Cybersecurity & Privacy

  • October 13, 2017

    Media Wants Rethink Of Gag Orders On FBI Data Requests

    Media organizations including The New York Times Co. and Dow Jones & Co. Inc. asked the Ninth Circuit Thursday 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.

  • October 13, 2017

    IRS Suspends Equifax's $7.25M Fraud Prevention Contract

    The IRS has suspended its $7.25 million contract with Equifax Inc. involving taxpayer identity verification services, a company spokesperson confirmed with Law360 on Friday, a move that follows lawmakers’ questioning about why the credit-reporting agency got a contract after it suffered a massive security breach.

  • October 13, 2017

    Travelers Unit Says It Needn't Cover Hotel Breach Claim

    A Travelers unit told a Florida federal court Thursday that it has no duty to defend a hotel company's information technology subsidiary against a claim for losses relating to a data breach, saying the situation doesn’t constitute personal injury or property damage covered by a pair of general liability policies.

  • October 13, 2017

    Hyatt Hotels Says Card Data Breach Affected 41 Properties

    Hyatt Hotels Corp. announced Thursday that malware infiltrated its systems and accessed credit card information of customers who paid at the front desks of 41 hotel locations in 11 countries and encouraged its guests to review their card billing statements.

  • October 13, 2017

    Uber Says Waymo Can't Fish For Source Code Before Trial

    Uber urged a California federal judge Thursday not to force it to surrender its self-driving car source code to Waymo LLC, saying Alphabet Inc.’s self-driving car unit shouldn’t be allowed to go on a “carte-blanche fishing expedition” to reinvent its entire case with just two months before trial.

  • October 13, 2017

    Cybersecurity Review Reveals Global Rules Being Drawn Up

    A “stocktake” of current cybersecurity regulations governing the global financial services sector, published on Friday, has revealed plans to implement a new set of rules in Europe and the U.S. to counter the growing menace of hacking and digital crime.

  • October 12, 2017

    3 Things To Know About Trump's New Pick For DHS Sec.

    In choosing Kirstjen Nielsen, an aide to Chief of Staff John Kelly, to be his next head of the U.S. Department of Homeland Security, Trump has selected someone with cybersecurity and disaster response experience, but a more limited resume on the hot-button issue of immigration. Here are key points to know about Nielsen.

  • October 12, 2017

    France Attack Widow Says Google, Facebook, Twitter Aid ISIS

    A Texas woman whose husband and son were killed in an attack in Nice, France, last year by members of the Islamic State group, commonly known as ISIS, filed a lawsuit in California federal court on Thursday alleging that Twitter Inc., Facebook Inc. and Google Inc. allowed the terrorist group to use their social networks as a tool for spreading propaganda and growing its base.

  • October 12, 2017

    Atlantic Media's GC Says Email Scam Targets Job Applicants

    Atlantic Media’s general counsel has alerted potential job applicants to the prestigious magazine that scammers have been reaching out to would-be applicants for phony job opportunities in a bid to filch their private data.

  • October 12, 2017

    Campbell-Ewald Cuts Need For Class Cert. Bid In TCPA Row

    A North Carolina federal judge on Wednesday rejected an early request for class certification in a suit accusing a global medical therapy provider of sending unsolicited junk faxes, ruling that the placeholder motion was unnecessary given the U.S. Supreme Court’s refusal to endorse individual plaintiff “pick-offs” in its Campbell-Ewald decision.

  • October 12, 2017

    Airline Cargo Co. Hit With Suit Over Biometric Collection

    An airline cargo handling company was hit with a proposed class action in Illinois state court Wednesday that alleges it violates the state’s stringent Biometric Information Privacy Act by storing employees’ fingerprints as part of its time-keeping system without consent.

  • October 12, 2017

    TCPA Exempts Charity Fundraiser's Calls, Illinois Judge Says

    A fundraising company did not violate the Telephone Consumer Protection Act when calling a number on the National Do Not Call Registry to promote a breast cancer charity, because the calls were made on a tax-exempt nonprofit organization's behalf, an Illinois federal court ruled Wednesday.

  • October 12, 2017

    8th Circ. OKs Immigration Evidence From Roommate Consent

    The Eighth Circuit affirmed a ruling Thursday allowing the admission of evidence against a man who was indicted for using a false Social Security number, saying his roommate voluntarily consented to allowing immigration officers to enter the apartment after they had suspected the roommate was in the country illegally.

  • October 12, 2017

    Accused Army Deserter Bergdahl To Enter Plea On Monday

    Accused deserter U.S. Army Sgt. Bowe Bergdahl plans to enter a plea in his court-martial at Fort Bragg, North Carolina, on Monday, the Army said in an emailed statement that did not specify whether Bergdahl would plead guilty or not guilty.

  • October 11, 2017

    UK Lawmaker Joins Grilling Over Equifax Data Breach

    A top U.K. Parliament member on Wednesday piled on to the scrutiny over Equifax's massive data breach, pushing the credit reporting agency and the country's Financial Conduct Authority for more details on the heels of Equifax revealing that the hack compromised as many as 15.2 million U.K. consumers' data. 

  • October 11, 2017

    Häagen-Dazs Can't Slip TCPA Suit Over 'Thank You' Text

    A California federal judge refused Wednesday to throw out allegations that Häagen-Dazs and its parent company, Nestlé, violated the Telephone Consumer Protection Act with unsolicited automated texts thanking customers who signed up for the ice cream maker's rewards program, saying an accompanying link to its app arguably constitutes an advertisement.

  • October 11, 2017

    Patients Fault Cancer Center Over Ch. 11 Plan Info Omissions

    A putative class of 2.2 million patients suing bankrupt cancer treatment center operator 21st Century Oncology over a data breach that exposed their personal information said the company has unacceptably omitted any mention of their claims in its Chapter 11 plan disclosures.

  • October 11, 2017

    Deputy AG Slams Tech Giants For 'Warrant-Proof' Encryption

    Deputy Attorney General Rod Rosenstein on Tuesday blasted major U.S. technology companies for building products with encryption that law enforcement can't circumvent even with a search warrant, questioning why they "make accommodations" for other foreign governments and saying that trying to find middle ground "is unlikely to work."

  • October 11, 2017

    Feds Walk Fine Line On Internet Of Things Security, Rep. Says

    The Democratic co-chair for the Congressional Cybersecurity Caucus said at an “internet of things” event Wednesday that while public-private partnerships should facilitate, rather than mandate, safeguards for connected devices, the federal government will step in when those devices are compromised or malfunction.

  • October 11, 2017

    Hospital Can’t Pause TCPA Suit For Autodial Definition

    A federal judge on Tuesday nixed a California hospital’s bid to pause a suit claiming it illegally robocalled debtors, calling it a stretch for the medical center to claim the case should be frozen while an appeals court defines the Telephone Consumer Protection Act’s scope in cracking down on automatic telephone dialing systems.

Expert Analysis

  • Courts Scrutinizing Warrants For Electronic Data

    Henry Hockheimer

    Recent rulings from a New York federal court in Wey and the D.C. Circuit in Griffith represent a serious pushback to government efforts to write boundless warrants and to seize phones and computers without a sufficiently particularized showing of probable cause, say Henry Hockeimer and Thomas Burke of Ballard Spahr LLP.

  • Making Sense Of The SEC Data Breach

    Scott Kimpel

    Chairman Jay Clayton of the U.S. Securities and Exchange Commission recently made the surprising announcement that the SEC’s EDGAR database had been hacked. The chairman’s statement and subsequent testimony leave a number of critical questions unanswered, says Scott Kimpel of Hunton & Williams LLP.

  • 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.