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Cybersecurity & Privacy

  • September 14, 2018

    The Privacy Fight For Digital Data Warrants Is Just Starting

    Lower courts are already grappling with the U.S. Supreme Court's June ruling in Carpenter v. U.S. telling authorities to get a warrant for cellphone location data, which privacy lawyers say is just the tip of the iceberg as disputes loom about other types of digital data that can reveal intimate details about someone's life.

  • September 14, 2018

    Abortion Foe Asks 9th Circ. To Nix $195K Sanction For Videos

    An anti-abortion activist urged the Ninth Circuit Friday to reverse sanctions against him and his attorneys for violating a court order by posting surreptitiously recorded videos of abortion providers on the internet, saying the lower court’s $195,000 sanctions were unlawful because they were meant to punish, not compensate the National Abortion Federation.

  • September 14, 2018

    Small Businesses Defend Claims In Equifax Data Breach MDL

    A group of small businesses from across the country pushed back against Equifax’s bid to dismiss their class action complaint from multidistrict litigation over its massive data breach last year, arguing that they do have standing to pursue claims even though it was their owners’ personal information that was compromised.  

  • September 14, 2018

    FOIA Suit Seeks Docs On Alleged IRS Disclosure Of Tax Info

    A conservative watchdog has slapped the government with a Freedom of Information Act suit in D.C. federal court, saying the U.S. Department of Justice has refused to turn over documents on allegations that the Internal Revenue Service shared 1.1 million pages of confidential information on tax-exempt groups with the FBI.

  • September 14, 2018

    Kimpton Data Breach Deal Rejected Over Settlement Cap

    A California federal judge has denied for the second time Kimpton Hotel & Restaurant Group LLC's settlement with a proposed class of consumers suing over a 2016 data breach, questioning whether the settlement with a cap of $600,000 is designed to fully compensate anyone who was injured.

  • September 14, 2018

    Census Citizenship Fight Likely Headed For NY Trial

    Manhattan U.S. District Judge Jesse M. Furman told the Trump administration Friday he is likely to order a trial to determine if Commerce Secretary Wilbur Ross was motivated by legitimate policy reasons, or by discrimination, when he added a question about citizenship status to the 2020 census.

  • September 14, 2018

    Manafort Pleads Guilty And Will Cooperate With Mueller

    President Donald Trump's former campaign chairman, Paul Manafort, pled guilty Friday to two counts of conspiracy and obstruction of justice, in a deal that requires him to cooperate with Special Counsel Robert Mueller's investigation into Russian election interference and potential collusion with the Trump campaign.

  • September 13, 2018

    Google, Ad Cos. Accused Of Flouting EU Privacy Law

    Private web browser Brave is leading a push for the U.K. and Irish data protection commissioners to probe the practices of Google and other digital advertisers, alleging that the industry's broadcasting of personal data tied to targeted ads violates the European Union's General Data Protection Regulation.

  • September 13, 2018

    European Court Says UK Surveillance Violated Privacy Laws

    The United Kingdom's former regime for the bulk interception and collection of internet communications violated basic human rights by failing to ensure oversight of surveillance requests, the European Court of Human Rights said Thursday, a decision advocates hope will boost efforts to rein in other government spying tools. 

  • September 13, 2018

    SEC Seen As Broadening Crypto Reach With Latest Actions

    U.S. regulators’ first-of-their-kind actions against a hedge fund and broker-dealers in the cryptocurrency sphere this week indicate that the agencies' focus is shifting beyond issuers of digital tokens to any person or entity that eventually touches these types of securities, including investors, brokers or exchanges, experts said.

  • September 13, 2018

    DC Circ. Analyzes IRS Rule In FOIA Row Over Trump Returns

    A privacy group’s battle to obtain President Donald Trump’s tax returns centered on whether public citizens or the government bear the burden to show if disclosure is warranted during oral arguments in the D.C. Circuit Thursday.

  • September 13, 2018

    Maritime Industry Challenges To Watch: Part 2

    As maritime industry stakeholders maneuver through the changing regulatory and legislative landscape, they’re also contending with increased gridlock at U.S. ports, emerging cybersecurity threats and technology disruptions, and inadequate investment in crucial infrastructure. Here, Law360 examines more challenges facing the industry in the second part of our roundup.

  • September 13, 2018

    'Next Madoff' Defamer Faces Uphill Fight In $38M Appeal

    A former tenant faced an uphill battle Thursday trying to persuade a Ninth Circuit panel to reverse a $38 million jury award against him and other tenants who defamed a Los Angeles real estate investor online by calling him "the next [Bernie] Madoff,” with two judges saying he did not preserve his challenge by objecting to a presumed-damages theory at trial.

