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Cybersecurity & Privacy

  • May 22, 2018

    Sens. Whose IDs Used In Fake FCC Posts Tell Pai To Fix Site

    Two senators, one from each party, have told Federal Communications Commission Chairman Ajit Pai to fix a public commenting system that has let bots produce millions of fraudulent comments under stolen identities — including the identities of the senators themselves.

  • May 22, 2018

    Consumers Hit Debt Collector With TCPA Suit

    Diversified Recovery Bureau LLC on Tuesday was hit with a putative class suit alleging that the debt collector violated the Telephone Consumer Protection Act by placing unsolicited calls to their cellphones using an autodialer.

  • May 22, 2018

    House Sends Dodd-Frank Banking Rule Rollback To Trump

    The U.S. House of Representatives on Tuesday passed a major rollback of Dodd-Frank rules, sending a package of financial industry changes that backers say cut costly and burdensome regulations to President Donald Trump, who has indicated his support for the measure.

  • May 22, 2018

    IT Spending Plan To Be Ready Within 90 Days, Treasury Says

    The U.S. Department of the Treasury will provide a five-year plan to lawmakers within 90 days that will outline the department’s plan to invest in information technology upgrades, Treasury Secretary Steve Mnuchin said Tuesday.

  • May 22, 2018

    EU Officials Grill Zuckerberg On Privacy, Antitrust, Legacy

    European lawmakers laid into Facebook founder Mark Zuckerberg on Tuesday for his company’s data privacy failings and raised the prospect of breaking up the social network, which some suggested had amassed an unfair share of power online.

  • May 22, 2018

    Russian-Hired Hacker Asks Judge To Halve 8-Year Sentence

    A Canadian “hacker-for-hire” has urged a California federal court to halve the prison sentence recommended for him by the federal government to four years, arguing that prosecutors have been unable to show a shred of evidence that he caused real-world harm by breaking into 11,000 email accounts.

  • May 22, 2018

    Walmart Shirks Privacy With Self-Checkout Videos, Suit Says

    Walmart Inc. violates Golden State privacy law by using video cameras to record customers’ facial features at self-checkout kiosks, according to a proposed class action that landed in California federal court on Monday.

  • May 21, 2018

    OPM Should Face Revived Data Breach Suit, DC Circ. Told

    The Electronic Privacy Information Center and dozens of experts are backing a bid to revive multidistrict litigation over a 2015 data breach at the U.S. Office of Personnel Management, telling the D.C. Circuit that the Constitution and recent case law support the ability of plaintiffs to sue federal agencies for failing to protect sensitive data.

  • May 21, 2018

    FCC Investigating Cellphone Location-Tracking Co. After Leak

    The Federal Communications Commission is investigating cellphone location data provider LocationSmart after a researcher discovered the company’s website was leaking location data that allowed for the tracking of any AT&T, Sprint, T-Mobile or Verizon phone in the United States without customer consent.

  • May 21, 2018

    Facebook Users To Get Online Notice Of Face-Scan Trial

    Facebook users will be notified of the looming trial in their biometric privacy class action on the platform itself, a California federal judge said Monday, though he scoffed at Facebook’s “hollow” contention the notice could take weeks to post, demanding proof it can’t be done faster.

  • May 21, 2018

    NJ Orders Cos. To Stop Offering Securities In 'Cryptosweep'

    New Jersey officials on Monday ordered three online cryptocurrency-related investment organizations to stop offering unregistered securities in the Garden State, issuing the directives as part of an international crackdown on bogus products.

  • May 21, 2018

    Chicago Trader Admits Stealing $3M In Cryptocurrency

    A 24-year-old Chicago trader admitted Monday that he stole more than $3 million in bitcoin and litecoin from his firm and a group of investors, pleading guilty to one count of wire fraud in the city's first criminal prosecution involving cryptocurrency trading.

  • May 21, 2018

    CFTC Partners With States, Gives Crypto Derivative Guidance

    The U.S. Commodity Futures Trading Commission is entering an agreement with state regulators aimed at slashing red tape and increasing coordination and has put out new guidance on how exchanges should handle cryptocurrency derivatives, the agency's head said on Monday.

  • May 21, 2018

    Cruise Co. Breaking Deal To Pay $76M For Calls, Class Says

    Attorneys for people suing a Caribbean cruise marketing company over claims it made millions of unsolicited robocalls told an Illinois federal judge the company is violating the terms of their settlement agreement in an attempt to keep from paying its $76 million maximum.

