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Cybersecurity & Privacy

  • September 17, 2018

    Ex-Equifax Exec Should Face Insider Trading Charges: Judge

    A Georgia magistrate judge recommended keeping alive two insider trading charges against a former Equifax Inc. executive accused of selling shares of the company before news of a massive hack broke last year, saying Monday that both charges are different and detailed enough to survive a dismissal bid.

  • September 17, 2018

    New Commissioner Could Help Clayton's SEC Agenda

    The arrival of Commissioner Elad Roisman to fill the U.S. Securities and Exchange Commission’s lone vacancy likely bolsters Chairman Jay Clayton’s agenda on certain deregulatory items, experts said, and could provide a critical voice to cryptocurrency matters facing the SEC.

  • September 17, 2018

    Calif. Starts Ball Rolling With Novel Internet Of Things Law

    California is poised to become the first state to enact rules mandating security features for internet-connected devices, marking a modest first step in what is likely to be a flurry of activity in the coming years to more tightly regulate emerging technologies at the state and federal levels, experts say.

  • September 17, 2018

    Hawk Systems Investor Fights For Control In Chancery

    An investor of biometric security firm Hawk Systems Inc. told a Delaware Chancery Court judge Monday that he is the majority stockholder of the company and its sole director after the company was abandoned by other board members following the alleged looting of investor funds.

  • September 17, 2018

    NSA Must Give Up Info In Olympics Spy Suit, Attendees Say

    A group of 2002 Winter Olympics attendees who claim they were spied on by the U.S. National Security Agency asked a Utah federal court to compel the agency to respond to their discovery requests, saying the NSA is hiding behind invalid state secret objections.

  • September 17, 2018

    Perkins Coie Adds Veteran Telecom, Media Partner In D.C.

    Perkins Coie LLP announced Friday that it has hired a former partner at Steptoe & Johnson LLP with experience advising satellite, telecommunications and new media companies on regulatory issues, and expertise in net neutrality.

  • September 17, 2018

    North Korea Hits Back At Sony, WannaCry Hacking Charges

    North Korea has shot back at a U.S. federal complaint alleging that a North Korean government-backed programmer was behind the 2014 hack of Sony Pictures Entertainment Inc. and destructive "WannaCry" cyberattacks that cost the global economy hundreds of millions of dollars, calling the charges a "smear campaign."

  • September 17, 2018

    15 Minutes With Robinhood Markets' General Counsel

    Archit Shah earned a degree in computer science and engineering from the Massachusetts Institute of Technology without any idea that he’d later apply to and graduate from Harvard Law School. Now, he draws on both degrees as the general counsel of financial services company Robinhood Markets Inc. Here, Shah explains how he came to realize he wanted to study law and the characteristics he looks for in potential in-house candidates.

  • September 17, 2018

    Yahoo Successor Expects Data Breach Deals To Cost $47M

    Yahoo Inc. successor company Altaba Inc. believes that its settlements of consumer and shareholder litigation stemming from massive data breaches affecting billions of users will end up costing it about $47 million, according to a Monday securities filing.

  • September 14, 2018

    The Privacy Fight For Digital Data Warrants Is Just Starting

    Lower courts are already grappling with the U.S. Supreme Court's June ruling in Carpenter v. U.S. telling authorities to get a warrant for cellphone location data, which privacy lawyers say is just the tip of the iceberg as disputes loom about other types of digital data that can reveal intimate details about someone's life.

  • September 14, 2018

    Abortion Foe Asks 9th Circ. To Nix $195K Sanction For Videos

    An anti-abortion activist urged the Ninth Circuit Friday to reverse sanctions against him and his attorneys for violating a court order by posting surreptitiously recorded videos of abortion providers on the internet, saying the lower court’s $195,000 sanctions were unlawful because they were meant to punish, not compensate the National Abortion Federation.

  • September 14, 2018

    Small Businesses Defend Claims In Equifax Data Breach MDL

    A group of small businesses from across the country pushed back against Equifax’s bid to dismiss their class action complaint from multidistrict litigation over its massive data breach last year, arguing that they do have standing to pursue claims even though it was their owners’ personal information that was compromised.  

  • September 14, 2018

    FOIA Suit Seeks Docs On Alleged IRS Disclosure Of Tax Info

    A conservative watchdog has slapped the government with a Freedom of Information Act suit in D.C. federal court, saying the U.S. Department of Justice has refused to turn over documents on allegations that the Internal Revenue Service shared 1.1 million pages of confidential information on tax-exempt groups with the FBI.

