Cybersecurity & Privacy

  • November 13, 2017

    Watchdog Orgs. Urge Transparency In Online Election Ads

    Technology and privacy advocacy groups told the Federal Election Commission Friday that it should require disclosures in online political ads after covert Russia-sponsored propaganda was found to have influenced the 2016 presidential election, with at least one group suggesting that broadcast advertising guidelines should apply to web content.

  • November 13, 2017

    DC Court Reins In Facebook Warrants Linked To Riots

    The D.C. Superior Court has restricted the scope of search warrants issued for three Facebook accounts linked to the 2017 presidential inauguration riots, ordering Facebook to redact all third-party identifying information and forbidding the government from sharing or keeping any irrelevant material it finds.

  • November 13, 2017

    Job Seeker Tells High Court FCRA Rows Not Nixed By Spokeo

    A job applicant pressing Fair Credit Reporting Act suits against Time Warner Cable and Great Lakes Higher Education is urging the U.S. Supreme Court to revive his cases, arguing that the companies’ allegedly deficient information disclosures constituted the type of “substantive” injury sufficient to establish standing under the high court’s Spokeo decision.

  • November 13, 2017

    Invoking J. Edgar Hoover, DC Circ. Doubts FBI's FOIA Claims

    A D.C. Circuit panel showed little patience Monday for FBI assertions that the government adequately searched under the Freedom of Information Act for records of agents impersonating journalists, with one judge invoking his tenure with the U.S. Department of Justice and the time he found J. Edgar Hoover’s files as indication that a determined effort can often turn up sought-after records.

  • November 13, 2017

    Sens. Strike Deal To Raise Threshold For Tougher Bank Rules

    A bipartisan group of senators on Monday unveiled a narrow deal to ease bank rules, including raising the asset level at which banks are subjected to enhanced supervision and other measures aimed at easing compliance for community banks.

  • November 13, 2017

    Mo. AG Investigating Google's Competition, Privacy Practices

    Missouri Attorney General Josh Hawley said Monday his office has subpoenaed Google Inc. as part of a larger investigation into whether the tech giant’s alleged collection of user data, use of competitors’ content and manipulation of search results violate state consumer protection and antitrust laws.

  • November 9, 2017

    Eddie Bauer Can't Shake Credit Union's Data Breach Suit

    A Washington state federal judge on Thursday refused to toss a credit union's putative class action over a data breach at Eddie Bauer LLC, finding that allegations that the retailer failed to take reasonable security measures and to guard against unauthorized access to account holders' information were enough to prop up negligence and state law claims. 

  • November 9, 2017

    Hotel Co. Wants Biometric Class Action Moved To Fed. Court

    Luxury hotelier Pineapple Hospitality Co. and affiliate Pineapple Restaurant Group LLC on Thursday petitioned to remove to Illinois federal court a putative class action that alleges the companies violated the Illinois Biometric Information Privacy Act by collecting and using workers’ fingerprints to keep time records.

  • November 9, 2017

    Ex-CEO Seeks Ch. 11 Legal Fee OK To Fight Altegrity Suit

    The former CEO of security screener Altegrity Inc. has asked a Delaware bankruptcy court to lift restrictions on company insurer payments for her defense against a post-confirmation damage suit, saying she is “unambiguously entitled” to the funds.

  • November 9, 2017

    SEC Likely To Revisit Cybersecurity Guidance, Official Says

    The U.S. Securities and Exchange Commission likely will issue new guidance to public companies on disclosing cybersecurity incidents, a top official said Thursday, in a sign that the agency is looking to improve industry practices that have been criticized in the wake of massive breaches at companies like Equifax Inc. and Yahoo Inc.

  • November 9, 2017

    Privacy Rights Exist After Death, Fla. High Court Says

    The Florida Supreme Court on Thursday ruled that citizens have a right to privacy even after death under the Florida Constitution and also struck down part of the state’s prefiling requirements for people bringing medical malpractice claims, saying they blocked access to the courts.

  • November 9, 2017

    Ace Insurance Sued To Cover $8M Grubhub Ad Texting Deal

    An Illinois woman told a New York federal court Wednesday that ACE American Insurance Co. is wrongly trying to use an exclusion meant for anti-spam suits to avoid paying an $8 million settlement that food-delivery service Grubhub reached last year over unwanted, individualized advertising texts.

  • November 9, 2017

    Senate Panel Delays Vote On Trump's Pick To Head DHS

    A Senate committee Thursday pushed back a vote on President Donald Trump’s pick to head the U.S. Department of Homeland Security to give the nominee time to answer a slew of post-hearing questions.

  • November 9, 2017

    FCC Commissioner Questions Next-Gen TV Standards Rollout

    FCC Commissioner Mignon Clyburn is taking to Twitter to raise concerns about the agency’s upcoming vote to decide if broadcasters should be permitted to use the next-generation TV broadcasting standard, echoing red flags recently raised by at least one lawmaker.

