Cybersecurity & Privacy

  • October 16, 2017

    21st Century Oncology Cleared To Solicit Ch. 11 Plan Votes

    Cancer treatment center operator 21st Century Oncology got the go-ahead Monday to send its Chapter 11 restructuring proposals to creditors and begin tallying votes on its plan to cut its $1.1 billion debt load in half after making final modifications like estimating recoveries and addressing pending litigation.

  • October 16, 2017

    Snowden Filmmaker Received All Public FOIA Docs, FBI Says

    The FBI and U.S. Customs and Border Protection told a D.C. federal court Friday that they’ve provided filmmaker Laura Poitras with all information available under the Freedom of Information Act related to why she was continually detained at airport security checkpoints for six years, fighting her allegation that they’re wrongly withholding information.

  • October 16, 2017

    Accused ICE Impersonator Denies Role In Bribery Scheme

    A Florida resident on Monday pled not guilty to charges he impersonated a U.S. Immigration and Customs Enforcement agent as part of an alleged scheme by employees of a GEO Group Co. subsidiary to charge immigrants thousands of dollars to prematurely remove their electronic monitoring braces.

  • October 16, 2017

    What GCs Can Do To Prepare For Cybersecurity Threats

    A major part of a general counsel’s role in planning for a possible cybersecurity threat is developing a plan for communicating both internally and externally in the event of a breach, a panel of experts said Monday.

  • October 16, 2017

    VW, Marketing Co. Appeal Class Cert. In Autodialing Suit

    Volkswagen and a marketing company urged a California federal judge Friday to sign off on their Ninth Circuit appeal of a decision granting certification to a class of car owners who allegedly received illegal autodialed service reminders, challenging whether the named plaintiff consented to the calls, which could mean the difference of $735 million in liability.

  • October 16, 2017

    Privacy Groups Want Recall On 'Spying' Google Speaker

    The Electronic Privacy Information Center and consumer groups on Friday pushed the U.S. Consumer Product Safety Commission to recall the Google Home Mini, a smart speaker device that was recording private conversations, saying the problem stems from a “classic” manufacturing defect.

  • October 16, 2017

    Yahoo Can Disclose Deceased's Emails, Mass. Justices Say

    The Massachusetts Supreme Judicial Court held Monday that the Stored Communications Act allows Yahoo Inc. to disclose the contents of a deceased man’s email account to the personal representatives of his estate.

  • October 16, 2017

    Ticketmaster Denied Quick Win On Songkick Antitrust Claims

    A California federal judge on Monday tossed Live Nation and Ticketmaster's bid for a quick win on some of Songkick's antitrust claims against the ticketing giant and its subsidiary over their alleged monopoly on ticket sales, saying the parties disagree on the facts but there is “no question” that the suit stems from a restraint of trade.

  • October 16, 2017

    Jeep Drivers Fight For Class Cert. In Hacking Suit

    Consumers claiming some Jeep vehicles are susceptible to hacking asked an Illinois federal court Friday to certify a class of 1.4 million car owners, even as Fiat Chrysler made a bid for a quick win in the case on the grounds that potential vulnerabilities are no basis for legal liability.

  • October 16, 2017

    JPMorgan Hackers Should Face Prosecution First, Feds Say

    The U.S. Department of Justice has asked a New York federal judge to delay the U.S. Securities and Exchange Commission’s civil suit against three men accused of using hacked financial data from JPMorgan Chase & Co. and others in a securities fraud scheme, saying the criminal case against the men should take priority.

  • October 16, 2017

    High Court To Weigh Role Of Jurisdiction In Wiretap Evidence

    The U.S. Supreme Court on Monday said it will hear a case over whether evidence gleaned from a valid wiretap that was used at trial to convict two men of distributing cocaine and marijuana should have been suppressed because the surveillance was partially conducted outside the court’s jurisdiction.

  • October 16, 2017

    Charter Wants Call Suit Paused Pending TCPA Challenges

    Charter Communications Inc. asked a California federal judge on Friday to pause a proposed class action alleging it violated the Telephone Consumer Protection Act by autodialing consumers until either its First Amendment challenge of the law or a separate case considering the definition of an autodialer is resolved.

  • October 16, 2017

    High Court To Weigh Microsoft Overseas Data Warrant Row

    The U.S. Supreme Court on Monday agreed to review a Second Circuit decision that the federal government can’t use search warrants to access user data stored overseas by service providers such as Microsoft.

