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Cybersecurity & Privacy

  • August 6, 2018

    Pittsburgh Casino Spied On Texts, Banking Info, Guests Say

    Two women have accused Rivers Casino in Pittsburgh of zooming in on their cell phones with its security cameras to record their private information, then sharing that information with one plaintiff’s ex-husband, according to two lawsuits filed in Allegheny County court.

  • August 6, 2018

    Emerson Can't Undo BladeRoom's $30M Trade Secret Win

    A California federal judge refused to tinker with a jury's $30 million award to data-center manufacturer BladeRoom regarding competitor Emerson's theft of business info that allowed it to win Facebook's business for a data center in Sweden.

  • August 6, 2018

    LabMD Won't Get Review Of FTC Atty Immunity Decision

    A District of Columbia federal appeals court on Friday turned down a request from LabMD for another look at a decision saying Federal Trade Commission lawyers were shielded from allegations that they unfairly pushed an enforcement action against the company.

  • August 6, 2018

    Sports Concessions Co. Kills Printed-Receipt Suit

    A D.C. federal judge tossed Friday a proposed class action against Centerplate accusing the sports concessionaire of violating the Fair and Accurate Credit Transactions Act by printing a consumer’s entire 16-digit card number and expiration date on printed receipts, ruling that the court lacks subject-matter jurisdiction.

  • August 6, 2018

    Rising Star: Covington & Burling's Alexander Berengaut

    Alexander Berengaut of Covington & Burling LLP has represented tech giant Microsoft on critical privacy matters, including before the U.S. Supreme Court and in a challenge to a statute that barred technology companies from telling clients when their information had been subpoenaed, making him one of five attorneys under 40 selected for Law360’s Cybersecurity & Privacy Rising Stars.

  • August 3, 2018

    BuzzFeed Wins Bid For Gov't Testimony On Trump Dossier

    A D.C. federal judge on Friday granted BuzzFeed's bid to compel certain testimony from federal government agencies and employees in its suit over an unverified dossier containing scandalous claims about information that Russia was said to be collecting to blackmail President Donald Trump.

  • August 3, 2018

    DHS Hub To Offer Cybersecurity Boost, But Cos. Still Exposed

    The U.S. Department of Homeland Security's recent decision to open a center dedicated to tackling cyberthreats directed at critical infrastructure is likely to help expand vital communication channels between the public and private sectors, but lingering concerns over liability protections could limit the initiative's ultimate effectiveness, attorneys say.

  • August 3, 2018

    Yahoo Investors' Counsel Seek $14M Of $80M Breach Deal

    Shareholders pushed for $14.4 million, or 18 percent, of an $80 million deal to be set aside for attorneys' fees in litigation over massive data breaches at Yahoo Inc., saying in California federal court Thursday that it's reasonable under Ninth Circuit precedent and appropriate.

  • August 3, 2018

    Bock Hatch, Atty Beat Ethics Claims Over Class Action

    A Florida federal court ruled Friday that a chiropractic clinic failed to prove its former counsel David M. Oppenheim and Bock Hatch Lewis & Oppenheim LLC breached a fiduciary duty by pursuing a competing spam fax class action against the Tampa Bay Buccaneers after Oppenheim moved to the firm.

  • August 3, 2018

    DOJ Sued For Access To Comey’s Private Emails

    An advocacy group has sued to force the U.S. Department of Justice to release the work emails that former FBI Director James Comey and his chief of staff allegedly sent from their personal email accounts.

  • August 3, 2018

    Kohl's Hit With TCPA Suit Over Advertising Texts

    A Florida woman hit Kohl's Corp. with a proposed class action in Florida federal court Thursday that claims the company violated the Telephone Consumer Protection Act by sending her unsolicited text messages.

  • August 3, 2018

    Ind. Court Tosses Surgery-Privacy Suit Against Stryker

    An Indiana appeals court on Friday affirmed the dismissal of a suit against the medical device maker Stryker Corp. over privacy concerns from Stryker employees’ observation of a knee operation, citing statutes of limitations.

  • August 3, 2018

    GAO Won't Toss $100M Air Force Deal For Bad Registration

    An inaccurate federal contractor database registration by the winning bidder on a nearly $100 million U.S. Air Force cyber support contract wasn’t enough to knock that company out of contention for the deal, according to a U.S. Government Accountability Office decision.

  • August 3, 2018

    Stormy Daniels' Suit Against Ex-Atty Sent Back To State Court

    A California federal judge sided with adult film star Stormy Daniels in her bid to remand to state court a suit in which she claims her former attorney was a “puppet” of President Donald Trump and Trump’s former attorney Michael Cohen, finding Thursday that the case’s removal involved “clear gamesmanship.”

