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Cybersecurity & Privacy

  • November 13, 2018

    Justices Turn Away LabMD's Appeal In Tiversa Fraud Row

    The U.S. Supreme Court on Tuesday turned down an appeal from LabMD Inc., which had taken issue with the Eleventh Circuit blocking the company from implicating a Pepper Hamilton LLP lawyer for fraud in an underlying cybersecurity case because he wasn’t listed on the docket.

  • November 13, 2018

    Experian Strikes $22M Deal Over T-Mobile Data Breach

    Experian has asked for preliminary approval of a $22 million class action settlement in California federal court, ending privacy claims from 15 million T-Mobile customers who had their information released in a data breach.

  • November 13, 2018

    Trump Picks Regulatory Czar For Kavanaugh's DC Circ. Seat

    President Donald Trump on Tuesday named the chief of the Office of Information and Regulatory Affairs for the D.C. Circuit post vacated by U.S. Supreme Court Justice Brett Kavanaugh, setting off a nomination fight for what's viewed as the nation's second-highest appeals court.

  • November 13, 2018

    Justices To Consider FCC Deference In Junk Fax Case

    The U.S. Supreme Court agreed Tuesday to consider how much deference to give the Federal Communications Commission’s view of what counts as an “advertisement” under the Telephone Consumer Protection Act, in a dispute that could impact the judiciary’s power to interpret agency rules.

  • November 9, 2018

    GCs Predict Spending Spike For Firms In Cybersecurity, M&A

    Continuing a steady uptick in outside counsel spending, top legal decision makers are projected to spend billions more on law firms next year, with areas like cybersecurity and data privacy and mergers and acquisitions expected to see big gains, according to a report released Monday.

  • November 12, 2018

    Financial Services Get Shared Lexicon To Fight Cyberattacks

    A forum of central bankers announced on Monday that it has published a common vocabulary of cyber terms to help the global financial services sector boost cross-border cooperation on security by cracking down on the growing threat of online crime.

  • November 9, 2018

    Equifax, Oracle Accused Of Flouting GDPR Data Use Rules

    A British advocacy group is urging European privacy regulators to investigate Equifax, Oracle, Acxiom and several other data brokers and ad-tech companies for allegedly exploiting millions of people's personal data in violation of the bloc's stringent General Data Protection Regulation. 

  • November 9, 2018

    Fla. Court Says Doctor Must Face Patient Privacy Suit

    A Florida appeals court on Friday revived a suit brought by a former prison guard accusing a doctor of releasing his medical records to state prison officials in an employment matter without his consent, saying it should be up to a jury to decide a factual dispute.

  • November 9, 2018

    Feds Get Privacy Law Input From Industry, Consumer Groups

    Comments poured in Friday at the Trump administration's deadline for weighing in on the Commerce Department's privacy regime, with trade groups calling for uniform standards and consumer advocates pushing for a baseline federal privacy law.

  • November 9, 2018

    Trader Who Stole $3M In Cryptocurrency Gets 15 Mos.

    A 24-year-old Chicago trader who admitted to stealing more than $3 million in bitcoin and litecoin from his firm and a group of investors was sentenced in Illinois federal court Friday to a little over a year in prison.

  • November 9, 2018

    Prof Wants To Put Ex-Colleague On Secret Email Probation

    A request by former Columbia University professor Enrichetta Ravina to have an ex-colleague's emails secretly scanned for disparaging remarks about her has the university scrambling for more time to brief a Manhattan federal judge, according to court filings.

  • November 9, 2018

    SEC Boosts Bid To Block Crypto Co.'s $100M ICO

    The U.S. Securities and Exchange Commission has bolstered its bid to block the initial coin offering — estimated to raise $100 million — of a company accused of faking regulatory approval to fool investors, telling a California federal judge that the company's founder has already admitted to much of the scheme.

