We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Cybersecurity & Privacy

  • September 24, 2018

    Hilton Calling System Isn't An Autodialer, Court Says

    Hilton Grand Vacations has won its quick-win bid in a proposed class action alleging that the company bombarded consumers with unwanted robocalls, with a Florida federal judge holding Monday that the woman leading the suit did not show that the calls she received were made using an autodialer.

  • September 24, 2018

    Cryptocurrency Creators Say 'Nano' Coin Is Not A Security

    The company that created the cryptocurrency Nano asked a New York federal judge on Friday to dismiss a proposed class action alleging that it steered coin buyers toward an Italian exchange that lost hundreds of millions of dollars' worth of the digital currency to hackers, saying the tokens are not securities subject to securities law.

  • September 24, 2018

    Fingerprint Door-Lock Maker Hit With Ill. Biometrics Suit

    The manufacturer of a door lock that opens with the touch of a finger is the latest company to face a lawsuit under Illinois’ Biometric Information Privacy Act, with a proposed class of customers claiming U-Tec didn’t meet the law’s disclosure requirements.

  • September 24, 2018

    OMB Unveils New Cloud Strategy In Tech Modernization Push

    The White House Office of Management and Budget released a proposed “Cloud Smart” strategy Monday, meant to drive increased federal adoption of cloud computing by slashing red tape and improving related acquisition, employment and cybersecurity practices.

  • September 24, 2018

    3rd Circ. Revives FDCPA Suit Over IRS Reporting Language

    A statement in debt collection letters saying forgiveness of the debt may be reported to the IRS could constitute a violation of the Fair Debt Collection Practices Act because the debts in question were too small to be reported, the Third Circuit in a precedential opinion ruled on Monday in reviving a potential class action against Midland Credit Management Inc.

  • September 24, 2018

    Ex-Symantec CEO To Lead DOD Tech Outreach Unit

    Former Symantec CEO Michael Brown, the author of a prominent recent paper on Chinese investment in U.S. technology startups, has been chosen to lead the U.S. Department of Defense's technology industry outreach arm, the Defense Innovation Unit, the DIU announced Monday.

  • September 24, 2018

    Mintz Levin Adds Ex-SDNY Prosecutor To White Collar Team

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired a former federal prosecutor for the Southern District of New York in expanding its corporate investigations, enforcement and white collar practices in New York, the firm has announced.

  • September 24, 2018

    Ross Ordered To Give Deposition In Census Citizenship Row

    U.S. Secretary of Commerce Wilbur Ross must sit for a deposition on the addition of a question to the 2020 census concerning the citizenship status of respondents, as the federal government has made it clear that he was personally involved in the decision, a New York federal court held on Friday.

  • September 24, 2018

    15 Minutes With Pure Storage's General Counsel

    Joe FitzGerald's experiences working at several different Silicon Valley companies have taught him the value of humor and humility. Here, he discusses the similarities he sees between the General Data Protection Regulation and Y2K, how he continuously adapts to changing privacy regulations and how his data security plans have evolved over time.

  • September 21, 2018

    5G Uses And Regulatory Hurdles: What You Need To Know

    As the 5G technology standard takes shape and major wireless carriers push to make the service commercially available by next year, experts have identified virtual reality, self-driving cars and artificial intelligence as some of the top applications for the souped-up wireless networks. But regulatory hurdles and legal questions still beset the innovations.

  • September 21, 2018

    ​​​​​​​9th Circ. Heats Up TCPA Debate With Broad Autodialer Take

    The Ninth Circuit's decision Thursday to endorse an extremely broad definition of what constitutes an autodialer under the Telephone Consumer Protection Act opens the door not only for more litigation to thrive under the statute, but also for the U.S. Supreme Court or Federal Communications Commission to step in and deliver some long-sought clarity, attorneys say. 

  • September 21, 2018

    UK Privacy Watchdog Hits Data Firm With 1st GDPR Notice

    Britain's data privacy watchdog has hit a Canadian data analytics firm that reportedly produced targeted advertisements for pro-Brexit campaigns with the first-ever enforcement notice under the European Union's new General Data Protection Regulation.

  • September 21, 2018

    Don't Weaken Autodialing Rules, Consumer Groups Tell FCC

    As the Federal Communications Commission considers changing its criteria for dialing systems that fall under the purview of the Telephone Consumer Protection Act, consumer groups are urging the commission to broaden its definition of “autodialer” to better protect recipients of unwanted mass texts.

