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Cybersecurity & Privacy

  • September 17, 2018

    15 Minutes With Robinhood Markets' General Counsel

    Archit Shah earned a degree in computer science and engineering from the Massachusetts Institute of Technology without any idea that he’d later apply to and graduate from Harvard Law School. Now, he draws on both degrees as the general counsel of financial services company Robinhood Markets Inc. Here, Shah explains how he came to realize he wanted to study law and the characteristics he looks for in potential in-house candidates.

  • September 17, 2018

    Yahoo Successor Expects Data Breach Deals To Cost $47M

    Yahoo Inc. successor company Altaba Inc. believes that its settlements of consumer and shareholder litigation stemming from massive data breaches affecting billions of users will end up costing it about $47 million, according to a Monday securities filing.

  • September 14, 2018

    The Privacy Fight For Digital Data Warrants Is Just Starting

    Lower courts are already grappling with the U.S. Supreme Court's June ruling in Carpenter v. U.S. telling authorities to get a warrant for cellphone location data, which privacy lawyers say is just the tip of the iceberg as disputes loom about other types of digital data that can reveal intimate details about someone's life.

  • September 14, 2018

    Abortion Foe Asks 9th Circ. To Nix $195K Sanction For Videos

    An anti-abortion activist urged the Ninth Circuit Friday to reverse sanctions against him and his attorneys for violating a court order by posting surreptitiously recorded videos of abortion providers on the internet, saying the lower court’s $195,000 sanctions were unlawful because they were meant to punish, not compensate the National Abortion Federation.

  • September 14, 2018

    Small Businesses Defend Claims In Equifax Data Breach MDL

    A group of small businesses from across the country pushed back against Equifax’s bid to dismiss their class action complaint from multidistrict litigation over its massive data breach last year, arguing that they do have standing to pursue claims even though it was their owners’ personal information that was compromised.  

  • September 14, 2018

    FOIA Suit Seeks Docs On Alleged IRS Disclosure Of Tax Info

    A conservative watchdog has slapped the government with a Freedom of Information Act suit in D.C. federal court, saying the U.S. Department of Justice has refused to turn over documents on allegations that the Internal Revenue Service shared 1.1 million pages of confidential information on tax-exempt groups with the FBI.

  • September 14, 2018

    Kimpton Data Breach Deal Rejected Over Settlement Cap

    A California federal judge has denied for the second time Kimpton Hotel & Restaurant Group LLC's settlement with a proposed class of consumers suing over a 2016 data breach, questioning whether the settlement with a cap of $600,000 is designed to fully compensate anyone who was injured.

  • September 14, 2018

    Census Citizenship Fight Likely Headed For NY Trial

    Manhattan U.S. District Judge Jesse M. Furman told the Trump administration Friday he is likely to order a trial to determine if Commerce Secretary Wilbur Ross was motivated by legitimate policy reasons, or by discrimination, when he added a question about citizenship status to the 2020 census.

  • September 14, 2018

    Manafort Pleads Guilty And Will Cooperate With Mueller

    President Donald Trump's former campaign chairman, Paul Manafort, pled guilty Friday to two counts of conspiracy and obstruction of justice, in a deal that requires him to cooperate with Special Counsel Robert Mueller's investigation into Russian election interference and potential collusion with the Trump campaign.

  • September 13, 2018

    Google, Ad Cos. Accused Of Flouting EU Privacy Law

    Private web browser Brave is leading a push for the U.K. and Irish data protection commissioners to probe the practices of Google and other digital advertisers, alleging that the industry's broadcasting of personal data tied to targeted ads violates the European Union's General Data Protection Regulation.

  • September 13, 2018

    European Court Says UK Surveillance Violated Privacy Laws

    The United Kingdom's former regime for the bulk interception and collection of internet communications violated basic human rights by failing to ensure oversight of surveillance requests, the European Court of Human Rights said Thursday, a decision advocates hope will boost efforts to rein in other government spying tools. 

  • September 13, 2018

    SEC Seen As Broadening Crypto Reach With Latest Actions

    U.S. regulators’ first-of-their-kind actions against a hedge fund and broker-dealers in the cryptocurrency sphere this week indicate that the agencies' focus is shifting beyond issuers of digital tokens to any person or entity that eventually touches these types of securities, including investors, brokers or exchanges, experts said.