  • May 21, 2018

    Accused ICO Fraudsters Deny $25M Crypto Card Scheme

    Two co-founders of cryptocurrency company Centra Tech Inc. on Monday denied charges of conning investors in a $25 million initial coin offering to fund a digital currency payment card they falsely claimed was backed by major payment processors including Visa Inc.

  • May 21, 2018

    Protect Your ‘Heart,’ Insurers Warned As GDPR Nears

    Europe’s top insurance lobby on Monday urged firms to run final checks to ensure they have prepared their customers and themselves for formidable information protection rules that take effect Friday, warning that the new regime targets “the heart” of the industry: data.

  • May 18, 2018

    Spokeo 2 Years Later: As Split Grows, High Court Redo Looms

    In the two years since the U.S. Supreme Court declared that concrete injuries are necessary to establish Article III standing, federal courts around the country have moved to apply the holding to scores of privacy and data breach cases. Here, attorneys look back at how courts have been interpreting the landmark decision and offer predictions at how the deepening divide is likely to play out moving forward.

  • May 18, 2018

    Fox Ditches Ex-Host’s Cyberstalking, Sexual Harassment Suit

    Former Fox News personality Andrea Tantaros lost her case alleging that when she complained about sexual harassment at the network, its executives and contributors cyberstalked her, with a New York federal judge on Friday finding the suit relied on “speculation and conjecture.”

  • May 18, 2018

    No Warrant Needed For IPhone Border Probe, 4th Circ. Says

    The Fourth Circuit found Customs and Border Protection agents' reasonable suspicion of a man caught with a suitcase full of weapons parts trying to board a plane was enough to justify the forensic analysis of his iPhone, finding that no warrant was needed since the search was technically at the border.

  • May 18, 2018

    CFTC Tells Fraud Suit Judge It Can Regulate Cryptocurrency

    Cryptocurrency is a commodity that can be regulated by the U.S. Commodity Futures Trading Commission, the regulatory watchdog agency told a Massachusetts federal judge Friday as it fights a cryptocurrency company's bid to dismiss a $6 million fraud suit.

Expert Analysis

  • Cryptocurrency Brings Rising International Risks

    Ryan Rohlfsen

    As digital currencies continue to evolve on the international platform, the anonymous and decentralized nature of cryptocurrency transactions could present a number of potential violations of U.S. anti-corruption, sanctions and anti-money laundering laws, including the Foreign Corrupt Practices Act, say attorneys with Ropes & Gray LLP.

  • Facing The Homestretch Of GDPR Prep: Part 2

    Video

    The EU General Data Protection Regulation implementation date — May 25 — is two weeks away, and many companies are wrestling with how to prioritize efforts. In this video, Brian Hengesbaugh of Baker McKenzie discusses preparation for first-tier audit inquiries.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Banks Suing After Payment Card Breach Face Difficulty

    Donald Houser

    The Seventh Circuit's decision last month in Community Bank of Trenton v. Schnuck may stem the growing tide of financial institution litigation against merchants who fall victim to cyberattacks, say Donald Houser and Ashley Miller of Alston & Bird LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • How GSA Is Dealing With Breach Of Gov't Contractor Database

    Robert Tompkins

    After the System for Award Management was compromised, the General Services Administration recently implemented additional steps to verify SAM users. These steps, while important, have the potential to disrupt contractors' ability to access and update their SAM profiles and potentially their ability to get paid, say Robert Tompkins and Mary Beth Bosco of Holland & Knight LLP.

  • Data Breach Disclosure Lessons From SEC's $35M Yahoo Fine

    Michael Dicke

    The $35 million fine levied against Altaba, formerly known as Yahoo, marks the first time that the U.S. Securities and Exchange Commission has alleged that a company’s failure to disclose a data breach violated the federal securities laws. This enforcement action may also give breach-related securities class actions new life, say Michael Dicke and Alexis Caloza of Fenwick & West LLP.

  • The Slightly Changing Landscape Of Tenn. Employment Laws

    Stephen Price

    In the immortal words of rock band The Pretenders, "some things change, some stay the same." The latter has generally been an accurate description of Tennessee employment laws in the 21st century, but employers should note several recent exceptions, says Stephen Price of Burr & Forman LLP.

  • Will The US Match Or Improve On GDPR Privacy Model?

    Jonathan Walsh

    While aspects of proposed U.S. privacy legislation mirror the EU’s General Data Protection Regulation, none of the pending solutions in Congress provides the level of government protection of user data engendered by the GDPR, say Jonathan Walsh and Edward Combs of Curtis Mallet-Prevost Colt & Mosle LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.