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Cybersecurity & Privacy

  • October 12, 2018

    Ex-DOJ Cyber Atty Returns To King & Spalding In DC

    A senior U.S. Department of Justice attorney who most recently served as counsel for cyber investigations at the agency's National Security Division has rejoined King & Spalding LLP after a decade in the public sector, bolstering the firm's data, privacy and security team in Washington, D.C.

  • October 12, 2018

    Zurich Needn't Defend Ocwen In TCPA Suits, Judge Says

    Zurich American Insurance Co. has no duty to defend Ocwen Loan Servicing LLC in a pair of suits accusing the company of autodialing consumers’ cellphones in violation of the Telephone Consumer Protection Act and engaging in illegal debt collection practices, an Illinois federal judge has ruled, finding that a pair of policy exclusions bar coverage.

  • October 12, 2018

    How Attys Can Help PE Clients In The Wake Of A Cyberattack

    They say the best offense is a good defense, but in today’s world it simply isn’t possible for private equity firms to totally protect themselves from a potential cyberattack, meaning PE clients will need attorneys who can quickly and carefully help clean up the mess while limiting any legal exposure in the event of a cyber incident.

  • October 12, 2018

    Attys Spar Over Sanctions Bids In Appeal Of $7.5M Uber Deal

    Attorneys representing objectors to a $7.5 million settlement in a California suit alleging Uber Technologies Inc. violated the Fair Credit Reporting Act by conducting background checks without drivers' knowledge told the Ninth Circuit that the settling class counsel’s “unethical” and “outrageous” actions are muddying their appeal.

  • October 12, 2018

    Taxation With Representation: Kirkland, Gibson Dunn

    In this week’s Taxation With Representation, Precision Drilling Corp. nabs Trinidad Drilling Ltd. for $796 million, Antero Midstream GP snagged Antero Midstream Partners’ outstanding common shares for $7.2 billion, TransDigm Group Inc. scoops up Esterline Technologies Corp. for $4 billion, and Imperva Inc. goes private in a $2.1 billion deal with Thoma Bravo LLC.

  • October 11, 2018

    Aetna Settles State AGs' Claims Over Health Info Breaches

    The New Jersey attorney general and three others have secured the latest settlement with Aetna Inc. over allegations that the health insurer improperly disclosed protected health information, including individuals' HIV status, through two separate mailings, with Aetna agreeing to change its data handling procedures and pay penalties to each enforcer. 

  • October 11, 2018

    Lawmakers Chide Google For Not Admitting Data Leak

    Three top Senate Republicans sent a scathing letter to Google on Thursday for not disclosing a security flaw the company says could have exposed personal data from hundreds of thousands of users of its social media site Google+, a day after Senate Democrats called for the Federal Trade Commission to investigate.

  • October 11, 2018

    Crypto Is 'Father Of All Scams,' Economist Tells Senate

    An economist panned cryptocurrency and its related blockchain technology as overhyped scams before the Senate Banking Committee on Thursday, offering testimony that was countered by an advocate who praised these innovations as on par with the birth of the internet.

  • October 11, 2018

    Gates Owes $368K For Mueller Probe Work, Ex-Counsel Says

    The law firm Doar Rieck Kaley & Mack accused Rick Gates, a former member of President Donald Trump's campaign and an ex-business associate of Paul Manafort, in New York federal court on Thursday of skipping out on a $368,525 bill for its work stemming from charges brought by Special Counsel Robert Mueller.

  • October 11, 2018

    Sonic Customers Strike $4.3M Deal In Data Breach MDL

    Sonic Drive-In customers in multidistrict litigation over the national fast food restaurant chain's 2017 credit card data breach have asked an Ohio federal judge to approve a $4.3 million settlement.

  • October 11, 2018

    4 Important Insurance Decisions You May Have Missed

    Courts around the country have issued a number of important decisions over the past few months, including an Ohio court’s first-of-its-kind finding that lost bitcoin is covered property under a homeowner’s policy and the Sixth Circuit’s ruling that a bank’s insufficient notice to its insurers defeated its claim for $75 million in False Claims Act coverage. Here, Law360 looks at four key insurance rulings you may have missed.

  • October 11, 2018

    Fiat Chrysler Asks Justices To Review Car-Hacking Cert. Order

    Fiat Chrysler has asked the U.S. Supreme Court to allow it to immediately appeal an Illinois district court’s certification of drivers claiming Jeep Cherokees were vulnerable to hacking, saying the Seventh Circuit ignored “manifest errors” in the class certification order that cleared the way for a multistate trial.

  • October 11, 2018

    SEC Halts ICO, Says Company Faked Regulatory Approval

    The U.S. Securities and Exchange Commission has blocked an upcoming initial coin offering after alleging in California federal court that the company behind it falsely claimed it received regulatory approval from not only the SEC but also a fictitious agency called the Blockchain Exchange Commission.

  • October 11, 2018

    Smart Contacts, Cyberattacks Are New Norm, Experts Say

    DocuSign’s chief legal officer and Visa Inc.'s vice president of global risk told attorneys at DLA Piper’s technology conference in Silicon Valley on Wednesday that so-called smart contracts capable of electronically processing contractual steps will soon be commonplace, while security experts warned that cyberattacks are a new norm.

