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Cybersecurity & Privacy

  • August 31, 2018

    What To Watch In Kavanaugh's Confirmation Hearing

    Judge Brett Kavanaugh's confirmation hearing before the Senate Judiciary Committee starting Tuesday promises to be one of the most public spectacles of his career, with the D.C. Circuit jurist taking a step into the spotlight on his path toward replacing retired Justice Anthony Kennedy on the U.S. Supreme Court.

  • August 31, 2018

    Software Co. Not Covered For Biometric Suit, Insurers Say

    A pair of insurers told a California federal court that they have no duty to defend or indemnify health care software provider Omnicell Inc. in a proposed class action accusing the company of violating Illinois’ biometric privacy law by improperly retaining fingerprint data for a hospital’s employees, saying Omnicell’s policies exclude claims for statutory violations.

  • August 31, 2018

    Insurer Premera Accused Of Wiping Evidence In Breach Case

    Health insurer Premera Blue Cross has been accused in Oregon federal court of destroying a key computer and software logs that may have shown evidence of a 2015 data breach that affected 11 million people.

  • August 31, 2018

    Polsinelli Gains EU Privacy Expert As Shareholder

    Polsinelli PC has added a former Holland & Hart LLP partner who brings years of experience advising companies on privacy issues in both the U.S. and the U.K. and a deep understanding of European privacy laws and their impact on multinational businesses.

  • August 31, 2018

    Hertz Can't Motor Out Of TCPA Suit Over Robocalls

    Hertz has lost its bid for a quick win in a consumer’s proposed class action accusing it of flouting the Telephone Consumer Protection Act with robocalls, with an Illinois federal judge holding that a reasonable jury could find that he revoked consent when he asked the rental car company to stop calling.

  • August 31, 2018

    DraftKings Files Suit To Unmask Perps In Cyberattack

    Daily fantasy sports giant DraftKings Inc. on Thursday filed suit in Massachusetts federal court seeking to unmask and punish the parties linked to 10 IP addresses that they say carried out a cyberattack on the website, resulting in a 26-minute denial of service.

  • August 30, 2018

    Cisco's 'Odious' Defense May Survive In IP Suit, Judge Says

    A California federal judge indicated Thursday she would not strike Cisco's inequitable conduct defense to Finjan Inc.’s infringement suit over anti-virus technology, but called the tech giant’s assertion that one patent is unenforceable due to allegedly false statements a Finjan attorney made to the U.S. Patent and Trademark Office “pretty odious.”

  • August 30, 2018

    Google, Class Urge High Court To Bless $8.5M Privacy Pact

    Google and a class of consumers on Wednesday shot back at bid before the U.S. Supreme Court to erase an $8.5 million privacy settlement under which class members stand to receive none of the funds, arguing that such deals benefit consumers that stand to recover only "paltry sums" as part of massive classes while keeping down the cost of litigation. 

  • August 30, 2018

    RJR Must Turn Over List Of Asbestos Litigants, Pa. Court Says

    R.J. Reynolds Tobacco Co. must produce lists of customers and employees who have sued over asbestos-containing cigarette filters because the lists don't contain private or privileged information, a Pennsylvania appeals court ruled Thursday.

  • August 30, 2018

    Indicted Russian Co. Can't Intervene In Contempt Appeal

    The D.C. Circuit on Thursday rejected a bid by a Russian company charged with influencing the 2016 U.S. presidential election to intervene in a separate contempt case against an aide for President Donald Trump confidant Roger Stone, holding that the company hasn't shown it has standing.

  • August 30, 2018

    USPS Admits Release Of Candidate's Security Clearance Info

    The U.S. Postal Service on Thursday took responsibility for mistakenly and “inappropriately” releasing the federal security clearance information of a Democratic congressional candidate and former Central Intelligence Agency officer to a Republican super PAC, after the group used information from the file to publicly attack her candidacy.

  • August 30, 2018

    Ga. Voters' Suit Seeking Paper Ballot Switch Marches On

    A Georgia federal judge held that litigation seeking to force the state to replace its allegedly insecure and unreliable electronic voting system with paper ballots can move forward, disagreeing with officials’ claims that the court lacks jurisdiction over the suit lodged by a voting integrity group and several residents.

  • August 30, 2018

    3 Things You Need To Know About NY's Latest Cyber Regs

    Companies will need to destroy old data, safeguard their information reserves and retrace breaches using digital breadcrumbs as part of new rules taking effect Tuesday in New York state's first-of-its-kind cybersecurity regulation. Here, Law360 breaks down three key issues.

