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Cybersecurity & Privacy

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 6, 2018

    JPMorgan, IV Debate The Meaning Of 'And' At Fed. Circ.

    Attorneys for Intellectual Ventures LLC and JPMorgan Chase & Co. debated a claim of IV's cybersecurity software patent before a Federal Circuit panel Thursday, including offering dueling interpretations of the word "and."

  • December 6, 2018

    Detox Chain Ginned Up Biz With Spam Texts, Suit Says

    A Florida chain of alcohol-and-drug detox centers sent unsolicited spam text messages to thousands across the country, violating the Telephone Consumer Protection Act and harassing and invading consumers' privacy, according to a putative class action filed Wednesday in Florida federal court.

  • December 6, 2018

    Bitcoin Market 'Hijacking' Caused $4B Value Drop, Suit Says

    A lawsuit filed Thursday in Florida federal court by a Miami-based company accused several prominent players in the Bitcoin Cash cryptocurrency network of hijacking a software upgrade, leading to a "global capitalization meltdown" of more than $4 billion and harm to it and other U.S. bitcoin holders.

  • December 6, 2018

    Lack Of Actual Data Breach Sinks Mercy Health Security Row

    An Ohio federal judge on Thursday tossed a putative class action accusing Mercy Health of maintaining lax data security that exposed confidential patient information to unauthorized third parties, finding that the mere possibility that someone could have improperly accessed the data was not enough to meet the standing bar set by the U.S. Supreme Court's Spokeo decision. 

  • December 6, 2018

    Twitter Seeks Classified Declaration In Free Speech Suit

    Twitter wants the federal government to give its attorney access to a classified declaration from a former FBI official in its suit pushing for the release of a report on government surveillance requests, saying in California federal court that its counsel had been found eligible for the relevant security clearance.

  • December 6, 2018

    Target Inks $7.4M Deal Over Calif. Waste Disposal Claims

    Target Corp. has agreed to shell out $7.4 million to resolve claims that the retail giant violated California state law by improperly dumping hazardous waste, some of which allegedly included customers' confidential medical information, piling on to an earlier $22.5 million deal over similar claims in 2011.

  • December 6, 2018

    Rakoff Sentences Ride App Scammer To 3.5 Years In Prison

    U.S. District Judge Jed S. Rakoff hit a New York man with 42 months in prison Thursday for helping lead a crew accused of fleecing Uber and Lyft drivers out of $2 million, handing the 23-year-old more time than a similarly situated co-defendant because of a gun-brandishing allegation.

  • December 6, 2018

    Virginia AG Joins Colleagues In Group Fighting Robocalls

    Virginia's attorney general announced Thursday that he is joining a bipartisan group of 40 attorneys general tasked with reviewing the technology being used by telecommunications companies to combat the widespread practice of robocalling.

  • December 6, 2018

    Ohlhausen Pulls Bench Nomination To Join Baker Botts

    Former Federal Trade Commission chief Maureen K. Ohlhausen has taken her name off the list to fill a seat in the federal judiciary after President Trump tapped her for the U.S. Court of Federal Claims in January, and will rejoin private practice at Baker Botts LLP, the firm announced Thursday.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 6, 2018

    EU Approves Class Action Rules Amid Calls For Safeguards

    European Union lawmakers on Thursday approved rules that will allow groups of individuals to seek compensation through bringing collective actions against Europe's businesses, brushing off industry concerns that this will result in false litigation cases.

  • December 6, 2018

    MVP: BakerHostetler's Daniel Warren

    BakerHostetler's Daniel Warren helped win a precedent-setting Seventh Circuit ruling that permanently stomped out common law claims filed against Missouri-based grocery chain Schnuck Markets Inc. by banks that issued cards affected by the company's 2012 data breach, earning him a spot as one of Law360's Cybersecurity and Privacy MVPs.

  • December 5, 2018

    Feds Must Show Equifax Insider 'Used' Breach Info To Trade

    A Georgia federal judge has said the insider trading case against a former Equifax executive should go forward, but said prosecutors will have to show that he "used" inside information about a data breach at the consumer credit bureau when he cashed in stock options.

  • December 5, 2018

    Techie, Pastor Ask 2nd Circ. To Ax Bitcoin Fraud Convictions

    A Florida tech expert and a New Jersey pastor urged the Second Circuit on Wednesday to reverse their convictions over a purported scheme to co-opt a small credit union into facilitating unlawful bitcoin transactions, citing errors with key witnesses.