  • November 9, 2018

    Taxation With Representation: Kirkland, Vinson, Wachtell

    In this week’s Taxation With Representation, Thoma Bravo inks a $950 million deal with Broadcom Inc. for Veracode, Newell Brands sells off its fishing business and memorabilia manufacturer for $2.5 billion, Western Gas Partners nabs Anadarko Petroleum Corp. midstream energy assets for $4 billion, and Edenred SA buys Corporate Spending Innovations for $600 million.

  • November 9, 2018

    Looming GDPR Fines To Spark Insurance Coverage Fights

    Cyber policies are increasingly incorporating coverage for the hefty fines and liabilities that are likely to arise from the European Union's General Data Protection Regulation, but legal and regulatory pronouncements in vital jurisdictions may stymie these efforts and open the door for unprecedented coverage battles, experts say. 

  • November 8, 2018

    PopSugar Can't Nix IP Suit, Instagram Influencer Says

    A law degree-holding Instagram influencer urged a California federal judge Tuesday not to toss her putative copyright infringement class action alleging lifestyle website PopSugar ripped off her Instagram posts, arguing she doesn't have to prove she registered copyrights in the posts to pursue her claims.

  • November 8, 2018

    Atty Left MoneyGram Files In Stolen Hummer, Co.'s Suit Says

    A lawyer whom MoneyGram International Inc. hired to collect third-party debts breached his duty to protect client data by leaving sensitive documents unattended in a “tricked-out Hummer” that was stolen from a hotel parking lot, according to a suit filed in New Mexico federal court Wednesday.

  • November 8, 2018

    Intel's Draft Of Privacy Law Would Shield Cos. From Fines

    Intel Corp. has released its version of a draft for national privacy legislation that would protect companies from civil penalties so long as they certify annually with the Federal Trade Commission that they have taken steps to protect consumer data.

  • November 8, 2018

    SEC Puts Crypto Exchanges On Notice With First Settlement

    The U.S. Securities and Exchange Commission settled its first-ever enforcement action against an unregistered cryptocurrency exchange Thursday as the agency continues to target a variety of market participants beyond the token issuers themselves.

  • November 8, 2018

    Kemp Quits As Ga. Election Head, Claims Gubernatorial Win

    Georgia’s Republican Secretary of State Brian P. Kemp stepped down as the state’s top election official Thursday morning, declaring himself victorious in a closely watched gubernatorial battle with Democrat Stacey Abrams despite the results remaining unclear and his opponent refusing to concede.

  • November 8, 2018

    No Planned Crypto Voluntary Disclosure Program, IRS Says

    Tax practitioners should not expect an Internal Revenue Service virtual currency voluntary disclosure program similar to that offered for undisclosed offshore bank accounts, an agency official said Thursday.

Expert Analysis

  • How FIRRMA Changes The Game For Tech Cos. And Investors

    Steven Croley

    The Foreign Investment Risk Review Modernization Act, signed into law in August, will significantly alter how the Committee on Foreign Investment in the United States conducts its work. Emerging technology companies, and their prospective investors, must be mindful of whether investments are now subject to CFIUS jurisdiction, say attorneys at Latham & Watkins LLP.

  • 10 Questions The SEC Will Probably Ask Google: Part 2

    John Reed Stark

    Google reportedly opted not to disclose a cybersecurity vulnerability this past spring due to fears of drawing regulatory scrutiny and causing reputational damage. This fact will be a lightning rod for SEC enforcement attention, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • 10 Questions The SEC Will Probably Ask Google: Part 1

    John Reed Stark

    With the announcement this week that a previously undisclosed software bug potentially exposed up to 500,000 Google+ users' personal data, Google has a problem. And the U.S. Securities and Exchange Commission is probably investigating, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Arbitration, Mediation Can Solve Cyber Insurance Disputes

    Daniel Garrie

    Many policyholders instinctively oppose the inclusion of alternative dispute resolution clauses in their insurance policies. However, given the complexity of cyber coverage disputes, businesses should consider the confidentiality and cost-effectiveness that ADR can offer, say members of JAMS and Zeichner Ellman & Krause LLP.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.