Cybersecurity & Privacy

  • December 18, 2017

    Health Care Co. Faces Biometrics Suit Over Finger Scan

    Illinois’ Presence Health Network was hit with a lawsuit in state court on Friday by a proposed class of current and former employees that says the company’s finger-scan time-keeping practices violate the state’s biometric privacy laws.

  • December 15, 2017

    DC Circ. Gives Reporters Another Shot In FBI Fake News Row

    The D.C. Circuit on Friday revived the Reporters Committee for Freedom of the Press' and the Associated Press' bid to learn more about the FBI's alleged practice of impersonating journalists and crafting fake news articles to catch suspected criminals, ruling that the federal government hadn't provided enough information about what it had done to locate relevant records. 

  • December 15, 2017

    Mobile Content Exec Convicted In $100M Scheme

    The former CEO of a mobile content company was convicted Friday on eight counts linked to a $100 million scheme to place unauthorized charges on consumers' phone bills, prosecutors announced, yielding a retrial win after a former jury deadlocked.

  • December 15, 2017

    FBI Agent's Ex-Wife Won't Get 1st Circ. Redo Of Privacy Row

    The First Circuit on Thursday stood by its refusal to revive a lawsuit in which the ex-wife of an FBI agent accused the federal government of negligently supervising his use of the bureau's surveillance equipment, which she said he used to keep track of her during their marriage.

  • December 15, 2017

    Hotel Biz Says Ex-Worker Can't Sue Over Fingerprint Data

    Pineapple Hospitality Co. urged an Illinois federal court Friday to dismiss class allegations that the luxury hotel management company violated the state’s stringent biometric data law by collecting worker fingerprints, saying the ex-worker bringing the suit cannot prove workers were harmed by the practice.

  • December 15, 2017

    Uber Driver Objectors Call $7.5M Deal 'Outrageously Low'

    Hundreds of objectors to a $7.5 million deal ending a class action against Uber for allegedly violating the Fair Credit Reporting Act by using background checks without applicants’ knowledge to make hiring decisions urged a California federal judge Thursday not to approve the "outrageously low" settlement amount.

  • December 15, 2017

    BART Derails App User's Data-Collection Class Action

    A California federal magistrate judge has tossed a putative class action alleging the San Francisco Bay Area's public rail system secretly collected users' personal data with its BART Watch smartphone app, but said the claims could be salvaged in a more thorough complaint.

  • December 15, 2017

    DOJ Atty Says Surveillance Program Vital For US Security

    A high-level Justice Department official warned Thursday of grave threats to national security if Congress fails to extend authorization for a controversial surveillance program or significantly rolls it back, saying communications between foreign individuals abroad collected through the program have thwarted terrorist plots and saved American lives.

  • December 15, 2017

    Health Hires: Holland & Knight, EBG, Quarles, Ciitizen

    Over the last few weeks, Holland & Knight LLP, Epstein Becker Green, Quarles & Brady LLP and medical records startup Ciitizen have grown their health care and life sciences teams with pros from Laredo & Smith LLP, LifePoint Health and the U.S. Department of Health and Human Services.

  • December 15, 2017

    A Chat With Orrick COO Laura Saklad

    In this new monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The first conversation is with Laura Saklad, chief operations officer for Orrick Herrington & Sutcliffe LLP.

  • December 15, 2017

    MVP: King & Spalding's Phyllis Sumner

    King & Spalding LLP’s Phyllis Sumner was tapped this fall to head the team steering credit reporting giant Equifax through the legal fallout from a massive data breach that compromised the personal information of more than 145 million Americans and spawned class action lawsuits, congressional hearings and regulatory probes, landing her a spot among Law360's 2017 Cybersecurity & Privacy MVPs.

  • December 14, 2017

    AGs Want High Court To OK Microsoft Overseas Data Access

    A coalition of 35 state attorneys general urged the U.S. Supreme Court on Wednesday to strike down a ruling that the federal government can’t access user data stored overseas by Microsoft, saying the “remarkable” decision gives too much control to private companies, while the European Commission and the U.K. and Irish governments separately weighed in on the dispute.

  • December 14, 2017

    Conspirator In Fake-Business-Invoice Scam Gets 41 Months

    A Nigerian national involved in a conspiracy to steal at least $25 million from businesses through sham invoice emails — what prosecutors called “the financial crime of choice for many criminal organizations” — was sentenced Thursday to 41 months.

  • December 14, 2017

    Feds Should Ask Firms, Not Cloud Service, For Data: DOJ

    The U.S. Department of Justice has advised prosecutors seeking consumer data stored on the cloud to request the information from underlying businesses rather than their third-party data storage providers, in a shift that Microsoft Corp., which has been sparring with the government over online privacy rights, hailed as a positive step.

  • December 14, 2017

    House OKs Bill Loosening Bank Privacy Disclosure Rules

    The U.S. House of Representatives passed a bill Thursday that would loosen current requirements for banks to notify their customers of personal information policies, claiming the bill would reduce duplicative regulation despite concerns for abuse of the information.

  • December 14, 2017

    SEC Gets Extension Of Asset Freeze For Digital Coin Offerer

    A New York federal judge on Thursday signed off on the U.S. Securities and Exchange Commission’s bid to extend an asset freeze against the initial coin offering business allegedly involved in what the agency has claimed was a $15 million scam run by a Quebecois couple.

  • December 14, 2017

    Expanded Drone Registry To Spark More Enforcement Action

    A legislative fix signed into law by President Donald Trump on Tuesday reinstated a mandate for recreational drone users to register with the federal government, a move that experts say paves the way for more enforcement actions related to privacy, safety and national security.

  • December 14, 2017

    Split Texas Panel Sides With AG In Medicaid Docs Fight

    A split Texas appellate panel on Thursday sided with Texas Attorney General Ken Paxton in his fight over access to documents regarding health care service providers' claims for Medicaid reimbursement, overturning a district court win for the Texas Health and Human Services Commission, which had argued the documents weren't subject to open records laws.

  • December 14, 2017

    Cisco’s Acts In IP Row Don’t Seem 'Egregious,' Judge Says

    A California federal judge indicated Thursday that she’d likely toss willful infringement allegations from Finjan Inc.’s suit accusing Cisco Systems Inc. of buying and using technologies from a smaller company that infringe its cybersecurity patents, saying she didn’t see “egregious conduct” in the pleadings.

  • December 14, 2017

    MVP: Lieff Cabraser's Michael Sobol

    Lieff Cabraser Heimann & Bernstein LLP’s Michael Sobol scored a significant win for consumers this year when he helped secure a $115 million settlement for those impacted by the massive Anthem data breach, earning him a place as one of Law360’s 2017 Cybersecurity & Privacy MVPs.

Expert Analysis

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • High Court Gets Ready To Weigh Privacy Vs. Public Safety

    Bob Anderson

    On Nov. 29, the U.S. Supreme Court will hear arguments in Carpenter v. United States — a case that could dramatically affect the future of surveillance, potentially requiring law enforcement to secure a warrant each time it seeks cell tower data and similar types of metadata, says Bob Anderson, leader of Navigant Consulting Inc.'s information security practice.

  • Florida Amendment 7 Objections Are On Life Support

    Corey Lapin

    Although the citizens of Florida voted to amend the state's constitution in 2004 to allow nearly unfettered access to records of “adverse medical incidents,” defendants have continued to use new and refined theories in response to Amendment 7 discovery requests. The recent ruling in Edwards v. Thomas may put an end to many of these tactics, says Cory Lapin of Manion Gaynor & Manning LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.