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Cybersecurity & Privacy

  • May 24, 2018

    Still Not Ready For GDPR? Attys Say Don’t Sweat It

    Banks and insurers are scurrying to prepare for Europe's sweeping data regime that comes into force on Friday, but legal advisers predict that regulators will likely offer a grace period as they adjust to their own formidable new duties.

  • May 24, 2018

    Contractors May Be Missing Cyberrisks With Insurance Plans

    The construction industry has long had to worry about insuring the physical and natural disasters that can derail multimillion-dollar projects, but this coverage likely won't be broad enough to reach cyberthreats that could be just as damaging to the ebb and flow of their work, attorneys say.

  • May 24, 2018

    Hackers Could Use GDPR To Blackmail Cos., AIG Warns

    Europe’s sweeping data protection regime could expose companies to a whole new level of threat, an AIG executive told Law360 Thursday, saying solicitors and accountants are especially at risk of being exploited by hackers after the regime goes live Friday.

  • May 23, 2018

    TCPA Class Action Over Car Dealer's Texts Will Go To Trial

    A class action against used-car dealer Off Lease Only Inc. for allegedly sending unsolicited text messages in violation of the Telephone Consumer Protection Act will head to a jury as a Florida federal judge found Wednesday that too many factual disputes remain for her to decide the case.

  • May 23, 2018

    CFTC Urges Markets To Keep Close Eye On Crypto Derivatives

    By urging exchanges to beef up their monitoring of cryptocurrency-based derivatives, lawyers say the U.S. Commodity Futures Trading Commission is seeking greater visibility into the underlying spot markets of virtual currencies in order to better fight market manipulation.

  • May 23, 2018

    Watchdog Gives NASA Cybersecurity Center A Failing Grade

    NASA’s cybersecurity “nerve center” is failing to properly address cyberthreats, an agency watchdog said in a report Wednesday, a day after the U.S. Government Accountability Office also criticized the agency for weaknesses in both its information technology management and cybersecurity programs.

  • May 23, 2018

    ACLU Demands ICE Reveal How It Uses License Plate Data

    The American Civil Liberties Union sued U.S. Immigration and Customs Enforcement in California federal court on Wednesday requesting records relating to contracts between the agency and private companies over a surveillance technology known as the automated license plate reader.

  • May 23, 2018

    Gov't Auction Bidders Are Public Record, NJ Justices Rule

    The New Jersey Supreme Court ruled Wednesday that the names and addresses of government property auction bidders are not shielded by the privacy protections of the state’s public records law because the auctions themselves are public events, not private ones.

  • May 23, 2018

    Malware On 500K Devices May Signal Russian Cyberattack

    Cisco Systems Inc. said Wednesday that malware capable of stealing website credentials and destroying infected equipment has targeted an estimated 500,000 routers and storage devices around the globe, with a particular focus on Ukraine, which the country said indicates a potential Russian cyberattack.

  • May 23, 2018

    Trump's Twitter Blocking Is Unconstitutional, NY Judge Rules

    President Donald Trump’s blocking of critics from his personal Twitter account is unconstitutional, a Manhattan federal judge ruled Wednesday, rejecting the U.S. Department of Justice’s argument that the president’s actions don’t trample on anyone’s First Amendment rights.

  • May 23, 2018

    DOD Bars Mobile Devices From Secure Areas At Pentagon

    The U.S. Department of Defense will block mobile devices from being brought into areas of the Pentagon that handle classified information, according to a new policy released Tuesday that stopped short of an outright ban, after a review prompted by concerns about devices potentially revealing sensitive information.

  • May 23, 2018

    Google Accuses Online Ordering Co. Of Hijacking Biz Pages

    Google has accused an online ordering service in California federal court of disguising itself as a Google affiliate to trick restaurant owners into giving up control of their business profiles on the search engine, infringing the tech giant’s trademark in the process.

  • May 23, 2018

    UK Shields Insurers From Toughest Rules As GDPR Goes Live

    The U.K. government on Wednesday wrote Europe's General Data Protection Regulation onto the domestic statute books, carving out generous exemptions for the insurance industry just two days before the regime kicks in.

  • May 22, 2018

    Class Can't Get Quick Win In TCPA Suit Against Solar Co.

    A California federal judge on Monday refused to grant a quick win to a certified class seeking to hold a solar company liable for allegedly bombarding consumers with unwanted robocalls on their cellphones, ruling that questions remained about how many offending calls had been placed and whether class members are entitled to enhanced damages.

