Cybersecurity & Privacy

  • December 11, 2017

    DOJ Won't Prosecute Software Co. Over Work In Russia

    Telecommunications software company Netcracker has reached a nonprosecution deal with the U.S. Department of Justice, agreeing to implement enhanced security measures to resolve a criminal investigation alleging that its contracted work had resulted in security “degradation” at the Defense Information Systems Agency, the DOJ announced on Monday.

  • December 11, 2017

    Bitcoin Futures Bring Digital Currencies To Wider Market

    The launch of bitcoin futures trading will likely pave the way for broader market acceptance of cryptocurrencies as investment products, experts said Monday, volatility risks notwithstanding.

  • December 11, 2017

    SEC Halts Food Review Co.’s $15M ICO For Not Registering

    The U.S. Securities and Exchange Commission on Monday said it had shut down a $15 million initial coin offering for a California-based online food review company because the digital tokens being sold to investors had not been registered with the commission.

  • December 11, 2017

    DHS Settles FOIA Suit Over Irish Olympic Coach

    A California federal court on Monday approved a deal between the U.S. Department of Homeland Security and an investigative journalist suing under the Freedom of Information Act to obtain the details of what allowed a former Irish Olympic swim team coach accused of sexual assault to immigrate to the United States.

  • December 11, 2017

    21st Century To Pay $28M Over Gov't FCA Claims, Data Breach

    21st Century Oncology on Monday got a New York bankruptcy court’s approval for two settlements totaling $28 million over U.S. government claims of Medicare overcharges and patient privacy breaches.

  • December 11, 2017

    Uber Settles Privacy Suit With Woman Raped By Driver

    Uber Technologies Inc. agreed Friday in California federal court to an undisclosed settlement to end allegations that executives improperly shared the medical records of a woman who was raped by one of the company’s drivers in India.

  • December 11, 2017

    MVP: Ropes & Gray's Douglas Meal

    Ropes & Gray LLP partner Douglas Meal helped convince the U.S. Supreme Court to preserve a key victory for Media Innovation Group and other internet advertisers in a case involving online tracking while continuing his work steering LabMD through a vital challenge to the Federal Trade Commission's data security enforcement, earning him a spot among Law360's 2017 Cybersecurity & Privacy MVPs.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a group of shipping companies sue Oman Insurance Co. PSC, RBC Trustees lodge a claim against UBS Employee Benefits Trust, and offshore law firm Appleby bring a confidential information suit against BBC and the Guardian. Here, Law360 looks at those and other new claims in the U.K.

  • December 8, 2017

    FCC Says It Won't Release Net Neutrality Comment Logs

    The Federal Communications Commission's general counsel said Thursday the FCC must "respectfully decline" New York Attorney General Eric Schneiderman's request for information related to comments posted online in the net neutrality rollback proceeding, emphasizing that the commission doesn't solely rely on the comments to make its decisions.

  • December 8, 2017

    Bock Hatch Must Return Docs It Was Given In Error, Court Told

    A chiropractic clinic urged a Florida federal judge Friday to force Bock Hatch Lewis & Oppenheim LLC to return unredacted mediation discussions inadvertently turned over as part of a malpractice suit.

  • December 8, 2017

    What Is 'Informational Injury'? The FTC Wants To Find Out

    The Federal Trade Commission is set to consider when a breach of consumers’ data becomes an “injury,” at a workshop companies and privacy hawks are watching for clues on what kinds of data breach lawsuits the agency will bring going forward.

  • December 8, 2017

    Judge Who Accepted Flynn’s Guilty Plea Recuses Himself

    The judge who accepted former national security adviser Michael Flynn’s guilty plea to a count of lying to the FBI about contacts with Russia’s ambassador before the inauguration of President Donald Trump has recused himself from the case.