  • November 9, 2017

    Waffle House Applicants Combine Background Check Suits

    Waffle House job applicants consolidated two separate class actions against the chain and a consumer reporting agency over secretive background checks that allegedly violate the Fair Credit Reporting Act, filing an amended complaint Wednesday in Florida federal court.

  • November 9, 2017

    Defense Attys Unimpressed By NY Exculpatory Evidence Rule

    A new rule requiring New York’s state judges to order prosecutors to turn over all exculpatory evidence at least 30 days before criminal trials does not address disclosure delays that stack the deck in favor of prosecutors — and is unlikely to lead to discipline, defense lawyers say.

  • November 9, 2017

    Insurer Gets Win In Dillard's Employee's Privacy Suit

    Combined Insurance has beat claims it's liable for exposing the private information of a Dillard's employee after an Illinois federal judge ruled that a written privacy promise wasn't technically part of the insurance policy.

  • November 9, 2017

    Bankrupt Cancer Center Will Allow Patient Data Breach Suit

    21st Century Oncology Holdings Inc. and a putative class of patients claiming the bankrupt cancer treatment center operator exposed their personal information in a data breach told a New York bankruptcy court Thursday they reached an agreement to let the patients' lawsuit proceed.

  • November 8, 2017

    Trump's DHS Pick Fields DACA, Climate Questions At Hearing

    Kirstjen Nielsen, President Donald Trump’s pick to head the U.S. Department of Homeland Security, agreed during her confirmation hearing Wednesday that there should be a permanent solution for young, unauthorized immigrants, but faced prickly questioning over her leadership experience and views on climate change.

  • November 8, 2017

    BigLaw White Collar, Privacy Pros Win Big On Election Day

    As election results poured in on Tuesday night, BigLaw cybersecurity and white collar attorneys saw their political ambitions realized when partners from Quinn Emanuel Urquhart & Sullivan LLP and Venable LLP won the seats they were vying for in state and local government.

Expert Analysis

  • An Update On China's Cybersecurity Law, 3 Months In

    Sarah Zhao

    Since the Cybersecurity Law of China took effect, the government has begun strengthening enforcement actions and adopting additional measures, including an entirely online court dedicated to internet-related disputes, in order to show its determination to give teeth to the new law, say attorneys with Faegre Baker Daniels.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • 2 Litigation Trends Offer Guidance On TCPA Compliance

    Fredrick Levin

    Recently, several courts have begun to take a hard look at Telephone Consumer Protection Act compliance issues, and their decisions offer useful guidance. In particular, the rulings have shed light on issues concerning automatic telephone dialing systems and consumers' ability to revoke consent, say Fredrick Levin and Andrew Grant of Buckley Sandler LLP.

  • Auditing Criminal Background Check Use In Calif.

    John Zaimes

    California employers must comply with new regulations that place limits on employers' consideration of applicants’ and employees’ criminal background. John Zaimes and Roxanne Wilson of Mayer Brown LLP review the steps companies can take to ensure compliance with the new requirements.

  • A Lawyer’s Guide To NIST's 'Security And Privacy Controls'

    Mark Mao

    The fifth draft version of the National Institute of Standards and Technology's Special Publication 800-53 — "Security And Privacy Controls For Information Systems And Organizations" — contains invaluable wisdom on internet-of-things ecosystems for legal professionals and technologists alike, say Mark Mao and Molly DiRago of Troutman Sanders LLP.

  • Punitive Damages In Mass Torts: Outrageous And Reckless

    Stephen McConnell

    There is no consistency to the punitive damages process: One case might be halted by a judge who applies Daubert to preclude junk science, while another judge waves virtually the same case by and a jury socks the defendant with a $110 million verdict. Our system of civil litigation looks like jackpot justice, says Stephen McConnell of Reed Smith LLP.

  • Beware Unique Challenges When Acquiring Internet Tech

    Nicholas Merker

    Internet of things devices bring the promise of tremendous insight for product manufacturers and marketers, but also bring a number of risks and potential liabilities that may not necessarily be obvious. Acquiring these new technologies creates new areas of risk that some companies may not appropriately understand during the procurement process, say Nicholas Merker and Eric Goodman of Ice Miller LLP.

  • Making Sense Of 9th Circ. Spokeo Decision On Remand

    Christina Vitale

    The Ninth Circuit recently issued its long-awaited opinion on remand in Robins v. Spokeo Inc., holding that Thomas Robins had standing to pursue his claims in federal court. While the result was largely expected, the analysis the court used to reach that result is significant in at least three ways, say attorneys with Morgan Lewis & Bockius LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • CareFirst And Constitutional Standing: A Post-Spokeo Review

    Cinthia Granados Motley

    When it comes to the issue of Article III standing in data breach cases, the D.C. Circuit’s recent decision in Attias v. CareFirst demonstrates the analysis many appellate courts now seem to be applying, say attorneys with Sedgwick LLP.