  • September 14, 2018

    Kimpton Data Breach Deal Rejected Over Settlement Cap

    A California federal judge has denied for the second time Kimpton Hotel & Restaurant Group LLC's settlement with a proposed class of consumers suing over a 2016 data breach, questioning whether the settlement with a cap of $600,000 is designed to fully compensate anyone who was injured.

  • September 14, 2018

    Census Citizenship Fight Likely Headed For NY Trial

    Manhattan U.S. District Judge Jesse M. Furman told the Trump administration Friday he is likely to order a trial to determine if Commerce Secretary Wilbur Ross was motivated by legitimate policy reasons, or by discrimination, when he added a question about citizenship status to the 2020 census.

  • September 14, 2018

    Manafort Pleads Guilty And Will Cooperate With Mueller

    President Donald Trump's former campaign chairman, Paul Manafort, pled guilty Friday to two counts of conspiracy and obstruction of justice, in a deal that requires him to cooperate with Special Counsel Robert Mueller's investigation into Russian election interference and potential collusion with the Trump campaign.

  • September 13, 2018

    Google, Ad Cos. Accused Of Flouting EU Privacy Law

    Private web browser Brave is leading a push for the U.K. and Irish data protection commissioners to probe the practices of Google and other digital advertisers, alleging that the industry's broadcasting of personal data tied to targeted ads violates the European Union's General Data Protection Regulation.

  • September 13, 2018

    European Court Says UK Surveillance Violated Privacy Laws

    The United Kingdom's former regime for the bulk interception and collection of internet communications violated basic human rights by failing to ensure oversight of surveillance requests, the European Court of Human Rights said Thursday, a decision advocates hope will boost efforts to rein in other government spying tools. 

  • September 13, 2018

    SEC Seen As Broadening Crypto Reach With Latest Actions

    U.S. regulators’ first-of-their-kind actions against a hedge fund and broker-dealers in the cryptocurrency sphere this week indicate that the agencies' focus is shifting beyond issuers of digital tokens to any person or entity that eventually touches these types of securities, including investors, brokers or exchanges, experts said.

  • September 13, 2018

    DC Circ. Analyzes IRS Rule In FOIA Row Over Trump Returns

    A privacy group’s battle to obtain President Donald Trump’s tax returns centered on whether public citizens or the government bear the burden to show if disclosure is warranted during oral arguments in the D.C. Circuit Thursday.

Expert Analysis

  • Confusion In Calif. Privacy Act’s Anti-Discrimination Rule

    Grant Davis-Denny

    A unique feature of the California Consumer Privacy Act is its provision that expressly prohibits businesses from discriminating against California residents for exercising their CCPA rights. It allows two exceptions, but both contain significant ambiguities, says Grant Davis-Denny of Munger Tolles & Olson LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • Federal Criminal Liability Confusion Under CFAA

    Jonathan Etra

    Two recent federal court decisions — Hamilton Group Funding v. Basel in the Southern District of Florida and Hill v. Lynn in the Northern District of Illinois — confirm just how broad and unpredictable the scope of the Computer Fraud and Abuse Act can be, say Jonathan Etra and Christopher Cavallo of Nelson Mullins Broad and Cassel.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • What Banks Should Know About 'Fiserv' Data Breach Risk

    Paige Boshell

    Banks that use Fiserv — an outsourcing vendor for community banks in the U.S. — for online banking may have recently had their customer account information exposed. Paige Boshell of Privacy Counsel LLC explains immediate steps for banks to proactively mitigate risk.

  • Cos. Must Prepare For Toughening Russia Sanctions

    Mario Mancuso

    On Monday, the U.S. Department of State enacted the first round of sanctions against Russia in response to the March 2018 poisoning of the Skripal family in the United Kingdom. The impact of these sanctions is somewhat limited, but the next round of sanctions, expected in early November, may be more sweeping, say attorneys with Kirkland Ellis LLP.

  • Securing Mobile Health Data — NIST Weighs In

    Gretchen Ramos

    Until recently, there has been little guidance in terms of mobile health security frameworks. The National Institute of Standards and Technology's new 260-page guide is an important step toward making health apps more secure, say Gretchen Ramos and Zerina Curevac of Greenberg Traurig LLP.