Cybersecurity & Privacy

  • February 5, 2018

    Motel Operator Hits Another Co. With Junk Fax Suit

    A Connecticut federal judge has refused to toss Gorss Motels Inc.'s proposed class action against AVM Enterprises Inc. alleging AVM violated the Telephone Consumer Protection Act by sending junk faxes to the motel operator, ruling the question of whether the faxes were unsolicited couldn't be resolved at this stage.

  • February 5, 2018

    Global Hacking Tool Shut Down By EU Crime Agencies

    A joint effort by law enforcement agencies across Europe has eradicated a relatively inexpensive hacking tool that cybercriminals had used to take control of thousands of individuals' and businesses' computers around the globe, the U.K.'s National Crime Agency said Monday.

  • February 5, 2018

    What The New FTC Means For 'Open Internet' Enforcement

    In the wake of the Federal Communications Commission's contentious vote to overturn Obama-era net neutrality rules and to hand enforcement against online abuses largely to the Federal Trade Commission, the FTC is itself being remade with a slate of new nominees.

  • February 5, 2018

    Free Speech Advocates Join Challenge To Border Searches

    Free speech advocates urged a Massachusetts federal court Friday to reject immigration authorities’ attempt to toss a suit challenging warrantless search and seizure of electronic devices at the border, arguing that such devices store vast amounts of private information that constitutes protected speech.

  • February 5, 2018

    RMBS Investors Lose Class Cert. Bid In Suit Against HSBC

    A New York federal judge has declined to certify two proposed classes of investors in suits accusing HSBC Bank USA NA of bungling its duties as trustee to more than 200 residential mortgage-backed securities trusts, ruling that would-be class members face too many individual questions around standing and statutes of limitations to warrant class treatment.

  • February 5, 2018

    Alleged Russian Spam Kingpin Extradited To US

    A Russian computer programmer U.S. authorities call one of the “world's most notorious criminal spammers” has been extradited to the U.S. to face charges that he operated the “Kelihos” network of infected computers, spewing spam and other malicious software to users all over the world.

  • February 5, 2018

    DOD Forming Cryptocurrency Guide For Background Checks

    The Defense Security Service said Monday it is working with other U.S. Department of Defense offices to develop guidance on whether cryptocurrency ownership must be disclosed in applications for federal security clearances, following a number of inquiries from the industry.

  • February 5, 2018

    Vertex To Pay $4.75M To End TCPA Case Over Hep C Faxes

    A Massachusetts federal judge was asked Friday to preliminarily approve Vertex Pharmaceuticals Inc.’s $4.75 million settlement to end putative class action claims the company violated the Telephone Consumer Protection Act by faxing unsolicited invitations to an event about its hepatitis C therapy.

  • February 5, 2018

    Hacking Suspect Lauri Love Wins Appeal Of US Extradition

    A U.K. high court ruled Monday that Lauri Love, a British student charged with a series of hacks into U.S. government websites, will not be extradited, citing the risk that the accused hacker would kill himself if he were to face trial in America.

  • February 5, 2018

    T-Mobile Allowed Hackers To Steal Cryptocurrency, User Says

    A T-Mobile USA Inc. customer filed suit in Washington federal court Sunday alleging that the company’s lacking security measures left the door open for wrongdoers to access his wireless account and drain his cryptocurrency exchange account.

  • February 2, 2018

    Online Marketing Firm Wants 'Wiretap' Claims Tossed

    Online marketing company NaviStone Inc. urged a New Jersey federal court Friday to quash a proposed class action suit claiming its customer tracking software is illegal, arguing that its tracing tools installed on Quicken Loans Inc.’s website do not “intercept” data as part of a  “wiretap” because visitors are a party to the messages.

  • February 2, 2018

    New Online Portal To Streamline Mass. Data Breach Reporting

    The Massachusetts attorney general is launching a new online portal that will make it easier for businesses to comply with their obligation to timely report data breaches, and will soon roll out an electronic database that will allow state residents to quickly view information about these incidents, the state’s attorney general said Thursday.

  • February 2, 2018

    Ex-Venable Atty Gets 7 Years For Laundering $2M

    A Virginia federal judge on Friday sentenced a former Venable LLP and Arent Fox LLP patent attorney to seven years in prison after he pled guilty to laundering more than $2.1 million while employed at another firm as part of a catfishing scheme uncovered by U.S. Immigration and Customs Enforcement.

