

    The Information Commissioner’s Office will not seek a retrial in its case against Hiscox Underwriting Ltd. over alleged breaches of data protection laws, because a key witness has fallen ill and will not be able to give evidence, a London court heard Friday.

Expert Analysis

  • 10 Government Contracting Trends To Watch This Year

    Joseph Berger

    Recent developments point to continued high total spending on government contracts, which will improve national defense, disaster relief and domestic infrastructure, presenting opportunities and challenges for both agencies and contractors, says Joseph Berger of Thompson Hine LLP.

  • Handling Federal, NY State And NYC Background Check Laws

    Brian Murphy

    State and local laws that overlap and intersect with the Fair Credit Reporting Act's requirements have proliferated in recent years. New York state and New York City employers face perhaps the greatest burden in untangling these competing paradigms, because compliance with one does not ensure compliance with another, says Brian Murphy of Sheppard Mullin Richter & Hampton LLP.

  • Autonomous Drones: Set To Fly, But May Not Comply

    Sara Baxenberg

    A California company has unveiled a fully autonomous "selfie" drone, which promises to stay trained on a moving subject, capturing footage while avoiding any obstacles. But a drone that flies itself may run afoul of a number of Federal Aviation Administration regulations, even if it has fancy obstacle detection and personal tracking, say Sara Baxenberg and Joshua Turner of Wiley Rein LLP.

  • A Look At US And EU Fintech Regulatory Frameworks

    Brian Christiansen

    The regulatory fragmentation on the federal level, and at the U.S. state and EU member state levels, presents challenges and uncertainty for many fintech companies. The resolution of these uncertainties will directly impact the evolution of this sector, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Drawing A Road Map For Nationwide Health Info Sharing

    Christine Moundas

    The U.S. Department of Health and Human Services recently released its draft Trusted Exchange Framework, setting forth a guide for a public-private partnership designed to promote interoperability among health information networks. Attorneys with Ropes & Gray LLP address some of the questions that remain in evaluating whether this new voluntary arrangement will help to achieve its intended goals.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.

  • A 2017 Roundup Of Calif. Anti-SLAPP Appellate Decisions

    Thomas Burke

    California’s anti-SLAPP statute remains the strongest — and most frequently litigated — statute of its kind in the nation. Last year California’s state and federal appellate courts issued 34 published opinions and more than 169 unpublished opinions interpreting the statute. And the California Supreme Court twice reaffirmed the statute’s broad construction, says Thomas Burke of Davis Wright Tremaine LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.