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Cybersecurity & Privacy

  • November 14, 2018

    BofA Sheds Pa. Firm's Claims Over Account Phishing Scheme

    A federal judge has rejected claims that Bank of America Corp. breached its contract with a Philadelphia-area law firm by failing to stop a half-a-million-dollar wire transfer initiated after a partner fell victim to a phishing scheme.

  • November 14, 2018

    Payment Processor Gets Nod For Revised $7.5M TCPA Deal

    Payment processor Total Merchant Services Inc. will shell out $7.5 million to settle a proposed class action accusing it of making over 235,000 telemarketing calls that violated the Telephone Consumer Protection Act, in a deal preliminarily approved by a California federal judge.

  • November 14, 2018

    Fla. Ford Dealer Agrees To $4.8M Robocalls Settlement

    A Ford dealership and the recipients of its unwanted automated advertising messages have reached a preliminary $4.8 million settlement in a proposed class action accusing it of violating federal communications law, according to a motion filed in Florida federal court.

  • November 14, 2018

    Most Law Firms' Cybersecurity Not Up To Par As Risk Grows

    Most law firms are underprepared for cybersecurity threats, despite a sharp spike in cyberattacks against the industry in 2017, according to a new report from information technology consulting firm LogicForce. 

  • November 14, 2018

    Yelp Denied Bid For Quick Win In TCPA Suit

    A California federal judge has denied Yelp's bid to defeat a proposed class action accusing the online business finder of violating the Telephone Consumer Protection Act by making unauthorized telemarketing calls, ruling that genuine matters of fact have yet to be decided.

  • November 13, 2018

    7th Circ. Says E-Filing Access Suit Belongs In State Court

    The Seventh Circuit on Tuesday reversed an Illinois federal judge's decision forcing a Cook County court clerk to make electronically filed complaints immediately available to reporters, finding that Courthouse News Service’s suit was inappropriate for federal courts to take on and should have been filed in state court.

  • November 13, 2018

    Quicken Loans, Marketing Firm Shed Wiretap Class Claims

    A New Jersey federal judge has tossed most of a proposed class action alleging online marketing company NaviStone Inc. unlawfully intercepted keystrokes and mouse clicks by users of Quicken Loans Inc.'s website, ruling that the customer-tracking software was legal under federal privacy law because both Quicken Loans and NaviStone consented to the interception.

  • 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.

Expert Analysis

  • Justices Seem Open To Class Cy Pres Awards, Occasionally

    Irving Scher

    It appeared from the U.S. Supreme Court arguments in Frank v. Gaos that the majority of the court would approve 100 percent cy pres settlements, but under extremely limited circumstances, says Irving Scher of Hausfeld.

  • 2 Recent Decisions May Affect Your Cyber Policy

    Erin Illman

    Social engineering claims have often faced coverage denials under cyber or computer fraud insurance policies, but two circuit courts have reversed the trend in recent months. Combined with the legislative focus on cybersecurity and privacy at the federal level, these cases could mean big changes for cyber insurance, say Erin Illman and Alex Purvis of Bradley Arant Boult Cummings LLP.

  • FDA Steps Up Its Focus On Medical Device Cybersecurity

    Michael Buchanan

    Last month, the U.S. Food and Drug Administration announced three new medical device cybersecurity initiatives, including an incident response playbook, a memorandum of agreement with the U.S. Department of Homeland Security and a draft guidance on premarket submissions. The agency is clearly taking device vulnerabilities more seriously than ever, say Michael Buchanan and Joshua Furman of Patterson Belknap Webb & Tyler LLP.

  • 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.