  • May 22, 2018

    Horizon Must Cough Up Docs, Data Breach Plaintiffs Say

    Counsel for plaintiffs blasted Horizon Healthcare Services Inc.’s conduct as “inexcusable” Tuesday in urging a New Jersey federal court to compel the insurer to produce documents in a putative consolidated class action over a data breach involving information on roughly 839,000 consumers that was stored on stolen laptops.

  • May 22, 2018

    Consumers Urge 9th Circ. To Revive Crunch Gym TCPA Suit

    A pair of consumer advocates on Tuesday urged the Ninth Circuit to revive a proposed class action against gym chain Crunch San Diego LLC over the company’s alleged spamming of members’ cellphones with promotional text messages, saying Federal Communications Commission autodialer rules are applicable in this case and prohibit the gym’s conduct.

  • May 22, 2018

    CFPB Gets $21M Default Win In Debt-Relief Services Suit

    A Maryland federal judge on Tuesday handed the Consumer Financial Protection Bureau a win by default in its suit over a “debt validation” program that was allegedly marketed with false claims of government affiliation, slapping the no-show defendants with a nearly $21 million judgment.

  • May 22, 2018

    FCC Dismissed Claim Securus Peddled User Data, Atty Says

    A Washington, D.C., telecommunications attorney says it has taken the Federal Communications Commission nearly 10 months to begin looking into allegations he raised that prison telephone company Securus Technologies failed to safeguard personal data of inmates and others.

  • May 22, 2018

    Amazon Touts Face-Recognition Tool To Gov't, ACLU Says

    Amazon has been encouraging local law enforcement in Oregon and Florida to incorporate its facial recognition technology, the American Civil Liberties Union said Tuesday, pointing to documents obtained by the group that it says raise concerns about the tool being abused to conduct surveillance on vulnerable populations.

  • May 22, 2018

    SEC's Clayton Urges ICO Issuers To Reach Out To Agency

    U.S. Securities and Exchange Commission Chairman Jay Clayton on Tuesday encouraged all issuers of digital tokens to reach out to the agency he oversees with questions regarding whether their initial coin offerings are securities subject to SEC regulation.

Expert Analysis

  • 11th Circ. Adds To Chorus Addressing Cyber Insurance

    J. Robert MacAneney

    On May 10, the Eleventh Circuit held in InComm v. Great American that computer fraud coverage did not apply to prepaid debit card holders who exploited a coding error in the insured's computer system. While this case does not involve social engineering fraud, it is nonetheless instructive on some of the key issues common in such disputes, say Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • How 1 Court Is Shaping The Future Of Crypto Regulation

    Deborah Meshulam

    The McDonnell and Zaslavskiy actions in the Eastern District of New York are initial cryptocurrency cases where government regulators are testing their jurisdictional theories. Both cases will help chart the course for future enforcement in an industry where the law has struggled to keep pace with technology, say Deborah Meshulam and Benjamin Klein of DLA Piper.

  • The Burden Of Medical Records During Bankruptcy

    Kenya Woodruff

    Companies in the health care industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. Maintenance and storage of medical records is complicated further because of debtors' lack of financial resources, say attorneys with Haynes and Boone LLP.

  • GDPR Considerations For US Asset Managers

    Alan Meneghetti

    U.S. asset managers holding personal data subject to the EU's General Data Protection Regulation should ensure that they have gone through the process of deciding what data they actually need, mapping relevant data flows and determining the correct legal basis for any data processing, say attorneys with Katten Muchin Rosenman LLP.

  • 9th Circ. Highlights Importance Of Cyber Liability Insurance

    ​​​​​​​Jennifer Senior

    In Aqua Star v. Travelers, the Ninth Circuit affirmed last month that an exclusion in a crime policy unambiguously barred coverage for theft by social engineering, reminding insureds to obtain more specialized insurance for the increasingly common threat of social engineering crimes, say Jennifer Senior and Edward Vrtis of Jenner & Block LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Dark Time For Data: Get Ready For WHOIS Blackout

    Peter Willsey

    The WHOIS system is set to undergo a monthslong "blackout" period when the EU General Data Protection Regulation takes effect on May 25, during which intellectual property lawyers will have a much more difficult time identifying the owners of domain names associated with infringing trademarks and content, say Peter Willsey and Timothy Hance of Cooley LLP.

  • A GDPR Checkup For US-Based Hospitality Businesses

    Dawn Maruna

    While preparing for the General Data Protection Regulation, the U.S. hospitality industry should recognize that EU member states might enact local laws that limit or extend the GDPR and that other foreign data protection regulations may impact business as well, says Dawn Maruna of Baker Donelson Bearman Caldwell and Berkowitz PC.