  • October 10, 2018

    Federal Privacy Law Shouldn't Lower The Bar, Senators Told

    Consumer advocates hit back at calls from tech giants such as Google and Apple asking for federal lawmakers to enact a uniform national privacy law that wipes out more stringent state rules, telling a seemingly receptive Senate committee on Wednesday that recent legislative efforts in the European Union and California should be viewed as models and not disregarded.

  • October 10, 2018

    3 Takeaways From DOT's New Automated Vehicles Policy

    The U.S. Department of Transportation’s newly updated policy on self-driving or autonomous cars eases the rules for development while also paving the way for upgrading infrastructure and integrating the new technology with other modes of transportation, experts say. Here, Law360 examines a few takeaways from the Automated Vehicles 3.0 guidance.

  • October 10, 2018

    US Arrests Chinese Spy For Bid To Steal GE Aviation Tech

    A member of China's intelligence agency has been extradited to the U.S. to face charges of attempting to gather trade secrets from jet engine manufacturer GE Aviation, federal prosecutors announced Wednesday.

  • October 10, 2018

    Trump Crackdown May Cool Tech Deals, Sophos GC Says

    Security software company Sophos Group PLC’s general counsel on Wednesday warned attorneys at DLA Piper’s technology conference in Silicon Valley of the impacts of new Trump-era rules governing international tech transactions, saying completing those deals may take longer, be more costly and might not happen.

  • October 10, 2018

    LeClairRyan Adds Cybersecurity-Focused Atty From SF Fed

    LeClairRyan has brought on an attorney from the Federal Reserve Bank of San Francisco who specializes in privacy, data security, financial services and white collar matters and litigation, the firm announced Tuesday.

  • October 10, 2018

    Smaller Firms Must Prepare For Cyberattacks, Too

    All law firms are targets for cybercriminals, but while the larger legal players have implemented measures to protect their data, small and midsize firms are less likely to devote the necessary time and resources to doing so, according to a report released Wednesday.

Expert Analysis

  • Opinion

    Time To Jump-Start Stalled Autonomous Vehicle Regulation

    Tod Northman

    While consumer advocate Ralph Nader is right to express concern over proposed driverless car legislation, his premise that lawmaking is moving too fast is wrong. The real problem is that lawmaking is not moving at all, say Tod Northman and Chris Pantoja of Tucker Ellis LLP.

  • The Ins And Outs Of ERISA Fiduciary Insurance

    Excerpt from Lexis Practice Advisor
    José Jara

    Fiduciary liability insurance is an important but often overlooked aspect of a company’s risk management plan. José Jara of CKR Law reviews how it can be used to protect fiduciaries when governing or providing services for employee benefit plans subject to the Employee Retirement Income Security Act.

  • 9th Circ. Offers Clarity On Intent Of TCPA, For Now

    Octavio Gomez

    In Marks v. Crunch San Diego, the Ninth Circuit published a well-reasoned interpretation of an automated telephonic dialing system under the Telephone Consumer Protection Act. However, it will likely create uncertainty as an upcoming Federal Communications Commission order may not be able to overcome this court’s rationale, says Octavio Gomez of Morgan & Morgan PA.

  • SEC Case Brings Rarely Used Cyber Rules Into Limelight

    Erica Williams

    The U.S. Securities and Exchange Commission's settlement this week with Voya Financial Advisors represents the first SEC action involving the Identity Theft Red Flags Rule and only its third action involving the Safeguards Rule. The case provides a critical data point in evaluating how the SEC plans to enforce these two rules going forward, say Erica Williams and Sunil Shenoi of Kirkland & Ellis LLP.

  • New Rule Expands FCC Jurisdiction Related To Foreign Media

    Brian Weimer

    The Federal Communications Commission's new rule, requiring foreign media outlets to disclose their relationships with foreign principals, signals more scrutiny on media influenced by foreign actors and gives the FCC some authority to review foreign ties, say attorneys at Sheppard Mullin Richter & Hampton LLP.

  • The Trump Admin. Approach To Data Privacy, And Next Steps

    Alan Raul

    On Tuesday, the Trump administration released an ambitious proposal to modernize consumer privacy policy. But there are questions as to how it plans to achieve these laudable goals, say Alan Raul and Christopher Fonzone of Sidley Austin LLP.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Manafort Plea Reminds Us Of Whitewater

    Lawrence Laurenzi

    It is clear from Paul Manafort's plea agreement that special counsel Robert Mueller's team is using the same prosecutorial strategy that Ken Starr used in Whitewater. Mueller’s team, however, also faces the same headwinds that Starr faced, say Lawrence Laurenzi and Joe Whitley of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • What Corporate Attys Should Know About Calif. Privacy Act

    Grant Davis-Denny

    There are several aspects of the California Consumer Privacy Act that will affect the work of transactional attorneys, particularly those involved in mergers and acquisitions and in drafting contracts with vendors and business partners, say attorneys with Munger Tolles & Olson LLP.