Cybersecurity & Privacy

  • May 22, 2018

    Class Can't Get Quick Win In TCPA Suit Against Solar Co.

    A California federal judge on Monday refused to grant a quick win to a certified class seeking to hold a solar company liable for allegedly bombarding consumers with unwanted robocalls on their cellphones, ruling that questions remained about how many offending calls had been placed and whether class members are entitled to enhanced damages.

  • May 22, 2018

    Horizon Must Cough Up Docs, Data Breach Plaintiffs Say

    Counsel for plaintiffs blasted Horizon Healthcare Services Inc.’s conduct as “inexcusable” Tuesday in urging a New Jersey federal court to compel the insurer to produce documents in a putative consolidated class action over a data breach involving information on roughly 839,000 consumers that was stored on stolen laptops.

  • May 22, 2018

    Consumers Urge 9th Circ. To Revive Crunch Gym TCPA Suit

    A pair of consumer advocates on Tuesday urged the Ninth Circuit to revive a proposed class action against gym chain Crunch San Diego LLC over the company’s alleged spamming of members’ cellphones with promotional text messages, saying Federal Communications Commission autodialer rules are applicable in this case and prohibit the gym’s conduct.

  • May 22, 2018

    CFPB Gets $21M Default Win In Debt-Relief Services Suit

    A Maryland federal judge on Tuesday handed the Consumer Financial Protection Bureau a win by default in its suit over a “debt validation” program that was allegedly marketed with false claims of government affiliation, slapping the no-show defendants with a nearly $21 million judgment.

  • May 22, 2018

    FCC Dismissed Claim Securus Peddled User Data, Atty Says

    A Washington, D.C., telecommunications attorney says it has taken the Federal Communications Commission nearly 10 months to begin looking into allegations he raised that prison telephone company Securus Technologies failed to safeguard personal data of inmates and others.

  • May 22, 2018

    Amazon Touts Face-Recognition Tool To Gov't, ACLU Says

    Amazon has been encouraging local law enforcement in Oregon and Florida to incorporate its facial recognition technology, the American Civil Liberties Union said Tuesday, pointing to documents obtained by the group that it says raise concerns about the tool being abused to conduct surveillance on vulnerable populations.

  • May 22, 2018

    SEC's Clayton Urges ICO Issuers To Reach Out To Agency

    U.S. Securities and Exchange Commission Chairman Jay Clayton on Tuesday encouraged all issuers of digital tokens to reach out to the agency he oversees with questions regarding whether their initial coin offerings are securities subject to SEC regulation.

  • May 22, 2018

    Sens. Whose IDs Used In Fake FCC Posts Tell Pai To Fix Site

    Two senators, one from each party, have told Federal Communications Commission Chairman Ajit Pai to fix a public commenting system that has let bots produce millions of fraudulent comments under stolen identities — including the identities of the senators themselves.

  • May 22, 2018

    Consumers Hit Debt Collector With TCPA Suit

    Diversified Recovery Bureau LLC on Tuesday was hit with a putative class suit alleging that the debt collector violated the Telephone Consumer Protection Act by placing unsolicited calls to their cellphones using an autodialer.

  • May 22, 2018

    House Sends Dodd-Frank Banking Rule Rollback To Trump

    The U.S. House of Representatives on Tuesday passed a major rollback of Dodd-Frank rules, sending a package of financial industry changes that backers say cut costly and burdensome regulations to President Donald Trump, who has indicated his support for the measure.

  • May 22, 2018

    IT Spending Plan To Be Ready Within 90 Days, Treasury Says

    The U.S. Department of the Treasury will provide a five-year plan to lawmakers within 90 days that will outline the department’s plan to invest in information technology upgrades, Treasury Secretary Steve Mnuchin said Tuesday.

  • May 22, 2018

    EU Officials Grill Zuckerberg On Privacy, Antitrust, Legacy

    European lawmakers laid into Facebook founder Mark Zuckerberg on Tuesday for his company’s data privacy failings and raised the prospect of breaking up the social network, which some suggested had amassed an unfair share of power online.

  • May 22, 2018

    Russian-Hired Hacker Asks Judge To Halve 8-Year Sentence

    A Canadian “hacker-for-hire” has urged a California federal court to halve the prison sentence recommended for him by the federal government to four years, arguing that prosecutors have been unable to show a shred of evidence that he caused real-world harm by breaking into 11,000 email accounts.

