Cybersecurity & Privacy

  • October 3, 2017

    Waymo-Uber Trade Secret Trial Delayed As Judge Blasts Attys

    U.S. District Judge William Alsup on Tuesday granted Waymo’s request to delay the trial in its trade secret suit against Uber until December due to Uber’s slow document production, but not before lashing out at counsel on both sides, saying he "cannot trust what they say.”

  • October 3, 2017

    9th Circ. Judge ‘Creeped Out’ By ESPN, Adobe Data Swap

    A Ninth Circuit judge appeared open Tuesday to reviving a putative class action alleging ESPN wrongfully disclosed app users' personal information to Adobe, saying during a hearing she’s “creeped out” by companies that share viewer data to target internet advertising and suggesting it may be a privacy invasion Congress intended to prevent.

  • October 3, 2017

    DOD Wants Kaspersky Halt For Classified Contractor Systems

    Federal contractors who use classified information systems must stop using products made by AO Kaspersky Lab, the Defense Security Service announced Monday, following a similar directive issued to federal agencies that cited potential security risks from links between Kaspersky officials and the Russian government.

  • October 3, 2017

    Trump Cyber Adviser Vows More Disclosure Of Software Holes

    A top cybersecurity expert for the Trump administration on Tuesday vowed more transparency in how the government discloses vulnerabilities it finds in software, even as he cautioned against overloading companies with layers of conflicting state and federal regulations protecting consumers’ private information.

  • October 3, 2017

    Ex-Equifax CEO Defends Breach Response To Skeptical Reps

    U.S. House members grilled Equifax’s former CEO on Tuesday about the credit bureau’s handling of a data breach that impacted the personal information of 145.5 million people, blasting his refusal to acknowledge that consumers were likely to face harm and floating proposals to establish national data security standards and force businesses to pay consumers for such hacks.

  • October 3, 2017

    Ticketmaster Says Withheld Docs An Error In Antitrust Row

    Live Nation and Ticketmaster asked a California federal judge on Tuesday not to sanction them for failing to produce nearly 4,000 documents during initial discovery in Songkick's suit alleging the companies have a monopoly on ticket sales, saying the human error was an unintentional oversight and reflects a minuscule fraction of the documents it produced without a hitch.

  • October 3, 2017

    Ambulance Co. Sued Over Collection Of Worker Biometric Info

    Superior Air-Ground Ambulance Service Inc., a Chicago-area ambulance service, has been hit with a proposed class action in Illinois federal court alleging it collects biometric information from its employees without their consent.

  • October 3, 2017

    Industry Groups Urge National Internet Of Things Policy

    A report released Tuesday by a coalition of tech industry groups and companies including Samsung calls on the United States to adopt a national strategy on the internet of things, enacting legislation to ensure the nation benefits from the evolving network of internet-connected cars, appliances and other devices while also managing cybersecurity concerns.

  • October 3, 2017

    Attys Float $2.7M Fee Request For Caribou TCPA Suit

    Attorneys for a consumer who accused Caribou Coffee Co. Inc. of violating the Telephone Consumer Protection Act by sending unsolicited text messages have asked a Wisconsin federal court for roughly $2.7 million in fees and costs, saying an $8.5 million settlement wouldn’t have happened without their hard work.

  • October 3, 2017

    ESPN Slams Privacy Watchdog’s Brief In App User’s Suit

    ESPN Inc. argued Monday that the Electronic Privacy Information Center ignored crucial parts of the U.S. Supreme Court and Ninth Circuit’s Spokeo rulings in its amicus brief backing an app user’s suit accusing the sports network of running afoul of the Video Privacy Protection Act.

  • October 3, 2017

    Senate Dems Roast Wells Fargo CEO Over Accounts Scandal

    Wells Fargo & Co. CEO Tim Sloan faced questions from Senate Democrats about whether he should be fired, whether the bank would enforce arbitration agreements on customers who had been the victim of the bank’s fake accounts scandal and whether Wells Fargo should have its charter revoked at a raucous Senate hearing on Tuesday.

  • October 2, 2017

    Food Co. Hit With Class Action Over Employee Fingerprinting

    A group of employees at an Illinois-based packaged food product manufacturer are suing their employer in state court, claiming the company's collection of worker fingerprints for time-tracking purposes violates the state's biometric information privacy law.

  • October 2, 2017

    Ex-Mass. RMV Clerks To Plead Guilty Over Fake ID Scheme

    Four ex-Massachusetts Registry of Motor Vehicles clerks and a co-conspirator have agreed to plead guilty in connection to allegations that they participated in a scheme to produce fake identification documents for undocumented immigrants, the U.S. District Attorney’s Office for the District of Massachusetts announced Monday.

