Cybersecurity & Privacy

  • December 6, 2017

    Army Unveils Program To Directly Hire Cyber Officers

    The U.S. Army will directly commission 25 cybersecurity experts over the next five years in order to improve its expertise in a growing area of need for national security, the Army’s top cyber officer announced Tuesday.

  • December 6, 2017

    Campus Assault Book Is Protected Opinion: HarperCollins

    HarperCollins Publishers LLC on Wednesday urged an Illinois federal judge to toss a graduate student’s defamation and invasion of privacy suit against the company and the author of a book on campus sexual assault, saying the student can’t lob such allegations against them because the passages about her are the author’s constitutionally protected opinion.

  • December 6, 2017

    Chinese Cybersecurity Law Giving Companies Headaches

    Four out of five businesses feel uneasy about China’s new national cybersecurity law, which could force them to divulge data security measures to Chinese authorities, according to a poll released on Wednesday.

  • December 6, 2017

    Thompson Hine Bolsters Cybersecurity Team With DHS Hire

    Thompson Hine LLP has expanded its privacy and cybersecurity and business litigation practices with the recent addition of a senior counsel who spent the past 10 years working with federal government agencies, including the U.S. Department of Homeland Security and the White House National Security Council.

  • December 6, 2017

    7th Circ. Wary Of Reviving Barnes & Noble Breach Action

    At least one judge on a Seventh Circuit panel on Wednesday grappled with the prospect of reviving a proposed class action against Barnes & Noble over its 2012 security breach, wondering whether it’s enough to claim economic damages if the California and Illinois customers who lost money through the hack got it back within three days.

  • December 6, 2017

    Immigration Lawyers Sue ICE For Biometric Tech Info

    A nonprofit group of lawyers who represent immigrants swept up in deportation proceedings sued the U.S. Immigration and Customs Enforcement in D.C. federal court on Tuesday, saying that the agency has failed to release records related to its use of mobile biometric devices in immigration actions.

  • December 5, 2017

    EU Regulators Demand Action On 'Privacy Shield' Issues

    Europe’s data protection authorities on Tuesday warned that they would move to strike down the trans-Atlantic Privacy Shield data transfer pact if officials don’t act within the next year to address several “significant concerns,” including a lack of clear guidance on consumers' redress rights and insufficient U.S. surveillance guarantees.

  • December 5, 2017

    FBI Nat'l Security Letters Grounded In Constitution: DOJ

    U.S. Attorney General Jeff Sessions urged the Ninth Circuit on Tuesday not to rehear a decision ending a constitutional challenge to the Federal Bureau of Investigation's use of national security letters that bar service providers from telling users about government requests for their data, saying it’s grounded in the U.S. Constitution.

  • December 5, 2017

    Phishing Suspect Held In Online Attack On LA Court System

    A 31-year-old man from Houston was arraigned and denied release Tuesday in California state court on allegations he masterminded a five-day phishing attack on the Los Angeles court system that attempted to steal online account login information from more than 500 court employees, charges that could mean up to 14 years in prison.

  • December 5, 2017

    Zappos Buyers Ask 9th Circ. To Revive Data Breach Suit

    A putative class of Zappos.com customers urged the Ninth Circuit on Tuesday to revive privacy claims over a 2012 data breach that affected 24 million shoppers, saying the online shoe retailer broke its promise to provide a secure purchasing site.

  • December 5, 2017

    Hackers Cite Roy Moore Scandal In Law Firm Snoop Scheme

    Chinese hackers tried to spy on attorneys and snatch secret files from three multinational law firms by luring lawyers with phishing emails citing the uproar over Alabama Senate candidate Roy Moore, cybersecurity researchers said Tuesday.

  • December 5, 2017

    6th Circ. Affirms Toss Of Doctor's Patient Data Suit

    The Sixth Circuit on Monday affirmed a lower court's decision to toss a doctor’s suit against the Michigan Board of Medicine and the state’s Department of Licensing and Regulatory Affairs on the basis that the agencies had sovereign immunity under the U.S. Constitution.

  • December 5, 2017

    Chubb Unit Tells 2nd Circ. $4.8M Wire Fraud Not Covered

    A Chubb Group unit on Monday asked the Second Circuit to find that it does not owe Medidata Solutions Inc. coverage for a $4.8 million loss it suffered when it was tricked into wiring money overseas, saying the fraudster’s use of email does not render it computer fraud.