  • September 21, 2018

    Banks Fight Equifax's Bid To Ax Data Breach Claims

    Financial institutions on Thursday urged a Georgia federal court to deny Equifax Inc.'s bid to toss their claims in multidistrict litigation stemming from a massive 2017 data breach, saying the money and time spent to protect their customers' data is a valid injury directly tied to Equifax's allegedly deficient data security measures.

  • September 21, 2018

    Facebook Users In 9th Circ. Stand By Privacy Claims

    Several Facebook Inc. users stood strong in their Ninth Circuit bid to revive multidistrict litigation accusing the social media giant of unlawfully tracking people's browsing activity after they sign out, asserting that the company's view that they deserve no recourse for its knowing deception defies "common sense and common decency."

  • September 21, 2018

    Uber Gets Customer's TCPA Suit Sent To Arbitration

    An Illinois federal judge agreed that an Uber user leading a proposed Telephone Consumer Protection Act class action against the ride-hailing company consented to arbitrate any disputes when he signed up for the app, sending the suit to arbitration Thursday.

  • September 20, 2018

    Challenge To No-Fly List Airborne Again, 9th Circ. Says

    The Ninth Circuit ruled Thursday that the government must face a suit brought by a naturalized U.S. citizen who alleges it put his name on the no-fly list to try to induce him to become an informant, reversing an Oregon federal court’s decision.

  • September 20, 2018

    3rd Circ. Backs Penn State Email Probe, 'Dismayed' By Tactics

    A Third Circuit panel on Thursday backed a lower court decision to toss a lawsuit accusing two state investigators of illegally obtaining a Penn State University employee’s work emails, saying while it was “dismayed” by the pair’s use of an improper subpoena, her employers had the authority to hand them over.

  • September 20, 2018

    Facebook Must Fix Data Policy Or Face Action, EU Says

    A top European Commission official on Thursday slammed Facebook for its "misleading" new data use policy and warned that the site could face sanctions if it doesn't comply with European consumer law by the end of the year, while separately praising Airbnb for making several "necessary" pricing disclosure and consumer redress changes.

  • September 20, 2018

    PayPal Investors Face Skeptical Judge In Hack Class Action

    A California federal judge seemed skeptical Thursday about whether a proposed class of PayPal shareholders’ data breach suit could move forward, saying his “biggest issue” was the suit’s reliance on confidential witnesses, whose allegations were “pretty amorphous,” especially when it came to showing the company knowingly hid the breach in an early press release.

Expert Analysis

  • An Update, Not A Transformation, Of CFIUS Review Process

    Scott Flicker

    The Foreign Investment Risk Review Modernization Act, a reform of the review process overseen by the Committee on Foreign Investment in the United States, has just been signed into law. But to a great extent, it merely codifies CFIUS’ current practice of expansively interpreting its jurisdiction, stretching review timelines and taking a broad view of national security, say attorneys with Paul Hastings LLP.

  • San Francisco Follows Chicago With Privacy Plan

    Xiaoyan Zhang

    San Francisco is the second major city to take expansive action to protect residents from the misuse and misappropriation of their personal data by corporations for profit. However, this proposed policy initiative differs from Chicago's proposed ordinance in at least three major ways, say Xiaoyan Zhang and Ariana Goodell of Reed Smith LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Trends In Protection Of Anonymous Online Speech

    Margaret Krawiec

    Soon the Texas Supreme Court will consider under what circumstances Glassdoor should be compelled to reveal the identities of anonymous reviewers. Skadden attorneys Margaret Krawiec and Thomas Parnham discuss how courts over the years have answered the fundamental First Amendment question of whether to unmask an internet user who chooses to speak anonymously.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • The SEC Thinks Most Tokens Are Securities, For Now

    Robert Rosenblum

    A common misconception in the cryptocurrency community has been the belief that because a token is intended to have utility in the future, it is not a security at the time it is issued. However, based on certain features of the tokens and how they are typically offered, the U.S. Securities and Exchange Commission has concluded otherwise, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • NY Cyber Rules: Preparing For The September Deadline

    Richard Naylor

    If you began complying with the New York Department of Financial Services requirements last year, your cybersecurity program is already in place, which should streamline compliance for the next deadline. The controls required to be in place by Sept. 1, 2018, cover five areas, says Richard Naylor of Murphy & McGonigle PC.

  • Favoring Coverage For Business Email Compromise Losses

    Jan Larson

    As insureds and insurers continue to litigate over coverage for fraudulently induced monetary transfers, two recent decisions from the Second and Sixth Circuits have favored insureds. However, this sector of law is still developing and insureds should pay close attention to pending cases like Principle v. Ironshore in the Eleventh Circuit, say Jan Larson and Raymond Simmons of Jenner & Block LLP.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.