  • August 30, 2018

    Advocates Urge Sens. To Press Kavanaugh On Privacy Issues

    The Center for Democracy and Technology sent a letter Wednesday to Congress with a list of recommended privacy-related questions to ask Judge Brett Kavanaugh at his Supreme Court confirmation hearing, saying it believes his views would work against the American people.

  • August 30, 2018

    Job Hopefuls Can Sue Over Unshared Background Checks

    Workers denied jobs due to the results of pre-employment background checks have standing to sue under the Fair Credit Reporting Act when companies don’t give them copies even of accurate reports, the Seventh Circuit said Wednesday in a published decision reviving part of a class action against a financial services firm.

  • August 29, 2018

    Calif. Privacy Law Needs Broader Lawsuit Avenue, AG Says

    California’s attorney general has jumped into the fight over what changes should be made to a recently enacted landmark privacy law, urging state lawmakers to broaden consumers' ability to bring lawsuits and to strike requirements that he claims would result in his office providing "unlimited legal advice" to businesses. 

  • August 29, 2018

    Facebook Wants Fraud Suits Moved As Firms Angle For Lead

    A New York federal judge gave two securities class action plaintiffs permission to intervene in a pair of stock-drop suits against Facebook Inc. on Wednesday, saying the plaintiffs could seek to stay the competing cases while the social network company prepares a request to centralize the whole dispute in California.

  • August 29, 2018

    Advocacy Groups Urge Movement On Privacy Board Noms

    Dozens of advocacy organizations wrote to the leaders of the Senate Judiciary Committee on Wednesday, asking for the prompt consideration of President Donald Trump's last two nominees to the Privacy and Civil Liberties Oversight Board, saying the absences have left the agency unable to perform critical work relating to oversight of federal surveillance programs.

  • August 29, 2018

    'World Computer' Project Raises $102M In VC Funding

    Dfinity Foundation, a blockchain-based cloud computing project that aims to become the “decentralized world computer,” said Wednesday that it has raised $102 million in funding from venture capital investors led by Andreessen Horowitz and Polychain Capital.

  • August 29, 2018

    Huawei Enlists FTC To Fight US National Security Ban

    Huawei has asked the Federal Trade Commission to persuade the federal government to reverse a planned ban on the tech company's products, saying the company is being unfairly scapegoated as a national security threat when the true motivation is to reduce competition for U.S. businesses. 

Expert Analysis

  • Genetic Testing Cos. Must Examine Illinois Privacy Law

    Michelle Gillette

    The recent arrest of the Golden State Killer raises thorny issues of genetic privacy — and these questions will only become more difficult as the commercial genetic testing industry continues to grow. Compliance with the Illinois Genetic Information Privacy Act is critically important for companies doing business in this space, say Michelle Gillette and Josh Thomas Foust of Crowell & Moring LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • How New Credit Freeze Law May Affect Data Breach Cases

    Robert Kriss

    Congress recently enacted a law that enables consumers to freeze their credit reports to prevent identity theft at no cost, which could have significant implications for whether data breach class actions will be certified and, if they are, the amount of potential damages, say Robert Kriss and Corwin Carr of Mayer Brown LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Opinion

    TCPA: An Antiquated Law That Needs To Be Fixed

    David Carter

    After years of bearing witness to an influx of Telephone Consumer Protection Act litigation, reading nearly every TCPA opinion issued by the federal courts and talking with countless businesses, my conclusion is that the TCPA fails to reach its primary goal of protecting consumers from unwanted calls, says David Carter of Innovista Law PLLC.

  • California’s Consumer Privacy Act Vs. GDPR

    Grant Davis-Denny

    While the drafters of the California Consumer Privacy Act looked to Europe’s General Data Protection Regulation as a model, they did not parrot the GDPR’s language, adopt all of its requirements or limit themselves to the GDPR’s provisions. There are some key similarities and differences to keep in mind, says Grant Davis-Denny of Munger Tolles & Olson LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • To Ease Pain Of Breach Notification Laws, Protect Passwords

    Jason Wool

    Arizona just became the latest state to require notification for breaches of online credentials, and more jurisdictions are likely to follow. Organizations should take this opportunity to minimize the likelihood of password-related incidents that could give rise to breach notification obligations, says Jason Wool of ZwillGen PLLC.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.

  • Possible Defects In California's New Privacy Law

    Peter Pizzi

    The California Consumer Privacy Act — the first attempt of any U.S. state to endow residents with strong rights regarding the collection and use of their data — is rife with kinks to be sorted out. None looms bigger than the First Amendment infirmities, says Peter Pizzi of Walsh Pizzi O'Reilly Falanga LLP.