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Cybersecurity & Privacy

  • June 6, 2018

    Email Unsubscription Service Ducks Data Mining Privacy Suit

    A New York federal judge on Wednesday tossed a proposed privacy class action against UnrollMe, a service that helps users unsubscribe from email lists but also sells their anonymized data to third parties, finding that the users — in what he called a "Faustian bargain" — consented to the data mining, however "unseemly" it may be.

  • June 6, 2018

    11th Circ. Frees LabMD From FTC Data Security Order

    The Eleventh Circuit on Wednesday threw out a Federal Trade Commission order directing LabMD to overhaul its data security program, finding that a lack of specifics on how the changes should be implemented doomed the directive while deferring to the agency on the broader question about the scope of its data security authority.

  • June 6, 2018

    Panera Customers End Breach Suit, Say They Weren't Harmed

    An Illinois federal judge Tuesday terminated a proposed class action against fast-casual food chain Panera Bread Co. over an alleged customer information data breach, after the plaintiffs voluntarily dismissed the suit because they were not affected by the incident.

  • June 6, 2018

    Trump Hit With New Suit Over Census Citizenship Question

    The Trump administration on Wednesday was hit with another lawsuit challenging its decision to add a question to the 2020 census asking whether individuals are U.S. citizens, with several immigration organizations contending in New York federal court that the inclusion will depress participation among minorities.

  • June 5, 2018

    Facebook Shares Data With Huawei, Other Chinese Telecoms

    Representatives for Facebook acknowledged Tuesday that it has data-sharing partnerships with Chinese telecommunications companies Huawei, Lenovo, OPPO, and TCL, saying the deals have allowed the social media company to integrate its services onto different phones and adding that it is winding down the Huawei deal by week’s end.

  • June 5, 2018

    Google, YouTube Push To Stop Kids Data Privacy Class Action

    Google and its YouTube subsidiary on Monday moved to ax a putative class action accusing them of unlawfully collecting and using personal information from people under the age of 13 for “commercial gain,” telling a South Carolina federal court that the plaintiffs’ state law privacy claims replicate and are therefore preempted by the federal Children’s Online Privacy Protection Act.

  • June 5, 2018

    Venezuela's Oil Co. Slips Contempt, Attys Dinged In Bribe Suit

    A Florida federal judge ruled Tuesday that an energy trader and one of its employees had not proved allegations of misconduct by Venezuela’s state-owned oil company, PDVSA, in a bribery case it brought against them, but admonished its attorneys over an apparent lack of candor.

  • June 5, 2018

    Lawmakers Raise Concerns About HHS Cyber Law Rollout

    Bipartisan members of key House and Senate committees pressed the U.S. Department of Health and Human Services on Tuesday for answers on how the department is implementing a 2015 law intended to encourage government agencies to share cyberthreat data.

  • June 5, 2018

    Ex-Gov't Background Checker Pleads Guilty To Faking Probes

    A former government background check investigator has pled guilty in D.C. federal court to falsely claiming he carried out interviews and record reviews for security clearance applications that he never actually performed, the latest conviction in the U.S. Department of Justice's effort to ensure the integrity of government background checks.  

  • June 5, 2018

    FTC Slams Telemarketing Operations For Billions Of Robocalls

    Two illegal telemarketing operations and their leaders are facing Federal Trade Commission charges that they are responsible for aiding with billions of robocalls that have plagued consumers across the country, touting a slew of products and services, the agency said Tuesday.

  • June 5, 2018

    Telecom Agency Seeks Advice On Int'l Internet Policy

    The National Telecommunications and Information Administration has put out a wide call for advice on what its international internet priorities should be over the year, asking for comments on ways to ensure the free flow of data, cybersecurity policies and emerging technologies.

  • June 5, 2018

    Consumers Win Certification In Bank Autodialing Suit

    A New Mexico federal judge on Tuesday certified a class of consumers alleging they received autodialed calls from First Community Bancshares Inc. and a subsidiary after they informed the bank it had the wrong number and they were not customers, finding the consumers met the requirements for certification.

  • June 5, 2018

    Huawei Hits Out At Proposed FCC National Security Ban Rule

    Chinese telecommunications equipment manufacturer Huawei has hit back against a proposed Federal Communications Commission rule that would block funds from an $8.5 billion FCC program going to companies who use equipment deemed to pose a threat to national security, calling the proposal unconstitutional and “imprudent” in comments made public Monday.

