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Cybersecurity & Privacy

  • June 15, 2018

    Drivers' Attys In Axed Uber Data Hack Suit Ask For Fees

    Attorneys for drivers accusing Uber of lying about a 2014 data breach that compromised personal information asked a California federal judge on Friday for $400,000 in fees — even though the court rejected the proposed class action in May.

  • June 15, 2018

    FTC Backs Flexible Approach To Regulating Internet Of Things

    The Federal Trade Commission on Friday weighed in on the Consumer Product Safety Commission's efforts to better understand the emerging world of internet-connected devices, cautioning that any new standards should be flexible and publicly accessible and urging the CPSC not to overlook the link between poor security practices and potential safety risks. 

  • June 15, 2018

    Feds Capture Trove Of Cohen's Encrypted Messages

    Manhattan federal prosecutors on Friday said they’ve obtained hundreds of pages of encrypted messages sent via Signal and WhatsApp from the cellphones of President Donald Trump’s former lawyer Michael Cohen, after the FBI previously reported being unable to access the data.

  • June 15, 2018

    FCC Urged To Fight Contractor Debt-Collection Robocalls

    A bipartisan group of lawmakers on Friday called on the Federal Communications Commission to beef up rules against federal contractors sending robocalls and texts, saying the agency shouldn't be deterred after its definition of autodialer was rejected as too broad by the D.C. Circuit.

  • June 15, 2018

    DOJ Vet Continues Davis Wright's Privacy, Security Growth

    Davis Wright Tremaine LLP has bolstered its privacy and securities practice with a U.S. Department of Justice attorney who led the government in a case targeting illegal trading based on hacked data and the prosecution of a Russian government agent behind a massive cyberattack on Yahoo.

  • June 15, 2018

    Consumers Rip Car Dealer's Late Bid To Trim TCPA Class

    A class of consumers suing used car dealer Off Lease Only Inc. for allegedly sending unsolicited text messages in violation of the Telephone Consumer Protection Act, urged a Florida federal court Thursday to deny the dealer's requests for clarification of a recent ruling and for redefinition of the class.

  • June 15, 2018

    New NLRB Memos Touch On Solo Strikes, Facebook Posts

    The National Labor Relations Board's general counsel released a handful of advice memorandums Thursday, with one finding a Papa John's worker was illegally fired after her solo strike to support the "Fight for $15" campaign and another determining a nursing home worker was properly fired for not reporting suspected patient abuse after complaining about it on Facebook.

  • June 15, 2018

    DHS, FBI Warn Of North Korean Cyberthreat Campaign

    Days after a historic summit between President Donald Trump and North Korean leader Kim Jong Un, the U.S. Department of Homeland Security is warning of the latest malicious cyberactivity it attributes to the North Korean government.

  • June 15, 2018

    Quicken Slams 'Repeat' TCPA Plaintiff's Suit In Dismissal Bid

    Quicken Loans Inc. on Thursday urged a Florida federal judge to toss a putative class action claiming the mortgage lending company violated the Telephone Consumer Protection Act by sending unsolicited telemarketing calls, arguing that the consumer failed to adequately plead his claims.

  • June 15, 2018

    Health Hires: Honigman, Arnold & Porter, GrayRobinson

    Honigman Miller Schwartz and Cohn LLP has named a health care fraud pro to co-chair its white collar practice, Arnold & Porter has scored an attorney fresh out of the U.S. Food and Drug Administration, and another health expert has joined GrayRobinson PA.

  • June 15, 2018

    Greenberg Traurig Nabs Ex-Weil Cybersecurity Pro In NY

    Greenberg Traurig LLP has hired a former Weil Gotshal & Manges LLP attorney who specializes in cybersecurity issues and complex securities litigation to its cybersecurity, privacy and crisis management practice, the firm recently announced.

  • June 15, 2018

    Tax Data Privacy May Outweigh Possible EU Fines, Atty Says

    The European Union’s proposed requirement for large multinational companies to publicly disclose how much tax they pay around the world would need to come with hefty fines to outweigh the desire to protect sensitive information, a tax practitioner recently said at a tax conference in Miami.

  • June 14, 2018

    Anthem Breach Attys' $38M Fee Ask ‘Overreach,’ Judge Says

    U.S. District Judge Lucy Koh on Thursday put the screws to attorneys requesting $37.9 million in fees for work done on the Anthem Inc. data breach litigation, saying they “overreached” and asking why 26 law firms representing the named plaintiffs needed to subcontract work to another 27 firms.

  • June 14, 2018

    8th Circ. Backs $10M Target Data Breach Deal After Remand

    The Eighth Circuit panel that last year ordered a district court to take another look at a $10 million settlement that freed Target from multidistrict litigation over its massive 2013 data breach has affirmed the deal, rejecting the argument that a conflict existed between class members who suffered verifiable losses and those who didn’t.

