Cybersecurity & Privacy

  • September 27, 2017

    NY Subpoenaed Equifax For Info On Data Breach

    New York’s financial regulator subpoenaed Equifax Inc. earlier this month seeking more information on the hack that exposed the personal information of around 143 million Americans, as well as the company’s response to it.

  • September 27, 2017

    Sonic Drive-In Restaurant Chain Confirms Data Breach

    Fast-food restaurant chain Sonic Drive-In’s operating company confirmed Wednesday that its burger joints have been hit by a customer data breach potentially affecting millions of consumers’ data and credit cards.

  • September 27, 2017

    Research Firm, Ad Co. Pay $5.5M To End TCPA Suit

    Zacks Investment Research Inc. and the marketing company Response North LLP have struck a $5.48 million deal to resolve a putative class action alleging they violated the Telephone Consumer Protection Act by auto-dialing consumers’ cellphones without consent, according to court documents filed in California federal court.

  • September 27, 2017

    US Asks China Not To Implement Cybersecurity Law

    The U.S. government has asked China not to move ahead with the implementation of a controversial cybersecurity law, warning that the measure could have a chilling effect on trade in the lucrative tech sector, according to a World Trade Organization document published on Tuesday.

  • September 26, 2017

    Online Punk Of Kushner Atty Shows Holes In Email Security

    An email prank on Jared Kushner’s lawyer, a veteran of high-stakes political dramas, may be good for a chuckle, but law firm security experts say bogus emails and online “phishing” are no joke for attorneys.

  • September 26, 2017

    Patient Hits Aetna With Privacy Class Action Over Letters

    A California patient slapped Aetna Inc. with a proposed class action in federal court Monday over confidential HIV-related medical records the company allegedly exposed when it mailed medical information in envelopes with a large, clear plastic front.

  • September 26, 2017

    Calif. Judge Certifies 2 Classes In VW Autodialing Suit

    A California federal judge on Monday certified two classes of Volkswagen owners who claim the automaker and a marketing company illegally targeted their cellphones with autodialed calls in violation of the Telephone Consumer Protection Act, but cut one of the four named vehicle owners from the suit because he agreed to be contacted.

  • September 26, 2017

    SEC Forms Enforcement Unit To Combat Cyberthreats

    The U.S. Securities and Exchange Commission has announced the creation of a unit to combat cyber-related offenses, with Monday's statement coming just days after the agency revealed that its electronic filing system for company disclosures had been hacked and that the culprits may have traded on the information.

  • September 26, 2017

    IRS Launches New Cybersecurity Campaign For Tax Pros

    As the fallout from the massive Equifax data breach continues, the IRS is launching a new cybersecurity campaign to assist tax professionals with their obligation to protect sensitive taxpayer information.

  • September 26, 2017

    San Francisco First City To Sue Equifax Over Breach

    San Francisco on Tuesday became the first city to sue credit reporting firm Equifax Inc. over its massive data breach, accusing the company of violating California business law on behalf of the 15 million state residents affected by the breach.

  • September 26, 2017

    McSweeny To Stay On At FTC Until Reinforcements Arrive

    With just two commissioners in place and no reinforcements on the horizon, Democrat Terrell McSweeny has decided to continue on at the Federal Trade Commission even though her term expired Monday.

  • September 26, 2017

    Dems Push For Clawbacks On Departing Equifax CEO's Pay

    Senate Democrats on Tuesday blasted the resignation of Equifax Inc. Chairman and CEO Richard Smith, saying that the longtime executive should see at least some of his compensation clawed back and that he should not escape a hearing before a key Congressional panel.

  • September 26, 2017

    SEC Chairman Feels Bipartisan Heat On Breach Disclosure

    The U.S. Securities and Exchange Commission’s chairman on Tuesday faced bipartisan criticism of his agency’s delay in notifying the public about a breach of a key corporate data filing system that may have allowed hackers to trade on nonpublic information.

  • September 26, 2017

    Equifax CEO Smith Steps Down Amid Data Breach Furor

    Equifax Inc. on Tuesday announced that its chairman and CEO, Richard Smith, was retiring in the wake of the destructive data breach at the consumer credit reporting bureau that saw vital personal data of around 143 million Americans exposed to potential thieves.

  • September 25, 2017

    Feds Need Warrant For Stingray Tracking, DC Top Court Says

    The District of Columbia’s highest court has ruled that law enforcement must obtain a search warrant before deploying cellphone tracking devices known as Stingrays in overturning the robbery and sexual abuse conviction of a man who argued that the warrantless use of this technology violated his Fourth Amendment rights.

  • September 25, 2017

    Amazon Applicants Eye Class Cert. In Background Check Suit

    Two Amazon.com job applicants who claim the e-commerce giant performed consumer background checks on them without following strict legal requirements asked a Florida federal court on Friday to certify a nationwide class, saying the court has already found illegal a disclosure form that all putative class members signed.

  • September 25, 2017

    Burns & Levinson Adds Cybersecurity Partner From DLA Piper

    Boston-based Burns & Levinson LLP has added a cybersecurity and data privacy attorney from DLA Piper to its intellectual property group, the firm said recently, noting he’s the fifth IP partner to join the firm in four months.

  • September 25, 2017

    Mass. AG Backs Bill To Aid Consumers In Equifax Hack

    Massachusetts Attorney General Maura Healey on Monday backed state legislation meant to boost data breach protections, which would allow consumers to initiate and lift credit freezes for free and expand their access to free credit reports if their data is stolen.

  • September 25, 2017

    Ill. Gov. Vetoes Geolocation Privacy Bill Over Job Concerns

    Illinois Gov. Bruce Rauner vetoed a bill Friday that would have required smartphone apps to get users' consent to collect and disclose their geolocation data, citing the bill’s potential to cause job loss and increase bureaucratic red tape in the state.

  • September 25, 2017

    SEC Has 2 Ongoing Investigations Into EDGAR Hack

    The U.S. Securities and Exchange Commission has opened two separate investigations into the hack of EDGAR, a key electronic filing system for public company disclosures, the commission’s chairman said in written testimony submitted to a Senate panel on Monday.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

    Wagner.jpg

    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.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Reinventing The Federal Trade Commission

    David Anthony

    Last month, Maureen Ohlhausen, acting chairman of the Federal Trade Commission, announced several “internal process reforms” in the agency’s Bureau of Consumer Protection. That announcement is the most recent evidence that she intends to put her own stamp on the FTC, say attorneys with Troutman Sanders LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • The State Of Biometrics Technology: The Uses, The Concerns

    Haydn Evans

    Despite early implementations dating back to the 2000s, biometrics technologies are still an emerging trend. Biometric identification and validation techniques are being introduced to new and more innovative industries — for both security purposes and personal convenience, says Haydn Evans of CPA Global.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.