  • June 5, 2018

    Facebook Fan Page Admin Must Protect Data, EU Court Says

    The European Union's highest court ruled Tuesday that operators of Facebook fan pages are responsible along with the social network for protecting visitors' personal data and affirmed that a German privacy authority can take action against the company despite its European headquarters being in Ireland.

  • June 5, 2018

    Wiley Rein Warns Post-Breach GSA Rules May Delay Payouts

    Wiley Rein LLP has cautioned businesses to quickly indicate who they would like to manage their government contracts, as a backlog of unprocessed affidavits could spell payment delays after the General Services Administration tightened the rules following a cybersecurity breach.

  • June 4, 2018

    Facebook Faces Heat Over 3rd-Party Data Access Report

    Facebook on Sunday fought back against a media report that it had allowed Apple, Microsoft, Samsung and dozens of other device makers broad access to personal data belonging to Facebook users and their friends, as the New York attorney general and several U.S. lawmakers voiced concerns over the news. 

  • June 4, 2018

    Coder Again Seeks To Deep-Six Goldman Theft Verdict

    Former Goldman Sachs programmer Sergey Aleynikov on Monday once again asked a New York state judge to set aside a jury's verdict over his use of the investment bank's high-frequency trading source code, citing faulty jury instructions and double jeopardy concerns.

  • June 4, 2018

    Wash. Sues Google, Facebook Over Campaign Ad Records

    The attorney general of Washington state sued Facebook and Google in state court Monday, alleging the tech giants violated state campaign finance laws that require advertisers keep publicly available records of political advertisements.

  • June 4, 2018

    States Backing Census Citizenship Query Wade Into NY Fight

    A group of 18 states including Florida, Michigan, Oklahoma and Texas got permission from a New York federal judge Monday to join the side of the Trump administration against a coalition of states that has sued to block the controversial decision to add a question on citizenship status to the 2020 census.

  • June 4, 2018

    Consent Disputes Emerge As First GDPR Battlefield

    The first cases to test the reach of Europe’s new privacy regime will let regulators home in on just how much data tech juggernauts truly need to sweep up in order to run their platforms — and what data collections they need to explicitly ask users to consent to, legal experts say.

Expert Analysis

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Banks Suing After Payment Card Breach Face Difficulty

    Donald Houser

    The Seventh Circuit's decision last month in Community Bank of Trenton v. Schnuck may stem the growing tide of financial institution litigation against merchants who fall victim to cyberattacks, say Donald Houser and Ashley Miller of Alston & Bird LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • How GSA Is Dealing With Breach Of Gov't Contractor Database

    Robert Tompkins

    After the System for Award Management was compromised, the General Services Administration recently implemented additional steps to verify SAM users. These steps, while important, have the potential to disrupt contractors' ability to access and update their SAM profiles and potentially their ability to get paid, say Robert Tompkins and Mary Beth Bosco of Holland & Knight LLP.

  • Data Breach Disclosure Lessons From SEC's $35M Yahoo Fine

    Michael Dicke

    The $35 million fine levied against Altaba, formerly known as Yahoo, marks the first time that the U.S. Securities and Exchange Commission has alleged that a company’s failure to disclose a data breach violated the federal securities laws. This enforcement action may also give breach-related securities class actions new life, say Michael Dicke and Alexis Caloza of Fenwick & West LLP.

  • The Slightly Changing Landscape Of Tenn. Employment Laws

    Stephen Price

    In the immortal words of rock band The Pretenders, "some things change, some stay the same." The latter has generally been an accurate description of Tennessee employment laws in the 21st century, but employers should note several recent exceptions, says Stephen Price of Burr & Forman LLP.

  • Will The US Match Or Improve On GDPR Privacy Model?

    Jonathan Walsh

    While aspects of proposed U.S. privacy legislation mirror the EU’s General Data Protection Regulation, none of the pending solutions in Congress provides the level of government protection of user data engendered by the GDPR, say Jonathan Walsh and Edward Combs of Curtis Mallet-Prevost Colt & Mosle LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • A Closer Look At Barnes & Noble Data Breach Ruling

    Joshua Jessen

    The Seventh Circuit's decision last month in Dieffenbach v. Barnes & Noble appears to suggest that data breach plaintiffs who allege Article III injury-in-fact have, by definition, sufficiently pled cognizable damages under their substantive state law claims. But a more careful reading of the opinion reveals that it is largely consistent with existing case law, say Joshua Jessen and Ashley Van Zelst of Gibson Dunn & Crutcher LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.