  • September 13, 2018

    DC Circ. Analyzes IRS Rule In FOIA Row Over Trump Returns

    A privacy group’s battle to obtain President Donald Trump’s tax returns centered on whether public citizens or the government bear the burden to show if disclosure is warranted during oral arguments in the D.C. Circuit Thursday.

  • September 13, 2018

    Maritime Industry Challenges To Watch: Part 2

    As maritime industry stakeholders maneuver through the changing regulatory and legislative landscape, they’re also contending with increased gridlock at U.S. ports, emerging cybersecurity threats and technology disruptions, and inadequate investment in crucial infrastructure. Here, Law360 examines more challenges facing the industry in the second part of our roundup.

  • September 13, 2018

    'Next Madoff' Defamer Faces Uphill Fight In $38M Appeal

    A former tenant faced an uphill battle Thursday trying to persuade a Ninth Circuit panel to reverse a $38 million jury award against him and other tenants who defamed a Los Angeles real estate investor online by calling him "the next [Bernie] Madoff,” with two judges saying he did not preserve his challenge by objecting to a presumed-damages theory at trial.

  • September 13, 2018

    Wendy's, Plastics Maker Sued Over Fingerprint Timekeeping

    Two new proposed class actions accuse fast-food chain Wendy’s International LLC and plastics giant Amcor Ltd. of illegally making employees clock in and out of work with their fingerprints, marking the latest in a wave of suits under Illinois’ biometric privacy law.

  • September 12, 2018

    Latvian Man Sentenced For U.S. News Site ‘Scareware’ Scam

    A Latvian man was sentenced Wednesday in Minneapolis federal court for his role in a lucrative “scareware” hacking that targeted visitors to the Minneapolis Star Tribune’s website, according to a U.S. Department of Justice announcement.

  • September 12, 2018

    Beef Up Cybersecurity, Bipartisan Senators Urge State Dept.

    A bipartisan group of senators from states including Massachusetts and Kentucky chastised the State Department for failing to implement basic cybersecurity measures required under federal standards, asserting that the agency must act to protect sensitive information with steps that include requiring multi-factor authentication in all the department’ information systems.

  • September 12, 2018

    Online Shoppers Seek Final OK On $3.3M TCPA Settlement

    A class of people who say they received unwanted telemarketing calls after they purchased children’s slippers online asked an Illinois federal judge to sign off on a $3.3 million settlement Tuesday, saying the hard-fought case has reached its conclusion.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

Expert Analysis

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • Federal Criminal Liability Confusion Under CFAA

    Jonathan Etra

    Two recent federal court decisions — Hamilton Group Funding v. Basel in the Southern District of Florida and Hill v. Lynn in the Northern District of Illinois — confirm just how broad and unpredictable the scope of the Computer Fraud and Abuse Act can be, say Jonathan Etra and Christopher Cavallo of Nelson Mullins Broad and Cassel.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • What Banks Should Know About 'Fiserv' Data Breach Risk

    Paige Boshell

    Banks that use Fiserv — an outsourcing vendor for community banks in the U.S. — for online banking may have recently had their customer account information exposed. Paige Boshell of Privacy Counsel LLC explains immediate steps for banks to proactively mitigate risk.

  • Cos. Must Prepare For Toughening Russia Sanctions

    Mario Mancuso

    On Monday, the U.S. Department of State enacted the first round of sanctions against Russia in response to the March 2018 poisoning of the Skripal family in the United Kingdom. The impact of these sanctions is somewhat limited, but the next round of sanctions, expected in early November, may be more sweeping, say attorneys with Kirkland Ellis LLP.

  • Securing Mobile Health Data — NIST Weighs In

    Gretchen Ramos

    Until recently, there has been little guidance in terms of mobile health security frameworks. The National Institute of Standards and Technology's new 260-page guide is an important step toward making health apps more secure, say Gretchen Ramos and Zerina Curevac of Greenberg Traurig LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    EA Victory Over Ex-NFL Players Should Be Reversed

    Ronald Katz

    A California federal judge's recent decision to deny the retired NFL players' motion for class certification in the Electronic Arts right of publicity case not only misconstrues Ninth Circuit law, but also ignores the very nature of a "historic" team, says ​​​​​​​Ronald Katz of GCA Law Partners LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.