Cybersecurity & Privacy

  • December 1, 2017

    Moosejaw, Casper Use Firm To Wiretap E-Visitors, NYer Says

    Days after lobbing wiretapping claims at mattress seller Casper, a New York resident hit Moosejaw and an online marketing company with a substantially similar proposed class action Thursday alleging that the outdoor retailer’s website secretly tracked visitors’ keystrokes and clicks in the hopes of uncovering their identifying information.

  • December 1, 2017

    PayPal Says 1.6M TIO Users' Data Affected In Possible Breach

    PayPal Holdings Inc. said Friday it found that there had been a possible data breach at TIO Networks Corp., a payment processor it acquired in a $233 million deal in July, and that some 1.6 million customers’ information had been potentially compromised.

  • December 1, 2017

    Media Co. Hit With Suit Over Scanning Workers' Fingerprints

    Multimedia Sales & Marketing Inc. has been slapped with a proposed class action in Illinois court alleging the company has been requiring its employees to clock in and out of work by scanning their fingerprints without their prior approval, in violation of the state's Biometric Privacy Act.

  • December 1, 2017

    Flynn Legal Team Stocked With Washington 'Dealmakers'

    The trio of Washington, D.C., veterans who guided former National Security Adviser Michael Flynn to a plea deal include an outspoken political lawyer who created ad campaigns for the Russian government after the breakup of the Soviet Union, a former corruption prosecutor and an attorney with a White House resume.

  • December 1, 2017

    Ex-NSA Employee Pleads Guilty To Stealing Classified Docs

    A former National Security Agency hacking software developer pled guilty before a Maryland federal judge Friday to charges that he wrongfully took classified national security information and retained it at his Maryland home, the U.S. Department of Justice said.

  • December 1, 2017

    Russia Sanctions Emerge As Mueller Probe Lightning Rod

    U.S. sanctions on Russia began as an Obama administration effort to punish Moscow for its aggression in the Crimean peninsula nearly four years ago, but they have now emerged as patient zero in a bombshell political scandal that escalated Friday morning with the guilty plea of President Donald Trump's former adviser Michael Flynn.

  • December 1, 2017

    3rd Circ. Denies Full Court Redo In Traveler's TSA Dispute

    The Third Circuit on Friday said it will not revisit a panel’s finding saying that Transportation Security Administration airport screeners cannot be sued for allegedly retaliating against travelers who exercise free speech, delivering a blow to an architect who said he was falsely accused of making a bomb threat.

  • December 1, 2017

    UK Court Finds Supermarket Chain Liable In Data Breach Case

    A U.K. High Court judge on Friday ruled that supermarket chain Morrisons is partly liable for a staffer’s theft of the payroll data of nearly 100,000 of his fellow employees, finding that the company was vicariously liable to a class of employees as the data theft occurred during the course of the man’s employment.

  • December 1, 2017

    House Panel Approves Surveillance Renewal Bill

    The House Intelligence Committee on Friday approved a bill that would renew foreign surveillance authorities while adding new privacy and oversight provisions, despite the objections of Democrats, who cited concerns with its changes to “unmasking” authority.

  • December 1, 2017

    Lyft, Jobcase Told To Mediate Consumers' Spam-Text Claims

    A Florida federal judge on Friday ordered ride-hailing giant Lyft Inc. and employment social network Jobcase to resolve in mediation a proposed class action over allegedly unsolicited spam texts, just three weeks after the suit was filed.

  • December 1, 2017

    Taxation With Representation: Debevoise, Clifford, Sullivan

    In this week’s Taxation with Representation, Meredith Corp. acquired Time Inc. for $2.8 billion, Thoma Bravo picked up Barracuda for $1.6 billion, Cerberus snapped up BBVA’s real estate business for $4.74 billion and Altran shelled out $2 billion for Aricent.

  • December 1, 2017

    Flynn Pleads Guilty To Lying To FBI About Talks With Russia

    Michael Flynn, the former national security adviser to President Donald Trump, pled guilty Friday to lying to the FBI about his conversations with Russia's ambassador in December 2016, talks where prosecutors say the retired Army general served as a go-between for “senior” and “very senior” Trump transition officials.

  • November 30, 2017

    Kirkland's Should Face Receipt Row Under Spokeo: Magistrate

    A Pennsylvania magistrate judge on Wednesday advised against tossing a putative class action accusing retailer Kirkland's Inc. of printing too many credit card digits on receipts, finding the consumers needn't allege actual or imminent identity theft to establish standing under the U.S. Supreme Court's Spokeo decision.

