Cybersecurity & Privacy

  • February 9, 2018

    People Have Right To Keep Health Data Secret, 2nd Circ. Says

    The Second Circuit on Friday revived privacy claims brought by correction officers who said their boss at an upstate New York jail snooped on their medical records, finding that people have the right to keep their health data secret — even if nothing in their files could be used to stigmatize them.

  • February 9, 2018

    DOJ Slams Hospital Chain In Surgery Center's Antitrust Row

    The U.S. Department of Justice has gone to bat for Marion HealthCare LLC in the surgery center’s antitrust suit against Southern Illinois Healthcare, telling an Illinois federal court SIH is wrong to argue that an appeals court ruling means its disputed insurance contracts are legal “as a matter of law.”

  • February 9, 2018

    Spokeo Derails $580K Deal In Pet Store Receipt Row

    A Florida federal judge who previously gave initial approval to a $580,000 deal to resolve claims that Pet Supermarket Inc. printed too many credit card digits on receipts on Thursday axed the settlement and tossed the suit, citing several recent rulings that found that nearly identical privacy claims in other suits failed to meet the Spokeo standing bar.

  • February 9, 2018

    Apple, Cisco Venture Could Fuel Cyberinsurance Market Surge

    Apple and Cisco recently announced they are teaming with two insurers to offer discounted cyberinsurance policies for companies that use the tech giants' products to help guard against digital threats, a partnership that experts say could spur the sale of cyber coverage among reluctant businesses scared off by high premiums and daunting deductibles.

  • February 9, 2018

    Health Hires: Ropes, Brown Rudnick, Mallinckrodt, DLA Piper

    A wealth of health care and life sciences attorneys have been on the move lately, with new additions being welcomed at Ropes & Gray LLP, Brown Rudnick LLP, Mallinckrodt PLC, DLA Piper, Katten Muchin Rosenman LLP, Nelson Hardiman LLP, Holland & Knight LLP, Foley & Lardner LLP, Loeb & Loeb LLP and Dykema Cox Smith.

  • February 9, 2018

    Jones Day Adds Ex-Cybercrime Prosecutor In Pittsburgh

    Jones Day has brought in a former assistant U.S. attorney who helped lead the national security and cybercrimes unit in Pennsylvania’s Western District as of counsel in the firm’s Pittsburgh office.

  • February 9, 2018

    Co. Says Ruling Means It Can Scrape Data From LinkedIn

    Data company 3Taps Inc. on Thursday hit LinkedIn Corp. with a suit in California federal court, arguing that a ruling in a separate case that allowed a job search startup to scrape data off the networking site’s public profiles should allow 3Taps to do the same.

  • February 8, 2018

    Asset Freeze Denied For Alleged $2B Cryptocurrency Scam

    A Florida federal judge on Thursday rejected a request for a temporary restraining order to freeze the assets of cryptocurrency trading organization BitConnect and several promoters, saying investors who sued hadn’t adequately shown that possibly more than $2 billion was in danger of being stolen.

  • February 8, 2018

    State AGs Urge High Court To Review Google Privacy Deal

    Attorneys general from Arizona, Texas and more than a dozen other states on Wednesday backed a class action fairness group's bid to convince the U.S. Supreme Court to review a privacy case involving Google where class members stand to receive none of the $8.5 million settlement, arguing that such cy pres pacts hurt consumers.

  • February 8, 2018

    Yahoo Asks Justices To Shield Privacy Of Emails After Death

    Yahoo has asked the U.S. Supreme Court to decide what should happen to our email accounts when we die, arguing that a ruling by Massachusetts’ top court “effectively eliminates personal privacy in email content after death” and needs to be corrected.

  • February 8, 2018

    Background Check Co. Settles Claims Over Faulty Report

    Early Warning Services LLC has agreed to pay up to $225,000 to end a proposed class action by a woman who says Wells Fargo Bank NA rescinded a job offer after a background check falsely reported she was fired from her previous bank job for fraud, according to a Wednesday filing in New Jersey federal court.

  • February 8, 2018

    Special Master Tapped For $38M Anthem Atty Fee Fight

    A former California judge was tapped as a special master Thursday to scrutinize $37.95 million in fees requested by 53 law firms in the Anthem Inc. data breach litigation, following worries that the many billers and their requested rates signal waste and padding.

  • February 8, 2018

    Fla. Cops Had Right To Nab Predator Suspect, 11th Circ. Says

    A federal appeals panel has backed up a Florida federal court’s ruling clearing three police officials of liability in a false arrest suit filed by a man nabbed in an undercover sting operation targeting sexual predators, finding that the officers acted with probable cause.