  • October 2, 2017

    Justices Won't Hear Fla. Hospital's Records Access Case

    The U.S. Supreme Court refused Monday to wade into a dispute challenging a Florida constitutional amendment that requires broad access to incident reports of adverse medical events for malpractice cases.

  • October 2, 2017

    Spokeo Dooms UPS Background Check Suit, Judge Rules

    A rejected applicant to UPS Inc. can’t sustain a proposed Fair Credit Reporting Act class action over the company’s alleged failure to disclose background check results because he got his report from another source and so was not harmed per the U.S Supreme Court’s Spokeo decision, a Florida federal judge said Monday.

  • October 2, 2017

    Equifax Failed To Fix Security Flaw In March, Ex-CEO Says

    Equifax learned in March of the vulnerability that allowed hackers to access the sensitive personal data of what the company now says was 145.5 million individuals, but failed to patch the flaw that led to the cyberattack that went undetected for more than two months, its former CEO will tell a House committee Tuesday. 

  • October 2, 2017

    Waffle House Wants Applicant Background Check Suit Tossed

    Waffle House asked a Florida federal judge on Friday to toss a putative class action over its alleged practice of conducting background and credit checks on potential hires, arguing the applicants cannot show any actual injury or that it had conducted any searches without a permissible purpose.

  • October 2, 2017

    Justices Won't Hear 2nd Appeal Of Online Threat Conviction

    The Supreme Court will not review the reinstated conviction of a Pennsylvania man who threatened his estranged wife via Facebook and whose initial conviction was overturned by the high court two years ago, it said Monday.

  • October 2, 2017

    Pfizer Loses Bid To Stop Rebate Disclosures To Lawmakers

    Pfizer Inc. fell short of proving the disclosure of its drug pricing and rebate information to two state legislators by the Texas Health and Human Services Commission was a violation of the Federal Medicaid Confidentiality Provision, a federal judge in Texas found on Friday, denying the pharmaceutical giant's bid for an injunction against the commission.

  • October 2, 2017

    US Nets $48M From Forfeited Silk Road Bitcoins

    The mastermind behind the defunct deep web market Silk Road who is serving a life sentence after federal prosecutors shut down the illegal drug website has given up a four-year struggle and forfeited $48 million in Bitcoin proceeds, authorities said Friday.

Expert Analysis

  • Insurers Win Series Against Lakers In TCPA D&O Shootout

    Lawrence Bracken II

    This month, the Ninth Circuit affirmed that the Los Angeles Lakers were not entitled to coverage for a fan's class action alleging violations of the Telephone Consumer Protection Act. This decision should not be seen to foreclose future TCPA defendants from obtaining D&O coverage, but it sends a staunch reminder to policyholders that they should carefully analyze the language of their policies, say attorneys with Hunton & Williams LLP.

  • An Emerging Patchwork Of Cybersecurity Rules

    Michael Bahar

    With the recent adoption of cybersecurity regulations governing broker-dealers and investment advisers registered in Colorado and Vermont, the landscape of cybersecurity regulation continues to evolve. For businesses not yet covered by cyber regulations, these latest moves indicate that the day of reckoning may be coming, say attorneys with Eversheds Sutherland.

  • Takeaways From Split DC Circ. Ruling On Cellphone Warrant

    Thomas Zeno

    Even though the incriminating evidence at stake in Griffith was a firearm, the D.C. Circuit's majority and dissenting opinions provide insight into several issues related to execution of a search warrant seeking a cellphone, say Thomas Zeno and Caleb Barker of Squire Patton Boggs LLP.

  • FTC’s First Foray Into Gig Economy Data Security

    James DeGraw

    The Federal Trade Commission’s recent action against Uber reflects its untested but expansive interpretation of “consumer” under the FTC Act to include not only the users in the shared economy, but also some service providers. It also highlights the agency's tightened expectations of what is required to “reasonably” secure data from internal users, say attorneys with Ropes & Gray LLP.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • Sellers Are Not Liable For Independent Contractors' Calls

    Patrick McLaughlin

    The Ninth Circuit's recent decision in Jones v. Royal found that a seller was not vicariously liable for calls made by a telemarketer in violation of the Telephone Consumer Protection Act. Sellers should review their contracts and make sure that their telemarketers are independent contractors in order to minimize their liability, says Patrick McLaughlin of Spencer Fane LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • 6 Cybersecurity Questions Gov't Contractors Should Address

    Gregory Garrett

    Based on their recent discussions with more than 100 government contractors, Gregory Garrett and Karen Schuler of BDO LLP outline six pain points related to the implementation of cybersecurity information governance, risk management and compliance.

  • NY Regulations Set The Bar High For Cybersecurity Standards

    Daniel Ilan

    New York’s cybersecurity regulations take effect on Aug. 28, marking a significant milestone in what is likely to be a new era in cybersecurity regulation on both a national and international level. The regulations are already playing a role in setting expectations for best practices across the financial services industry, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.