Cybersecurity & Privacy

  • December 7, 2017

    Jones Day Picks Up Dykema Cybersecurity Partner

    Jones Day has picked up a Dykema Gossett PLC partner for its cybersecurity and privacy practice in Chicago, citing his “deep experience in incidence response and European data privacy compliance.”

  • December 7, 2017

    Privacy Group Asks 3rd Circ. To Scrap Google Tracking Deal

    A privacy advocacy group has urged the Third Circuit to reject Google’s $5.5 million settlement that allows the search giant to pay internet watchdogs — and not consumers — to resolve claims that it bypassed privacy settings on Apple’s internet browser Safari to track users.

  • December 7, 2017

    Firms Are Facing A Cash Crunch As Demand Falters

    Some law firms are feeling a squeeze on the cash they have available for investments in the future as demand for firms' services remains sluggish and partners continue to expect ever-rising profit payouts.

  • December 6, 2017

    French Regulator Warns Toymaker To Address Privacy Risks

    France's data protection regulator has become the latest to raise red flags over the potential privacy and security risks of a pair of popular internet-connected toys, warning toymaker Genesis Industries Ltd. that it would likely face sanctions if it didn't improve its security controls and data use notices within two months. 

  • December 6, 2017

    PayPal Investor Sues Over Likely Breach That Tanked Stocks

    A PayPal shareholder hit the company with a proposed investor class action Wednesday in California federal court accusing the company of hiding the potential for a data breach at a payment processor subsidiary that was disclosed last week and sparked a “precipitous” stock drop.

  • December 6, 2017

    Army Unveils Program To Directly Hire Cyber Officers

    The U.S. Army will directly commission 25 cybersecurity experts over the next five years in order to improve its expertise in a growing area of need for national security, the Army’s top cyber officer announced Tuesday.

  • December 6, 2017

    Campus Assault Book Is Protected Opinion: HarperCollins

    HarperCollins Publishers LLC on Wednesday urged an Illinois federal judge to toss a graduate student’s defamation and invasion of privacy suit against the company and the author of a book on campus sexual assault, saying the student can’t lob such allegations against them because the passages about her are the author’s constitutionally protected opinion.

  • December 6, 2017

    Chinese Cybersecurity Law Giving Companies Headaches

    Four out of five businesses feel uneasy about China’s new national cybersecurity law, which could force them to divulge data security measures to Chinese authorities, according to a poll released on Wednesday.

  • December 6, 2017

    Thompson Hine Bolsters Cybersecurity Team With DHS Hire

    Thompson Hine LLP has expanded its privacy and cybersecurity and business litigation practices with the recent addition of a senior counsel who spent the past 10 years working with federal government agencies, including the U.S. Department of Homeland Security and the White House National Security Council.

  • December 6, 2017

    7th Circ. Wary Of Reviving Barnes & Noble Breach Action

    At least one judge on a Seventh Circuit panel on Wednesday grappled with the prospect of reviving a proposed class action against Barnes & Noble over its 2012 security breach, wondering whether it’s enough to claim economic damages if the California and Illinois customers who lost money through the hack got it back within three days.

  • December 6, 2017

    Immigration Lawyers Sue ICE For Biometric Tech Info

    A nonprofit group of lawyers who represent immigrants swept up in deportation proceedings sued the U.S. Immigration and Customs Enforcement in D.C. federal court on Tuesday, saying that the agency has failed to release records related to its use of mobile biometric devices in immigration actions.

  • December 5, 2017

    EU Regulators Demand Action On 'Privacy Shield' Issues

    Europe’s data protection authorities on Tuesday warned that they would move to strike down the trans-Atlantic Privacy Shield data transfer pact if officials don’t act within the next year to address several “significant concerns,” including a lack of clear guidance on consumers' redress rights and insufficient U.S. surveillance guarantees.

  • December 5, 2017

    FBI Nat'l Security Letters Grounded In Constitution: DOJ

    U.S. Attorney General Jeff Sessions urged the Ninth Circuit on Tuesday not to rehear a decision ending a constitutional challenge to the Federal Bureau of Investigation's use of national security letters that bar service providers from telling users about government requests for their data, saying it’s grounded in the U.S. Constitution.

  • December 5, 2017

    Phishing Suspect Held In Online Attack On LA Court System

    A 31-year-old man from Houston was arraigned and denied release Tuesday in California state court on allegations he masterminded a five-day phishing attack on the Los Angeles court system that attempted to steal online account login information from more than 500 court employees, charges that could mean up to 14 years in prison.

  • December 5, 2017

    Zappos Buyers Ask 9th Circ. To Revive Data Breach Suit

    A putative class of Zappos.com customers urged the Ninth Circuit on Tuesday to revive privacy claims over a 2012 data breach that affected 24 million shoppers, saying the online shoe retailer broke its promise to provide a secure purchasing site.

  • December 5, 2017

    Hackers Cite Roy Moore Scandal In Law Firm Snoop Scheme

    Chinese hackers tried to spy on attorneys and snatch secret files from three multinational law firms by luring lawyers with phishing emails citing the uproar over Alabama Senate candidate Roy Moore, cybersecurity researchers said Tuesday.

  • December 5, 2017

    6th Circ. Affirms Toss Of Doctor's Patient Data Suit

    The Sixth Circuit on Monday affirmed a lower court's decision to toss a doctor’s suit against the Michigan Board of Medicine and the state’s Department of Licensing and Regulatory Affairs on the basis that the agencies had sovereign immunity under the U.S. Constitution.

  • December 5, 2017

    Chubb Unit Tells 2nd Circ. $4.8M Wire Fraud Not Covered

    A Chubb Group unit on Monday asked the Second Circuit to find that it does not owe Medidata Solutions Inc. coverage for a $4.8 million loss it suffered when it was tricked into wiring money overseas, saying the fraudster’s use of email does not render it computer fraud.

  • December 5, 2017

    Sonic Seeks To Roll Out Of Customer's Data Breach Suit

    Fast-food restaurant chain Sonic Drive-In’s operating company asked an Oklahoma federal court on Monday to toss a lawsuit stemming from a customer data breach confirmed in September, arguing the lead plaintiff in the proposed class action had failed to show "cognizable injury."

  • December 5, 2017

    EU Releases 'Blacklist' Of Tax Havens, Including South Korea

    The European Union's Economic and Financial Affairs Council released Tuesday a list of 17 nations it says are "uncooperative on tax matters," opening them to possible economic sanctions.

Expert Analysis

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Applying Privacy Laws To Health Info About Opioid Use

    Patricia Markus

    The U.S. Department of Health and Human Services recently released guidance explaining when health care providers may share protected health information with family or friends of a patient in crisis, such as following an opioid overdose. However, some may find the guidance less than clear, says Patricia Markus of Nelson Mullins Riley & Scarborough LLP.

  • Opinion

    Trump Campaign Officials Likely Violated CFAA

    Peter Toren

    The publicly available evidence strongly suggests that certain Trump campaign officials had knowledge that Russian hackers had penetrated the Democratic National Committee computer system before this became publicly known, and sought political benefit from this. If that is true, there is probable cause to charge Trump officials, and maybe the president himself, with felony violations of the Computer Fraud and Abuse Act, says former... (continued)