Cybersecurity & Privacy

  • December 1, 2017

    Flynn’s Plea Deal May Be The Birth Of A Star Witness

    The fact that former National Security Adviser Michael Flynn could stay out of prison after having admitted to lying to FBI agents shows how valuable a witness he may be in Special Counsel Robert Mueller’s ongoing investigation of Russian interference in the 2016 election, legal experts said.

  • December 1, 2017

    Mass. AG, Medicaid Billing Co. Reach Deal Over Data Breach

    Massachusetts Attorney General Maura Healey has announced a deal with a company that processes Medicaid bills for school districts to resolve allegations that it flouted state consumer protection and data security laws in connection with a breach that put children at risk for identity theft and fraud.

  • 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.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Applying Privacy Laws To Health Info About Opioid Use

    Patricia Markus

    The U.S. Department of Health and Human Services recently released guidance explaining when health care providers may share protected health information with family or friends of a patient in crisis, such as following an opioid overdose. However, some may find the guidance less than clear, says Patricia Markus of Nelson Mullins Riley & Scarborough LLP.

  • Opinion

    Trump Campaign Officials Likely Violated CFAA

    Peter Toren

    The publicly available evidence strongly suggests that certain Trump campaign officials had knowledge that Russian hackers had penetrated the Democratic National Committee computer system before this became publicly known, and sought political benefit from this. If that is true, there is probable cause to charge Trump officials, and maybe the president himself, with felony violations of the Computer Fraud and Abuse Act, says former... (continued)

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • CFPB Financial Data Principles: Whose Data Is It Anyway?

    David Beam

    The Consumer Financial Protection Bureau recently released guidance addressing consumer protection principles for consumer-authorized financial data sharing and aggregation. Attorneys with Mayer Brown LLP discuss what the new guidance entails and what it may mean for consumers, fintech companies and the financial services industry.