  • February 2, 2018

    House Panel Leader Tells DHS To Cough Up Kaspersky Docs

    The chairman of the House Science, Space and Technology Committee has ordered the U.S. Department of Homeland Security to hand over documents related to compliance with its order barring federal agencies from using AO Kaspersky Lab products, threatening a subpoena if it doesn’t comply.

  • February 2, 2018

    Disputed Memo Claims FBI Misled Spy Court On Trump Aide

    The House Intelligence Committee released a contentious memorandum Friday over the objections of the FBI, alleging it and the U.S. Department of Justice misled a spy court about a politically driven dossier undergirding the FBI's surveillance of a Trump campaign adviser.

  • February 2, 2018

    Uber's Data Drama Puts 'Bug Bounties' In The Spotlight

    Uber’s $100,000 payoff to hackers who reportedly revealed a security flaw but then demanded increased payment to release stolen data has spawned regulatory backlash that may force companies to re-evaluate how they can employ so-called "bug bounty" programs without running afoul of the law.

  • February 2, 2018

    Judge OKs $1M Deal In Zurich, Flooring Co. Coverage Row

    A Florida judge signed off Thursday on a $1 million deal to end a dispute over Zurich American’s attempt to dodge coverage of a now-bankrupt flooring business' $2.1 million class action judgment for sending unsolicited faxes.

  • February 2, 2018

    Brooklyn Prosecutor Who Wiretapped Ex-Lover Gets 1 Year

    A Brooklyn prosecutor who copped to forging judges' signatures to illegally wiretap a married police detective with whom she’d had an affair and his new romantic interest was sentenced Friday to a year in federal prison.

  • February 2, 2018

    Kirkland's Gets Consumer Privacy Suit Put On Hold

    A Pennsylvania federal judge has approved a Kirkland’s Inc. motion to pause a proposed data privacy consumer class action against the home decor chain until a similar matter is decided by the Third Circuit.

  • February 2, 2018

    British Data Regulator Warns Against GDPR 'Box Ticking'

    The U.K. data protection agency urged public sector leaders on Friday to promote accountability and deter staff from "box ticking" when Europe's formidable information rulebook takes effect in less than four months.

Expert Analysis

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • DFARS Cyber Compliance And Potential For FCA Risk

    Colleen Brown

    For all the focus on the Dec. 31, 2017, deadline for complying with the new cybersecurity requirements of the Defense Federal Acquisition Regulation Supplement, contractors must also remember to focus on compliance into the New Year. Gaps may invite False Claims Act investigations and lawsuits, say attorneys with Sidley Austin LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • New Obstacles For VPPA Plaintiffs At 9th Circ.

    Joshua Jessen

    Although the lure of hefty statutory damages under the Video Privacy Protection Act means that VPPA litigation will almost certainly continue, the Ninth Circuit's recent decision in Eichenberger v. ESPN is another setback for plaintiffs attempting to map this pre-internet law onto modern platforms that serve video content, say attorneys with Gibson Dunn & Crutcher LLP.

  • Biometrics In The Workplace: Best Practices For Compliance

    Thomas Mandler

    Biometric technology may provide higher security and greater efficiencies for employers, but with new technology comes new risks and a patchwork of new legal frameworks to be followed, say attorneys with Akerman LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • The Future Of Bitcoin Futures

    Colin Lloyd

    Trading in bitcoin futures opened this week on the CBOE Futures Exchange, with offerings from the Chicago Mercantile Exchange and the Cantor Exchange to soon follow. In designing their contracts, the exchanges had to make decisions about contract size, tenor, and trading and settlement conventions, with some notable consequences, say Colin Lloyd and James Michael Blakemore of Cleary Gottlieb Steen & Hamilton LLP.

  • A GDPR Primer For US-Based Cos. Handling EU Data: Part 2

    Caroline Krass

    In the final part of this series about the General Data Protection Regulation, attorneys at Gibson Dunn & Crutcher LLP explain the stringent restrictions placed on cross-border data transfers to countries outside of the European Union, various compliance mechanisms and penalties, and potential deviations in implementation among EU member states.