  • October 16, 2017

    Businesses Unprepared For Tough Data Regs, Aon Warns

    Fewer than a third of businesses in Europe, Africa and the Middle East fully understand the consequences that demanding new information rules from Brussels will bring in May, new data showed on Monday.

  • October 16, 2017

    Just 1 In 4 Risk Managers Reports Cyberbreach, Chubb Says

    More than a quarter of senior risk and information technology managers say their firms have been hacked or suffered a cyber incident in the last year, Chubb Ltd. said Monday.

  • October 13, 2017

    Yahoo's Info On 2B Hacked Accounts Doesn't Satisfy Judge

    The California federal judge overseeing multidistrict litigation over Yahoo's 2013 data breach said Friday that recent revelations that 2 billion additional accounts were impacted put the case "back at square one," and expressed frustration at the amount of information Yahoo has revealed about the hack's broadened scope.

  • October 13, 2017

    Google Sharing App User Data Without Permission, Suit Says

    Google has breached its contract with Wallet users who buy apps through its Play store by sharing their email addresses, phone numbers and other personal data with third-party app developers without their permission, according to a putative class action recently removed to California federal court.

  • October 13, 2017

    Passengers Sue Gov't Over CBP Identity Checks After Landing

    Nine airline passengers sued the government in New York federal court Thursday over an incident this year in which two U.S. Customs and Border Protection officers reportedly forced people to show ID while getting off a domestic flight, claiming their Fourth Amendment rights had been violated.

  • October 13, 2017

    GAO To Probe FCC 'Attack' In Net Neutrality Row

    The Government Accountability Office said Friday it will probe a reported cyberattack of the Federal Communications Commission that may have disrupted public comment over net neutrality, in an investigation a former FCC bureau chief hopes will answer lingering questions over whether the episode was, in fact, an “attack.”

  • October 13, 2017

    Auto Software Maker Wants Rival's Sales Halted

    An Illinois-based maker of software that lets car buffs “tune” their rides asked a Washington federal judge Thursday to stop a rival from selling competing products at an upcoming trade show it claims were made with hacked trade secrets.

Expert Analysis

  • 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.

  • Cybersecurity Due Diligence In M&A: 8 Questions To Ask

    Thomas Smedinghoff

    Many acquirers pay little or no attention to the cybersecurity preparedness of the target company. But the target company’s cybersecurity status can have a major impact on the company’s present value as well as on the potential future liabilities that the acquirer may be assuming, say Thomas Smedinghoff and Enrique Santiago of Locke Lord LLP.

  • 4 Takeaways From FTC V. D-Link Systems

    Janis Kestenbaum

    A California federal court's recent ruling in Federal Trade Commission v. D-Link Systems suggests that, without evidence of misuse of data, the FTC will be hard-pressed to demonstrate that a heightened risk of exposure of personal data constitutes the requisite “substantial injury” for an unfairness claim, say attorneys with Perkins Coie LLP.

  • The New HHS Approach To HIPAA?

    David Saunders

    With respect to Health Insurance Portability and Accountability Act compliance, in the past five months, the U.S. Department of Health and Human Services has announced only one compliance agreement, and has been quiet save responses to the WannaCry attack and Hurricanes Harvey, Irma and Maria. So now, eight months into the Trump administration, we are left to wonder if this is the new HHS, says David Saunders of Jenner & Block LLP.

  • Employers Should Be Wary Of Turning Over Employee Info

    Meg Inomata

    An administrative law judge's recent decision to substantially limit the Office of Federal Contract Compliance Program’s demand for employee contact information from Google demonstrates that employers can, and should, request judicial intervention before producing their employees’ confidential information for the government, private litigants or opposing counsel, says Meg Inomata of Vedder Price PC.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Fail-Safe Class Doctrine Helps Identify Weak TCPA Classes

    J. Marx Headshot.jpg

    In the last five years, federal courts have begun denying class certification for so-called "fail-safe" classes, limiting class action rules as a means of vindicating Telephone Consumer Protection Act claims. What appears to be a weird quirk of various procedural rules ultimately helps to prevent the use of class action rules when they are not appropriate, says Jared Marx of Harris Wiltshire & Grannis LLP.

  • The SEC Data Breach And Impact On New Reporting Rules

    Jeanette Turner

    The mutual fund industry has expressed concerns about troves of new data being filed on EDGAR starting in June 2018 as part of the U.S. Securities and Exchange Commission’s new reporting requirements. The recent disclosure of an SEC breach perfectly illustrates those concerns and adds to the clamor to delay or revise the requirements, says Jeanette Turner, managing director and chief regulatory officer at Advise Technologies.