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Cybersecurity & Privacy

  • June 21, 2018

    Comcast Forces TCPA Robocall Suit Into Arbitration

    An Illinois federal judge has dismissed a proposed class action accusing Comcast Corp. of contacting consumers to collect bills without their permission, telling the subscriber driving the suit that he must arbitrate his claims. 

  • June 20, 2018

    New FTC Weighing Need To Alter Policies For Digital Economy

    The Federal Trade Commission’s newly minted chairman, Joseph Simons, said Wednesday that the agency will conduct a series of hearings to help shape its policy approach to hot-button antitrust and consumer protection issues including privacy, big data and the potential for enforcement against large technology platforms.

  • June 20, 2018

    Comcast Unit Can't Arbitrate Class Action Over Robocalls

    An Illinois federal judge on Wednesday rejected a Comcast subsidiary’s bid to arbitrate a man’s proposed class action accusing the company of auto-dialing customers looking for other people, saying his claims fall outside the service agreement Comcast is trying to hold him to.

  • June 20, 2018

    Navient Agrees To Pay $2.5M To End Robocall Class Action

    A woman who claims Navient Solutions LLC pestered her with unwanted robocalls pressed a Virginia federal judge to sign off on the parties' proposed $2.5 million class action deal, arguing that the pact was a “good result” in light of a recent D.C. Circuit ruling that “enhanced” Navient’s core autodialer defense. 

  • June 20, 2018

    Irish Cloud Coin Co. Breached US Securities Law, Suit Says

    An Irish cryptocurrency startup that sold digital tokens to fund a decentralized cloud computing platform was hit with a proposed class action in Pennsylvania federal court claiming it breached U.S. securities laws by not registering its business with American regulators.

  • June 20, 2018

    Ex-CIA Worker Denies Feeding US Secrets To WikiLeaks

    A New York man accused of stealing secrets while working for the Central Intelligence Agency in 2016 and feeding them to WikiLeaks pled not guilty Wednesday to charges of stealing and transmitting national defense information and asked for time to consider if he will consent to proceeding in Manhattan federal court.

  • June 20, 2018

    Trump, Lawmakers Make Limited Progress On ZTE Deal

    Lawmakers said Wednesday they had made some progress toward a deal to lift sanctions imposed on Chinese telecommunications equipment maker ZTE Corp. after a meeting with President Donald Trump, the day after a bipartisan bill to protect the federal supply chain, prompted in part by ZTE, was introduced in the Senate.

  • June 20, 2018

    3rd Circ. Backs Coke's Win In Ex-Worker's Data Breach Suit

    The Third Circuit on Wednesday backed a Pennsylvania federal court’s decision to kill a former Coca Cola Co. employee's putative class action over identity theft that allegedly stemmed from the theft of old work computers, finding the former employee can’t show he was damaged as a result of Coke’s conduct.

  • June 20, 2018

    Tesla Accuses Ex-Worker Of Hacking, Stealing Trade Secrets

    Tesla Inc. hit a former process technician with a lawsuit in Nevada federal court Tuesday, accusing him of hacking into the company’s system, stealing gigabytes of Tesla’s confidential data and trade secrets and then transferring that information to third parties.

  • June 20, 2018

    House Passes Bills On Opioid Patient Info Sharing, Treatment

    The U.S. House of Representatives on Wednesday passed more bills aimed at tackling the nation's opioid crisis, including a measure allowing medical professionals to share information about patients with opioid use disorder and another providing more treatment options for addicted Medicaid recipients.

  • June 20, 2018

    Comcast Opened Xfinity Accounts Without OK, Customers Say

    A proposed class of Comcast Corp. customers slapped the company with a lawsuit in Illinois federal court Tuesday claiming it shared their personal data with a subsidiary to help launch its Xfinity Mobile service, which led to unauthorized parties using that data to order cellphones and shoulder the customers with the charges.

  • June 20, 2018

    Definition Of 'New' Preserves TransUnion Suit Against Equifax

    An Illinois federal judge kept alive TransUnion’s suit alleging that fellow credit report giant Equifax underpaid for using TransUnion’s credit monitoring services for victims of last summer’s massive data breach, finding that the headline-grabbing hack occurred before the two firms’ breach-related discount rate kicked in.

  • June 20, 2018

    Sen. Wyden Presses Ross For Views On ZTE's Cyberthreat

    Commerce Secretary Wilbur Ross evaded questions from Sen. Ron Wyden, D-Ore., on the cybersecurity threats posed by ZTE Corp. on Wednesday as the lawmaker probed for answers about the Trump administration’s decision to give the Chinese telecom giant a reprieve for its sanctions violations.