  • February 8, 2018

    Top HIPAA Enforcer Joins Polsinelli, Sees No Discipline Dip

    One of the federal government’s top enforcers of Health Insurance Portability and Accountability Act privacy protections has joined Polsinelli PC, and she expects tough discipline for compliance lapses to continue despite a lull last year.

  • February 8, 2018

    Fox News Slams Ex-Host's New Cyberstalking Complaint

    Fox News hit back Wednesday at a former host who says the network cyberstalked her after she complained about sexual harassment, saying accusations added in a new complaint she filed last week don’t support her legal claims.

  • February 8, 2018

    ACLU Wants Docs On ICE Activities Around Ore. Courthouses

    The U.S. Department of Homeland Security is violating federal open records laws by not complying with requests for documents related to activities by U.S. Immigration and Customs Enforcement agents outside courthouses, the American Civil Liberties Union Foundation of Oregon said Wednesday in a complaint in Oregon federal court.

  • February 7, 2018

    Tillerson To Form New State Dept. Cybersecurity Bureau

    Secretary of State Rex Tillerson is aiming to revamp the State Department's cybersecurity operations, telling a top House lawmaker Tuesday that he is planning to merge two existing offices into a new bureau that will broadly tackle cyberspace and digital economy issues. 

  • February 7, 2018

    Senators Urge DOD To Study Phone Tracking Risks

    Two members of the Senate Armed Services Committee on Wednesday urged U.S. Secretary of Defense James Mattis to study the potential security risks of American service members using Google Android phones overseas, citing concerns that the tech firm’s location-tracking tools could be hijacked by enemy combatants.

  • February 7, 2018

    Aetna Sues, Settlement Admin Counters In HIV Privacy Case

    Aetna and its settlement administrator hit each other with separate lawsuits in Pennsylvania and California federal courts, respectively, this week, demanding that the other take responsibility for mishandling policyholders' sensitive data in underlying litigation stemming from a settlement involving HIV medications.

  • February 7, 2018

    Bill Aims To Open Path For Feds' Overseas Data Demands

    A bipartisan group in Congress on Tuesday took a crack at clearing up the debate at the heart of a U.S. Supreme Court case involving Microsoft over the federal government's ability to access user data stored abroad, rolling out proposed legislation designed to spur bilateral agreements with foreign governments to ease existing legal conflicts.

Expert Analysis

  • Hotel Malware Attack Raises Unusual Insurance Questions

    Jan Larson

    A Florida district court is poised to decide several interesting questions in St. Paul v. Rosen, offering policyholders guidance on the extent to which traditional insurance policies can protect them from data breaches and on whether policyholders' corporate affiliates can look to their policies for protection, say Jan Larson and Alex Langlinais of Jenner & Block LLP.

  • Reg A-Plus Is Perfect For Initial Coin Offerings

    Aaron Kaplan

    As initial coin offerings are a means to effectuate crowdfunded capital formation, issuers will likely try to meet one of the three securities registration exemptions in the Jobs Act. Aaron Kaplan of Gusrae Kaplan Nusbaum PLLC explains why the exemption under Regulation A-Plus is the most suitable.

  • Global Perspectives On High Court Microsoft Warrant Case

    Heather Sussman

    Several foreign governments and other international authorities recently weighed in on the Microsoft overseas-data case. The amicus briefs underscore the important implications of the U.S. Supreme Court’s decision for global data transfers and international users’ privacy, say attorneys with Ropes & Gray LLP.

  • Dialing In: Hot TCPA Issues For 2018

    Lewis Weiner

    2018 will be an important year for Telephone Consumer Protection Act issues, as interested parties are still waiting for a ruling in the appeal of an omnibus declaratory order issued by the Federal Communications Commission in July 2015, and courts will continue to grapple with issues such as the definition of autodialer, standards for consent and revocation, and third-party liability, say attorneys with Eversheds Sutherland LLP.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Inside New Regs On Sharing Substance Use Disorder Info

    Patricia Markus

    A rule recently issued by the Substance Abuse and Mental Health Services Administration demonstrates the agency's attempt to find a balance between making substance use disorder information available to those who need it for legitimate purposes while safeguarding it from improper uses and disclosures, says Patricia Markus of Nelson Mullins Riley & Scarborough LLP.

  • Top 10 Employer Resolutions For 2018

    Allegra Lawrence-Hardy

    Last year employers watched as a variety of regulations were rolled back to pre-Obama administration status. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC discuss what happened in 2017, the developments employers should be alert to this year, and the resolutions they should make to protect their company and employees.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • 3 Enforcement Priorities For State AGs In 2018

    Joe Jacquot

    State attorney general campaigns will be in full swing with 31 elections this year. In addition to three top substantive areas, campaign issues themselves will influence how state attorneys general prioritize enforcement, says Joe Jacquot, former chief deputy attorney general of Florida, now with Foley & Lardner LLP.