  • August 3, 2018

    Judge Thinking About Pardon Power In Special Counsel Probe

    An indicted Russian company on Friday sought to challenge Robert Mueller's special counsel appointment as illegal and unconstitutional, arguing that Mueller has too little supervision and prompting the D.C. federal judge to ask if the president's power to pardon could affect the finality of any decision coming from that office.

  • August 3, 2018

    Cirque Du Soleil Wins TCPA Decert. After China Agritech

    An Illinois federal judge on Thursday decertified a class of Illinoisans in a Telephone Consumer Protection Act suit accusing Cirque du Soleil of sending unwanted ticket-promotion faxes for its traveling show, saying the U.S. Supreme Court's recent opinion in China Agritech v. Resh dooms their claims.

  • August 3, 2018

    Insurers Must Get To Grips With Cyberrisk, EIOPA Says

    Insurance firms across the European Union must have a “deeper understanding” of the threats faced by their customers if the bloc’s cyber industry is to grow, Europe’s top insurance regulator has said.

  • August 2, 2018

    GE Engineer Linked To China Stole Trade Secrets, FBI Says

    A General Electric Co. engineer involved in multiple Chinese companies has been arrested after the FBI filed a criminal complaint in New York federal court Wednesday, claiming he stole trade secrets related to turbine technology and tried to conceal them in the code of a digital photo.

  • August 2, 2018

    Freedom Mortgage Can't Shake 2 TCPA Class Actions In NJ

    Freedom Mortgage Corp. lost separate bids to escape two putative class actions over allegedly unsolicited phone calls when a New Jersey federal judge ruled Thursday that the customers’ lawsuits supported their claims under the Telephone Consumer Protection Act.

  • August 2, 2018

    Sens. Unveil Wide-Ranging Russia Sanctions Bill

    A bipartisan group of six senators on Thursday introduced a bill to impose new sanctions on Russia’s energy sector as well as numerous political figures and oligarchs, citing Moscow’s continued attempts to meddle in U.S. elections through cybersecurity breaches.

Expert Analysis

  • Carpenter And The High Court's Shift On 4th Amendment

    Sarah Hall

    The U.S. Supreme Court's decision last month in Carpenter is a clear departure from other Fourth Amendment precedent involving information possessed by third parties and individuals’ activities that occur in public. It questions the very premises on which those precedents were based in light of modern technologies, say Sarah Hall and Brian Lanciault of Thompson Hine LLP.

  • Biometrics And Geolocation Legislation: A Midyear Update

    Justin Kay

    In the first half of 2018, technology that determines where you are and who you are garnered significant attention. Less discussed are the legislative efforts underway in the federal government and in many states to regulate these emerging technologies, says Justin Kay of Drinker Biddle & Reath LLP.

  • Employers Can Prepare For New Colo. Data Privacy Law

    Dustin Berger

    Thanks to new legislation recently signed into law by Colorado Gov. John Hickenlooper, organizations that employ workers in the state will soon face more stringent data privacy requirements. Dustin Berger of Holland & Hart LLP reviews key elements of the new requirements and steps employers should take to comply.

  • How FCC Ruling Could Impact Viability Of TCPA Fax Cases

    Lewis Wiener

    In Scoma Chiropractic v. Dental Equities, a junk fax case brought against MasterCard International, a Florida federal court recently issued a stay pending a ruling from the Federal Communications Commission. The decision may have ripple effects in other pending Telephone Consumer Protection Act actions, say Lewis Wiener and Alexander Fuchs of Eversheds Sutherland.

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.

  • New Privacy Laws' Unintended Impact On Bankruptcy Sales

    Walt Sapronov

    When the next downturn occurs, bankruptcies and opportunities for investors to pick up distressed assets on the cheap will follow. Where those assets include customer lists or other personal information protected by new privacy laws in the EU and California, those sales will become more difficult, say Walt Sapronov and Paul Kouroupas of Sapronov & Associates PC.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Beware Processors As Co-Controllers Under GDPR

    Cynthia Cole

    Contracts between controllers and processors should require the data processor to act solely upon the controller's instructions and to take appropriate measures to keep the personal data secure. What is very different under the EU General Data Protection Regulation is that processors now have direct responsibilities and obligations, outside the terms of the contract, says Cynthia Cole of Baker Botts LLP.

  • New 'Shine The Light' Suits Highlight Privacy Issues

    Stephanie Sheridan

    The California Consumer Privacy Act, passed last month, is the state's most comprehensive privacy legislation to date, but not its first. Several recent putative class actions allege violations of California’s Shine the Light law. Retailers' in-house counsel should ensure that protocols are in place for timely, accurate responses to information requests under the law, say attorneys with Steptoe & Johnson LLP.