Cybersecurity & Privacy

  • December 12, 2017

    Madden Games Maker Can't Toss Ex-NFLer's Suit

    A California federal judge on Monday refused to dismiss Electronic Arts Inc. from a retired NFL player's putative class action alleging the game maker improperly used their likenesses in Madden video games, saying a recent Ninth Circuit decision EA based its motion on did not preempt the players’ right of publicity claims under the Copyright Act.

  • December 11, 2017

    Man Must Unlock Phone To Aid Abuse Probe: Mass. Court

    A Massachusetts appeals court on Monday shot down a man's challenge to an order that required him to unlock his iPhone as part of a child abuse investigation, ruling that the directive didn't violate his Fifth Amendment rights because law enforcement already knew what would be on the device.

  • December 11, 2017

    Ill. Firm Must Face Privacy Claims Over Deposition Disclosure

    An Illinois appeals court on Friday partially reversed and remanded a privacy lawsuit against Illinois firm Williams McCarthy LLP, whose lawyer was sued for improperly revealing the mental health status of a woman who claimed she was wrongfully excluded from a trust.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    FCC, FTC Tout Enforcement Plan Before Net Neutrality Vote

    Days before the Federal Communications Commission is expected to vote to roll back the legal underpinning for its net neutrality rules, it announced plans Monday to partner with the Federal Trade Commission to share information and enforcement duties for service providers that don't honestly disclose their open internet practices.

  • December 11, 2017

    SEC Chair Urges Main Street To Tread Cautiously With ICOs

    U.S. Securities and Exchange Commission Chairman Jay Clayton, acting in response to a surge in public awareness of cryptocurrencies and initial coin offerings, acknowledged the potential value of the innovative technologies on Monday but urged “Main Street” investors to look before they leap.

  • December 11, 2017

    Intelligence Chief Set To Stiffen 'Unmasking' Standards

    Director of National Intelligence Dan Coats will tighten requirements for when the names of U.S. nationals that have been redacted in classified intelligence reports are able to be “unmasked,” according to a Friday media report.

  • December 11, 2017

    Facebook Seeks Quick Win, Users Seek Cert. In Privacy Row

    Facebook asked a California federal judge Friday to grant it a quick win on jurisdictional grounds in a suit brought by users accusing the social media giant of unlawfully storing their facial scans without permission.

  • December 11, 2017

    House Passes DHS Cybersecurity Overhaul

    The House of Representatives passed a bill Monday meant to centralize authority and responsibility for cybersecurity at the U.S. Department of Homeland Security, with backers claiming the legislation would allow for clear decision-making at the agency.

  • December 11, 2017

    DOJ Won't Prosecute Software Co. Over Work In Russia

    Telecommunications software company Netcracker has reached a nonprosecution deal with the U.S. Department of Justice, agreeing to implement enhanced security measures to resolve a criminal investigation alleging that its contracted work had resulted in security “degradation” at the Defense Information Systems Agency, the DOJ announced on Monday.

  • December 11, 2017

    Bitcoin Futures Bring Digital Currencies To Wider Market

    The launch of bitcoin futures trading will likely pave the way for broader market acceptance of cryptocurrencies as investment products, experts said Monday, volatility risks notwithstanding.

  • December 11, 2017

    SEC Halts Food Review Co.’s $15M ICO For Not Registering

    The U.S. Securities and Exchange Commission on Monday said it had shut down a $15 million initial coin offering for a California-based online food review company because the digital tokens being sold to investors had not been registered with the commission.

  • December 11, 2017

    DHS Settles FOIA Suit Over Irish Olympic Coach

    A California federal court on Monday approved a deal between the U.S. Department of Homeland Security and an investigative journalist suing under the Freedom of Information Act to obtain the details of what allowed a former Irish Olympic swim team coach accused of sexual assault to immigrate to the United States.