  • December 8, 2017

    Consumers Hit Marriott With TCPA Suit Over Robocalls

    A proposed class of consumers filed a $5 million lawsuit against Marriott Vacation Club on Thursday in California federal court, alleging the time-share company violated the Telephone Consumer Protection Act by making unsolicited robocalls to the consumers’ cellphones using an autodialer.

  • December 7, 2017

    11th Circ. Won't Give LabMD 2nd Bite At Tiversa Fraud Row

    The Eleventh Circuit on Thursday refused to revive a computer hacking and trespass suit that LabMD filed against Tiversa in Georgia federal court as part of the parties' wide-ranging dispute over the exposure of a LabMD patient data file, agreeing with a lower court that there was no evidence that a Pepper Hamilton LLP partner who represented Tiversa intentionally deceived the court.

  • December 7, 2017

    Feds Tell High Court Microsoft Must Turn Over Overseas Info

    The federal government on Wednesday fired an opening shot in its bid to convince the U.S. Supreme Court to overturn a ruling barring the use of search warrants to access user data stored overseas by Microsoft, arguing that the holding that service providers don’t have to disclose information they control is “impractical and detrimental to law enforcement.”

  • December 7, 2017

    JPML Sends Sonic Drive-In Data Breach Suits To Ohio

    The U.S. Judicial Panel on Multidistrict Litigation transferred several proposed class actions against Sonic Drive-In to the Northern District of Ohio on Wednesday, centralizing the suits over the restaurant chain’s massive breach of customer data.

  • December 7, 2017

    Jones Day Picks Up Dykema Cybersecurity Partner

    Jones Day has picked up a Dykema Gossett PLC partner for its cybersecurity and privacy practice in Chicago, citing his “deep experience in incidence response and European data privacy compliance.”

  • December 7, 2017

    Privacy Group Asks 3rd Circ. To Scrap Google Tracking Deal

    A privacy advocacy group has urged the Third Circuit to reject Google’s $5.5 million settlement that allows the search giant to pay internet watchdogs — and not consumers — to resolve claims that it bypassed privacy settings on Apple’s internet browser Safari to track users.

Expert Analysis

  • Congressional Forecast: December

    Richard Hertling

    Members of Congress face a daunting to-do list in the final weeks of 2017. While some believe a looming deadline will help get things done, there is worry on Capitol Hill that the legislative pileup and long-simmering partisan battles on major budget and policy issues have created a prime opportunity for political brinkmanship to paralyze the high-stakes negotiations, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Key Areas For Reviewing Software-As-A-Service Agreements

    Jane Song

    Agreements for software-as-a-service are often provider favorable and not subject to much negotiation. Still, customers should focus on material areas and attempt to improve on the key terms and conditions present in such agreements, say Jane Song and Ryan Enchelmayer of Paul Hastings LLP.

  • A Critical Review Of The 1st Drone Preemption Case

    Stephen Migala

    There is an objective and fundamental flaw in the recent Singer v. Newton opinion, which involved a city law restricting drones and related questions of federal preemption. The Massachusetts federal court's decision was based in large part on a miscodifed part of the U.S. Code that is not actually the law, says Stephen Migala of Winston & Strawn LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • Regulators, Whistleblowers And The Paradise Papers

    Adam Pollock

    Clients of "Paradise Papers" law firm Appleby Global should now expect that tax authorities in the U.S., the U.K. and elsewhere will closely scrutinize the leaked documents for evidence of tax evasion. And individuals with inside information that sheds further light on these cases stand to reap sizable rewards by filing qui tam actions, says Adam Pollock of Ford O'Brien LLP.

  • Insights On Article III Standing Under Ill. Biometrics Law

    Molly DiRago

    Last week the Second Circuit, in Santana v. Take-Two Interactive Software, affirmed the lower court’s decision that the plaintiffs lacked Article III standing to assert a claim under Illinois’ Biometric Information Protection Act, creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not, say Molly DiRago and Mark Mao of Troutman Sanders LLP.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.