  • November 30, 2017

    Feds Charge 13 In Hack Of Ride-Hailing Drivers' Accounts

    New York federal prosecutors revealed charges against 13 people allegedly responsible for hacking into ride-hailing companies’ drivers’ accounts and siphoning money out, saying Thursday that the team stole millions from company accounts to enrich themselves.

  • November 30, 2017

    Facebook Biometric Data Row May Hinge On 'Right To Say No'

    A California federal judge Thursday seemed poised to preserve a proposed class action over Facebook’s collection of biometric data, saying that the social media giant may have violated users’ statutory “right to say no” and that he was unconvinced the U.S. Supreme Court’s Spokeo decision required that they allege real-world harm.

  • November 30, 2017

    San Bernardino Victims Claim Social Networks Aided ISIS

    Victims of the 2015 mass shooting in San Bernardino, California, on Thursday accused Facebook Inc., Twitter Inc. and Google Inc. of allowing ISIS to “crowdsource terrorism” on their websites, thereby aiding and abetting terrorism by giving the group platforms to recruit new members and profit.

  • November 30, 2017

    DOJ Wants 9/11 FBI Docs Kept Closed At 11th Circ.

    The U.S. Department of Justice on Wednesday defended the FBI’s “extensive search” for documents related to potential Saudi involvement in the 9/11 attacks sought by a Florida news organization, urging the Eleventh Circuit not to revive the lawsuit and to upend a mandate requiring identification of agents and sources.

  • November 30, 2017

    JPML Judges Say Atlanta Best Site For Equifax MDL

    The U.S. Judicial Panel on Multidistrict Litigation will likely centralize litigation over the Equifax data breach in Atlanta, with several judges on the panel saying Thursday that keeping the cases near the credit reporting company’s headquarters makes the most sense.

  • November 30, 2017

    Writer Says Ex-Lover Used Spyware to Steal, Sell Story

    Best-selling author Emma Cline and her ex-boyfriend filed clashing lawsuits in California federal court Wednesday, surfacing a bitter private fight in which the novelist’s former lover accuses her of using spyware to steal and plagiarize his works, charges she forcefully denies.

  • November 30, 2017

    Google Faces UK Suit Over IPhone Snooping Claims

    A consumer watchdog on Thursday filed what he called Britain’s first proposed class action against a tech giant for allegedly misusing personal data, claiming that Google Inc. breached iPhone privacy settings to illegally collect records on more than 5 million U.K. residents.

Expert Analysis

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • 4th Amendment And Shared Servers: Lessons From Shkreli

    Claire Johnson

    The prosecution of Martin Shkreli reveals some important lessons about the Fourth Amendment protections against search and seizure in the digital corporate context: Physical access to documents on a server may trump actual ownership of records, say Claire Johnson and Douglas Young of Farella Braun & Martel LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Assessing Loan Applications With Fraud Alerts After Equifax

    Jonathan Joshua

    In the wake of the Equifax data breach, consumer lenders can reasonably expect to see a significant increase in the number of loan applications where a credit report contains a fraud alert or where the report is unavailable due to a security freeze. It's important to understand the laws that apply when evaluating such applications, says consumer financial services attorney Jonathan Joshua.

  • Takeaways From 2nd Circ. Donna Karan FACTA Ruling

    Hanley Chew

    The Second Circuit's decision last week in Katz v. Donna Karan is significant in that it permits parties to introduce extrinsic evidence in statutory violation cases when the district court is making a determination on standing, say Hanley Chew and Tyler Newby of Fenwick & West LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • DFARS Cyber Compliance Deadline Is Approaching

    Steven Snyder

    Combining the strict verbiage of the Defense Federal Acquisition Regulation Supplement cyber regulations with the comprehensive nature of the National Institute of Standards and Technology "controlled unclassified information" requirements creates a formidable compliance challenge for any contractor and its subcontractors, says Steven Snyder of Smith Moore Leatherwood LLP.

  • Time To Update Your Privacy Statement For GDPR

    Glory Francke

    As European regulators are still producing guidance on the General Data Protection Regulation and member states are still adopting related legislation, it is unclear how to prepare for the GDPR in relation to some issues. For other issues, however, companies can confidently act now. Privacy statements are a great example, says Glory Francke of Davis Wright Tremaine LLP.

  • Privacy Takes A Backseat To Whistleblowing Under HIPAA

    Steve Sozio

    There is no dispute about the importance of protecting patient information, and health care providers are spending significant portions of their precious resources to comply with the rigorous requirements of the Health Insurance Portability and Accountability Act. But there is one group that has received a pass when it comes to protecting patient privacy, say Steve Sozio and Katie Miler Schilling of Jones Day.