  • June 14, 2018

    Hacker-Trader Gang Insider Implicates Ex-Fund Manager, Self

    Prosecutors building a case against two men who allegedly traded stocks after hackers passed them draft versions of corporate financial reports told a Brooklyn federal jury on Thursday that documents don’t lie, while the defense did its best to suggest that the witness who read them had.

  • June 14, 2018

    CFTC Calls Virtual Currencies ‘Goods’ At Boston Hearing

    The U.S. Commodity Futures Trading Commission told a federal judge in Boston on Thursday that virtual currencies fall within the definition of “goods and articles” it can regulate, arguing for jurisdiction over the expanding industry where the agency says scams are flourishing.

  • June 14, 2018

    SEC Official Says Bitcoin And Ether Are Not Securities

    A key Securities and Exchange Commission official said Thursday that the agency does not consider cryptocurrencies bitcoin and ether to be securities, while affirming that many digital tokens sold in fundraising schemes known as initial coin offerings are indeed securities.

  • June 14, 2018

    Aaron's Hit With Suit As FCC Looks To Redefine Autodialer

    Rent-to-own retailer Aaron's Inc. has been accused of phoning consumers using an automatic dialer without consent, in a federal lawsuit that comes as the FCC is expected to give what some attorneys say could be a more modern interpretation of the law governing the practice.

  • June 14, 2018

    Telecom Agency Head Grilled On US Internet Oversight

    The head of the government agency charged with setting internet policy told lawmakers Wednesday that he hopes the public will weigh in on whether the Trump administration can or should reverse an Obama-era decision relinquishing government control of the internet to international groups.

  • June 14, 2018

    Comey 'Insubordinate' In Clinton Email Probe, Watchdog Says

    A U.S. Department of Justice watchdog scolded former FBI head James Comey on Thursday for "insubordination" in his handling of the Hillary Clinton probe during the 2016 presidential election, but found no evidence that the decision not to prosecute the former secretary of state was tainted by political bias.

Expert Analysis

  • Digital Toy Data Breach Highlights Cybersecurity Concerns

    Erin Bosman

    In April, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. But the breach also triggered a Federal Trade Commission enforcement action, resulting in a $650,000 settlement. Both developments illustrate the increasing exposure that the internet of things brings for consumer product manufacturers, say attorneys with Morrison & Foerster LLP.

  • A Better Method For Achieving Broader Class Action Reform

    Kahn Scolnick

    In recent months, the U.S. Department of Justice and many state attorneys general have addressed class action reform by objecting to proposed class action settlements. While we are sympathetic to concerns about class litigation abuse, what's needed is careful oversight at the earliest stages of litigation, say Kahn Scolnick and Bradley Hamburger of Gibson Dunn & Crutcher LLP.

  • Companies Will Feel The Weight Of Team Telecom Oversight

    Megan Brown

    For years, a little-known group of federal agencies collectively known as "Team Telecom" has gone quietly about its oversight functions of risk assessment, mitigation and oversight. But as multiple parts of the government grapple with supply chain security, including concerns about Chinese-made communications equipment, companies should anticipate enhanced scrutiny and greater compliance obligations, say attorneys with Wiley Rein LLP.

  • 'Injury In Fact' Standing After Cambridge Analytica

    Michael Ruttinger

    If personally identifiable information has value — the lesson of the Cambridge Analytica scandal — courts may find themselves revisiting the long-marginalized theory that the lost opportunity to profit from your own private data is itself sufficient to show you have been injured, says Michael Ruttinger of Tucker Ellis LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • States' Crypto Enforcement Onslaught Has Only Just Begun

    John Reed Stark

    It should come as no surprise that state securities administrators have boosted their cryptocurrency enforcement efforts. Because while cryptocurrency promoters can find easy prey in today’s excitable retail investor marketplace, initial coin offerings and digital trading platforms are also easy to surveil and easy to charge, says John Reed Stark of John Reed Stark Consulting LLC.

  • Epic Systems May Point To Fate Of 'Lamps Plus' At High Court

    Ryan Bates

    If the U.S. Supreme Court affirms the Ninth Circuit's decision in Lamps Plus v. Varela, plaintiffs subject to arbitration agreements that are silent on class issues could find a “back door” into class arbitration. This begs the question: Does the high court's recent Epic Systems decision hint as to how it may decide Lamps Plus? asks Ryan Bates of Hunton Andrews Kurth LLP.

  • Still Looking For Clarity In DOD Information Security Rule

    Jeniffer De Jesus Roberts

    The U.S. Department of Defense recently issued guidance on its information safeguarding rule, but many believe the rule remains as clear as mud. There are some steps contractors can take to protect themselves from the unknown, say Jeniffer De Jesus Roberts and Katherine Veeder of Alston & Bird LLP.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.