  • June 20, 2018

    'Let Canada Handle It,' ICO Promoter Says Of SEC Fraud Suit

    A Canadian man who organized an initial coin offering that the U.S. Securities and Exchange Commission claims was a $15 million fraud told a Brooklyn federal judge in court Wednesday that the regulator had gone too far and called for the suit to be dismissed, saying authorities in Canada are already “all over this.”

  • June 20, 2018

    AT&T, Illinois Bell Dropped From Robocall TCPA Suit

    An AT&T affiliate and the Illinois Bell Telephone Co. have been dropped from an AT&T customer's proposed federal class action over unsolicited phone calls, leaving a third-party contractor that purportedly placed calls for the telecommunications giant to face claims it violated the Telephone Consumer Protection Act.

  • June 20, 2018

    Cruise Co. Free To Fight Any Claims In $76M Robocall Deal

    The settlement in a robocall class action against a cruise marketing company that could allow call recipients to collect up to $76 million did not put a cap on the number of claimed calls the company could challenge, an Illinois federal judge.

  • June 19, 2018

    Fla. Consumer Seeks Class Cert. In Burger King Receipt Suit

    A Florida man asked a federal court Monday to certify a proposed class of customers who received printed receipts at Burger King restaurants revealing more digits of their credit card than allowed under the Fair and Accurate Credit Transactions Act, exposing them to the risk of identity theft.

  • June 19, 2018

    Facebook App Creator Backs Data Privacy Regulation Efforts

    U.S. Senate lawmakers and cybersecurity experts, including the creator of the app that allowed Cambridge Analytica to harvest millions of unwitting Facebook users’ data, on Tuesday agreed that online companies need more formal data collection and sharing rules, although some balked at the suggestion that regulation should hew too closely to the European Union's current framework.

  • June 19, 2018

    'Silk Road' Laptop Said To Have Dirt On Alleged Sidekick

    A Canadian man on Tuesday denied helping incarcerated Silk Road founder Ross Ulbricht run his infamous web bazaar for illegal drugs, and a prosecutor told the Manhattan federal judge overseeing the case that the government will use chats from Ulbricht's seized laptop in its effort to convict his alleged right-hand man.

  • June 19, 2018

    Verizon, AT&T Say They Will Cut Off Location-Data Sellers

    Verizon and AT&T will end business relationships with third-party companies that buy cellphone users' location data, an Oregon senator who had called attention to prison phone operator Securus Technologies Inc. buying and releasing of users' location details said Tuesday.

Expert Analysis

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • How Blockchains May Comply With GDPR Mandates: Part 1

    Kennedy Luvai

    The treatment of hashed or encrypted data on a blockchain as pseudonymous data, subject to the EU General Data Protection Regulation, has far-reaching implications for privacy rights, including the right to erasure, says Kennedy Luvai of Parsons Behle & Latimer PLC.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • The Rapidly Evolving Medicare Telehealth Landscape

    Miranda Franco

    One of the biggest drivers of change in the telehealth industry is the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which was part of the recently passed Bipartisan Budget Act. The improvements included in the legislation are just the latest efforts signed into law to modernize telehealth nationwide, says Miranda Franco of Holland & Knight LLP.

  • Without More Funding IRS Reform Bills May Not Change IRS

    Robert Kovacev

    Several bills intended to improve things at the IRS recently passed the U.S. House of Representatives. Attorneys Robert Kovacev and Carina Federico of Steptoe & Johnson LLP look at how the legislation would address three major issues and consider whether a legislative overhaul can be implemented without adequate funding.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • 9th Circ. Assesses Insurance For Social Engineering Scams

    Robert MacAneney

    This month, the Ninth Circuit affirmed in Aqua Star v. Travelers that insurance coverage for business email compromise schemes was precluded by an exclusion. Companies should inquire specifically about coverage for such schemes, and insurers should consider establishing sublimits to provide clarity to insureds, say J. Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Revamping Contracts For GDPR: How To Get Organized

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    There are clear trends that any company working to bring service contracts in line with the EU General Data Protection Regulation should keep in mind. Many of these are typical for this type of large-scale remediation, but there are considerations specific to the GDPR effort of which companies, particularly controllers, should be aware, says Ed Livingston of Axiom Law.

  • Courts Must Soon Tackle Critical Questions About ICOs

    Michael Canty

    A number of class actions have been filed against initial coin offering founders for securities fraud, which means courts will soon begin to grapple with applying the federal securities laws to a new and potentially groundbreaking fundraising mechanism, say Michael Canty and Ross Kamhi of Labaton Sucharow LLP.

  • AI Creates Legal Challenges For The Fashion Industry

    William Forni

    Artificial intelligence is playing a growing role in the product development, marketing and sales strategies of fashion designers and retailers. This revolution brings uncertainty in the areas of trade secret protection, traditional intellectual property rights and privacy law, say William Forni of Calvin Klein, and Ben Quarmby and Daniel Michaeli of MoloLamken LLP.