  • December 5, 2017

    Sonic Seeks To Roll Out Of Customer's Data Breach Suit

    Fast-food restaurant chain Sonic Drive-In’s operating company asked an Oklahoma federal court on Monday to toss a lawsuit stemming from a customer data breach confirmed in September, arguing the lead plaintiff in the proposed class action had failed to show "cognizable injury."

  • December 5, 2017

    EU Releases 'Blacklist' Of Tax Havens, Including South Korea

    The European Union's Economic and Financial Affairs Council released Tuesday a list of 17 nations it says are "uncooperative on tax matters," opening them to possible economic sanctions.

  • December 5, 2017

    BuzzFeed Wants To See FBI Declaration In Trump Dossier Tiff

    BuzzFeed on Monday asked a D.C. federal judge to force the FBI to make public a secret declaration the agency filed to prevent intelligence officials having to testify about a dossier containing scandalous claims supposedly collected by Russia about President Donald Trump.

  • December 5, 2017

    Insurers Urge Leniency On Profiling Under EU Data Laws

    Insurers on Tuesday demanded leniency from European Union policymakers toward companies that use customer data to help vary prices for particular social groups, which could be considered "profiling," under impending data protection laws that take force in May.

  • December 4, 2017

    Quicken Loans Secretly Tracked E-Visitors, Suit Says

    Quicken Loans Inc. is facing a proposed class action from a New Jersey resident who claims the bank breached federal wiretap laws by installing software on its website that secretly tracked visitors’ keystrokes and clicks in an attempt to unearth their names and addresses.

  • December 4, 2017

    High Court Won't Hear Ex-Kan. AG's Suspension Appeal

    The U.S. Supreme Court on Monday refused to take up former Kansas Attorney General Phill Kline's challenge to the indefinite suspension of his law license for misconduct in probing abortion providers, marking the second time the high court has declined to weigh in on the issue.

  • December 4, 2017

    Los Angeles Is The Latest City To Sue Uber Over Data Breach

    The city of Los Angeles on Monday became the latest local government to sue Uber Technologies Inc. over its alleged attempts to cover up a 2016 hacking incident, claiming the tech giant violated California law by failing to notify drivers about the breach.

Expert Analysis

  • 5 Questions GCs Should Ask On Securing Internet Of Things

    Rebecca Eisner

    Connected devices are creating new markets and new efficiencies for global businesses. But the internet of things also raises a wide range of cybersecurity and data privacy considerations for general counsel and their legal teams, say attorneys with Mayer Brown LLP.

  • Think Before Making Bitcoin Part Of Incident Response Plan

    Tracy Lechner

    Amid increasing ransomware attacks, businesses and their outside law firms are considering whether it would be prudent to establish and stock a bitcoin wallet as part of their incident response plan. This approach, however, may expose companies to more liability than the benefits can justify, say Tracy Lechner and Esteban Morin of Brownstein Hyatt Farber Schreck LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • The New Wave Of Employee Biometrics Class Actions

    Steven Pearlman

    At least 26 employment class actions alleging violations of the Illinois Biometric Information Privacy Act have been filed in Illinois state court from July to October 2017. Attorneys with Proskauer Rose LLP discuss employers’ obligations under BIPA, the substantial damages the statute enables employees to recover on a classwide basis, and potential defenses that employer-defendants are likely developing.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • The End May Be Nigh For FACTA Claims

    John Papianou

    Until last month, the Eleventh Circuit appeared to be the last place for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to truncate credit card numbers under the Fair and Accurate Credit Transactions Act. However, the dismissal of Gesten v. Burger King indicates a shift away from the generous reading of Spokeo that Eleventh Circuit plaintiffs have enjoyed, say John Papianou and Erin Novak of M... (continued)

  • Tips For Handling Workplace Substance Abuse Under ADA

    Robert Usinger

    Given the amount of public debate on the opioid crisis, it is inevitable to foresee a rise in workplace disputes involving drug and alcohol abuse. In light of these developments, attorney Robert Usinger, and Barry Temkin of Mound Cotton Wollan & Greengrass LLP review the law regarding substance abuse in the workplace under the Americans with Disabilities Act.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.