  • December 5, 2018

    Facebook Cherry-Picked Special Access To Data, Docs Show

    A dossier of internal Facebook documents released Wednesday shows executives discussing giving favored firms like Netflix and Lyft special access to user data, while restricting competitors' access to that same data.

  • December 5, 2018

    Don't Water Down Calif. Privacy Law, Lawmakers Told

    A coalition of more than a dozen privacy groups is doubling down on its efforts to persuade California lawmakers to refrain from scaling back the state's landmark privacy law, arguing that consumers' data access and control rights need to remain strong and that their ability to bring lawsuits should be broadened.

  • December 5, 2018

    AI Helping IRS Detect Tax Crimes With Fewer Resources

    Under the weight of budget cuts and decreasing staff, the Internal Revenue Service may be finding its salve in artificial intelligence technology to detect criminal tax activities more efficiently.

  • December 5, 2018

    Cambridge Analytica Exec's Bid To Avoid Ch. 7 Slammed

    The trustee of Cambridge Analytica LLC's Chapter 7 case and Facebook users suing the consulting firm have told a New York bankruptcy court that the director who signed its bankruptcy papers can't escape responsibility for the firm by claiming he was served at a temporary address.

Expert Analysis

  • Ohio Incentivizes Companies To Focus On Cybersecurity

    Sachin Java

    The few states that have adopted cybersecurity laws have implemented punitive approaches toward businesses that fail to comply. However, Ohio's Data Protection Act — which goes into effect on Friday — offers increased protection against litigation to ensure compliance, says Sachin Java of Gallagher Sharp LLP.

  • Why Current Laws Won't Protect Property Rights For DNA

    Franklin Zemel

    More than 12 million people have submitted their DNA for analysis to various genealogy companies such as Ancestry.com or 23andMe. But what if they don’t want that DNA shared with third parties? Based on current law, there is little that can be done about it, say Franklin Zemel and Ariel Deray of Saul Ewing Arnstein & Lehr LLP.

  • Assessing Innovations For Medical Device Development

    Ethan Jorgansen-Earp

    Recent comments by Trump administration leaders, as well as regulatory actions, indicate that the landscape for medical device development, approval and reimbursement may be changing for the better, says Ethan Jorgensen-Earp of Holland & Knight LLP.

  • With Conflicting Paths On FAA, High Court Likely To Take Both

    Scott Oswald

    Fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices seemed likely to deliver a business-friendly outcome in two separate cases under the Federal Arbitration Act — even though this would require treating the FAA’s blind enforcement of arbitration agreements as sacrosanct in one instance while undermining it in another, says Scott Oswald of The Employment Law Group PC.

  • Inside The SEC’s Outsider Trading Program: Part 2

    John Reed Stark

    Empowered by the latest malware and online intrusion weaponry, cyberattackers engaging in outsider trading schemes pose a serious threat to the integrity of the global financial marketplace. The U.S. Securities and Exchange Commission has the expertise, experience and wherewithal to deter this rising menace, says John Reed Stark of John Reed Stark Consulting LLC.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • CFIUS' Pilot Program: Takeaways For State-Owned Investors

    Nancy Fischer

    The Committee on Foreign Investment in the U.S. has announced a pilot program requiring filings when entities linked to foreign governments acquire substantial interests in certain U.S. businesses. State-owned entities will need to report more transactions, but the process will be streamlined in many cases, say Nancy Fischer and Matthew Rabinowitz of Pillsbury Winthrop Shaw Pittman LLP.

  • Litigation Options For Post-Cyberattack 'Active Defense'

    Alexander Berengaut

    While the legal and policy debates raised by the proposed Active Cyber Defense Certainty Act are important, they often overlook the fact that victims of hostile cyber activity may already be able to engage in the types of “active defense” measures that the act would expressly authorize, say Alexander Berengaut and Tarek Austin of Covington & Burling LLP.

  • Inside The SEC’s Outsider Trading Program: Part 1

    John Reed Stark

    When the U.S. Securities and Exchange Commission sheepishly announced last year that stolen EDGAR information may have been used in a securities fraud scheme, the commission learned firsthand that outsider trading should be a top enforcement priority. Unfortunately, the SEC appears to have ignored that powerful lesson, says John Reed Stark of John Reed Stark Consulting LLC.