  • May 22, 2018

    Walmart Shirks Privacy With Self-Checkout Videos, Suit Says

    Walmart Inc. violates Golden State privacy law by using video cameras to record customers’ facial features at self-checkout kiosks, according to a proposed class action that landed in California federal court on Monday.

  • May 21, 2018

    OPM Should Face Revived Data Breach Suit, DC Circ. Told

    The Electronic Privacy Information Center and dozens of experts are backing a bid to revive multidistrict litigation over a 2015 data breach at the U.S. Office of Personnel Management, telling the D.C. Circuit that the Constitution and recent case law support the ability of plaintiffs to sue federal agencies for failing to protect sensitive data.

  • May 21, 2018

    FCC Investigating Cellphone Location-Tracking Co. After Leak

    The Federal Communications Commission is investigating cellphone location data provider LocationSmart after a researcher discovered the company’s website was leaking location data that allowed for the tracking of any AT&T, Sprint, T-Mobile or Verizon phone in the United States without customer consent.

  • May 21, 2018

    Facebook Users To Get Online Notice Of Face-Scan Trial

    Facebook users will be notified of the looming trial in their biometric privacy class action on the platform itself, a California federal judge said Monday, though he scoffed at Facebook’s “hollow” contention the notice could take weeks to post, demanding proof it can’t be done faster.

  • May 21, 2018

    NJ Orders Cos. To Stop Offering Securities In 'Cryptosweep'

    New Jersey officials on Monday ordered three online cryptocurrency-related investment organizations to stop offering unregistered securities in the Garden State, issuing the directives as part of an international crackdown on bogus products.

  • May 21, 2018

    Chicago Trader Admits Stealing $3M In Cryptocurrency

    A 24-year-old Chicago trader admitted Monday that he stole more than $3 million in bitcoin and litecoin from his firm and a group of investors, pleading guilty to one count of wire fraud in the city's first criminal prosecution involving cryptocurrency trading.

  • May 21, 2018

    CFTC Partners With States, Gives Crypto Derivative Guidance

    The U.S. Commodity Futures Trading Commission is entering an agreement with state regulators aimed at slashing red tape and increasing coordination and has put out new guidance on how exchanges should handle cryptocurrency derivatives, the agency's head said on Monday.

Expert Analysis

  • Health Tech Is The New Focus For Cybersecurity Policy

    Elliot Golding

    Over the last year, government reports, enforcement actions and new regulatory proposals have thrown health care technology into the limelight. While the Health Insurance Portability and Accountability Act is already one of the country's most robust privacy and security laws, the government is seeking to fill some significant gaps in regulation, says Elliot Golding of Squire Patton Boggs.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • 5 Questions You Should Ask About Your Global Equity Awards

    William Woolston

    U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.

  • Facing The Homestretch Of GDPR Prep: Part 3

    Video

    The EU General Data Protection Regulation implementation date — May 25 — is one week away. In this video, Brian Hengesbaugh of Baker McKenzie discusses how companies can set realistic short- and long-term goals.

  • California May Pass Its Own GDPR

    Purvi Patel

    If approved by voters in November, the California Consumer Privacy Act would impose a sweeping privacy regime like the EU’s General Data Protection Regulation. The act covers virtually all information a business has about a consumer, expanding far beyond traditional notions of personal information, say Purvi Patel and Alexandra Laks of Morrison & Foerster LLP.

  • 11th Circ. Adds To Chorus Addressing Cyber Insurance

    J. Robert MacAneney

    On May 10, the Eleventh Circuit held in InComm v. Great American that computer fraud coverage did not apply to prepaid debit card holders who exploited a coding error in the insured's computer system. While this case does not involve social engineering fraud, it is nonetheless instructive on some of the key issues common in such disputes, say Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • How 1 Court Is Shaping The Future Of Crypto Regulation

    Deborah Meshulam

    The McDonnell and Zaslavskiy actions in the Eastern District of New York are initial cryptocurrency cases where government regulators are testing their jurisdictional theories. Both cases will help chart the course for future enforcement in an industry where the law has struggled to keep pace with technology, say Deborah Meshulam and Benjamin Klein of DLA Piper.

  • The Burden Of Medical Records During Bankruptcy

    Kenya Woodruff

    Companies in the health care industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. Maintenance and storage of medical records is complicated further because of debtors' lack of financial resources, say attorneys with Haynes and Boone LLP.