  • December 11, 2017

    21st Century To Pay $28M Over Gov't FCA Claims, Data Breach

    21st Century Oncology on Monday got a New York bankruptcy court’s approval for two settlements totaling $28 million over U.S. government claims of Medicare overcharges and patient privacy breaches.

  • December 11, 2017

    Uber Settles Privacy Suit With Woman Raped By Driver

    Uber Technologies Inc. agreed Friday in California federal court to an undisclosed settlement to end allegations that executives improperly shared the medical records of a woman who was raped by one of the company’s drivers in India.

  • December 11, 2017

    MVP: Ropes & Gray's Douglas Meal

    Ropes & Gray LLP partner Douglas Meal helped convince the U.S. Supreme Court to preserve a key victory for Media Innovation Group and other internet advertisers in a case involving online tracking while continuing his work steering LabMD through a vital challenge to the Federal Trade Commission's data security enforcement, earning him a spot among Law360's 2017 Cybersecurity & Privacy MVPs.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

Expert Analysis

  • Assessing New Cybersecurity Regs For Defense Contractors

    Theodore Augustinos

    With a new set of cybersecurity compliance requirements for defense contractors and subcontractors becoming effective at the end of this month, now is the time to review and update cybersecurity programs and incident response plans, say Theodore Augustinos and Berne Kluber of Locke Lord LLP.

  • Wrestling With Location Data Privacy At The High Court

    Vanessa Arslanian

    Last week during arguments in Carpenter v. United States, both conservative and liberal U.S. Supreme Court justices seemed inclined to limit warrantless government access to historical cell-site location data, but they voiced different ways to do so, says Vanessa Arslanian at Choate Hall & Stewart LLP.

  • SEC Enforcement: Past, Present And Future

    Brian Rubin

    In Dan Brown’s latest best-seller "Origin," he explores where we come from and how we will evolve. The U.S. Securities and Exchange Commission's fiscal 2017 enforcement report is no "Origin," "The Da Vinci Code" or even "Inferno," but the SEC has raised "Origin"-like questions, say Brian Rubin and Gregory Amoroso of Eversheds Sutherland.

  • Congressional Forecast: December

    Richard Hertling

    Members of Congress face a daunting to-do list in the final weeks of 2017. While some believe a looming deadline will help get things done, there is worry on Capitol Hill that the legislative pileup and long-simmering partisan battles on major budget and policy issues have created a prime opportunity for political brinkmanship to paralyze the high-stakes negotiations, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Key Areas For Reviewing Software-As-A-Service Agreements

    Jane Song

    Agreements for software-as-a-service are often provider favorable and not subject to much negotiation. Still, customers should focus on material areas and attempt to improve on the key terms and conditions present in such agreements, say Jane Song and Ryan Enchelmayer of Paul Hastings LLP.

  • A Critical Review Of The 1st Drone Preemption Case

    Stephen Migala

    There is an objective and fundamental flaw in the recent Singer v. Newton opinion, which involved a city law restricting drones and related questions of federal preemption. The Massachusetts federal court's decision was based in large part on a miscodifed part of the U.S. Code that is not actually the law, says Stephen Migala of Winston & Strawn LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • Regulators, Whistleblowers And The Paradise Papers

    Adam Pollock

    Clients of "Paradise Papers" law firm Appleby Global should now expect that tax authorities in the U.S., the U.K. and elsewhere will closely scrutinize the leaked documents for evidence of tax evasion. And individuals with inside information that sheds further light on these cases stand to reap sizable rewards by filing qui tam actions, says Adam Pollock of Ford O'Brien LLP.

  • Insights On Article III Standing Under Ill. Biometrics Law

    Molly DiRago

    Last week the Second Circuit, in Santana v. Take-Two Interactive Software, affirmed the lower court’s decision that the plaintiffs lacked Article III standing to assert a claim under Illinois’ Biometric Information Protection Act, creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not, say Molly DiRago and Mark Mao of Troutman Sanders LLP.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.