  • September 13, 2018

    Wendy's, Plastics Maker Sued Over Fingerprint Timekeeping

    Two new proposed class actions accuse fast-food chain Wendy’s International LLC and plastics giant Amcor Ltd. of illegally making employees clock in and out of work with their fingerprints, marking the latest in a wave of suits under Illinois’ biometric privacy law.

  • September 12, 2018

    Latvian Man Sentenced For U.S. News Site ‘Scareware’ Scam

    A Latvian man was sentenced Wednesday in Minneapolis federal court for his role in a lucrative “scareware” hacking that targeted visitors to the Minneapolis Star Tribune’s website, according to a U.S. Department of Justice announcement.

  • September 12, 2018

    Beef Up Cybersecurity, Bipartisan Senators Urge State Dept.

    A bipartisan group of senators from states including Massachusetts and Kentucky chastised the State Department for failing to implement basic cybersecurity measures required under federal standards, asserting that the agency must act to protect sensitive information with steps that include requiring multi-factor authentication in all the department’ information systems.

  • September 12, 2018

    Online Shoppers Seek Final OK On $3.3M TCPA Settlement

    A class of people who say they received unwanted telemarketing calls after they purchased children’s slippers online asked an Illinois federal judge to sign off on a $3.3 million settlement Tuesday, saying the hard-fought case has reached its conclusion.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    NM Sues App Maker, Google, Twitter Over Kids' Data

    New Mexico's attorney general launched a suit in federal court against app developer Tiny Lab and several of its advertising partners, including Google and Twitter, for allegedly flouting the Children's Online Privacy Protection Act by surreptitiously collecting and using kids' location information and other personal data to target advertising. 

  • September 12, 2018

    FisherBroyles Adds Cyber Risk Partner In Boston

    FisherBroyles LLP has added a former general counsel who has experience dealing with cybersecurity and privacy risks and working with a global supply chain company.

Expert Analysis

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • 2 Circuit Court Rulings Rock Phishing Loss Coverage Field

    J. Robert MacAneney

    Recent decisions from the Second and Sixth Circuits create a split on the issue of whether a phishing scheme is covered by the computer fraud coverage part of a crime/fidelity policy. This unwelcome uncertainty highlights the need for insurers to hone policy language to more precisely define covered risks, say attorneys at Carlton Fields Jorden Burt PA.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5th Circ. Suggests Insurance May Cover Credit Card Breach

    Laura Foggan

    Last month, a little-noticed Fifth Circuit decision in Spec’s v. Hanover raised some important questions about the extent to which directors, officers and corporate liability policies may be called upon to respond to cyber breach incidents in which credit card data is stolen by unknown hackers, say Laura Foggan and Thomas Kinney of Crowell & Moring LLP.

  • Protecting Client Reputations In An Online World

    Jim Wagstaffe

    There’s no doubt we live in a world in which the internet has the potential to amplify defamatory communications. As a result, lawyers are increasingly playing a counseling and litigation role in protecting clients from the posting of negative information and reviews, says Jim Wagstaffe of The Wagstaffe Group.

  • How Your Call Records Can Help Your TCPA Defense

    Alysa Hutnik

    When your business faces a Telephone Consumer Protection Act lawsuit, a key defensive tool is targeted data analysis of your call, text or fax records, say Alysa Hutnik and Lauri Mazzuchetti of Kelley Drye & Warren LLP and Ariel Collis of Georgetown Economic Services.

  • Employer Lessons In Dealing With FCRA Disclosure Claims

    David Anthony

    An Oregon federal court's recent decision in Walker v. Fred Meyer highlights several key lessons associated with Fair Credit Reporting Act class actions, particularly related to the disclosures employers must provide to prospective employees, say attorneys with Troutman Sanders LLP.

  • Are Blockchain Utility Tokens Securities?

    Douglas Pepe

    Many of the most important and promising blockchain projects involve crypto assets and tokens that are designed for — and have — a real use, separate and apart from their prospects as speculative investments. These cases do not fit neatly into a Howey analysis. They are the square pegs facing a regulatory round hole, says Douglas Pepe of Joseph Hage Aaronson LLC. 

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Revisiting The Fax Provision: Technology’s Impact On TCPA

    Douglas Brown

    Applying the Telephone Consumer Protection Act fax provisions to e-faxes and similar communications is like applying equestrian regulations to modern automobiles. However, change in Federal Communications Commission leadership and two recent opinions by the D.C. Circuit suggest that a fundamental change in TCPA fax litigation is occurring, says Douglas Brown of Rumberger Kirk & Caldwell.