Cybersecurity & Privacy

  • November 30, 2017

    Writer Says Ex-Lover Used Spyware to Steal, Sell Story

    Best-selling author Emma Cline and her ex-boyfriend filed clashing lawsuits in California federal court Wednesday, surfacing a bitter private fight in which the novelist’s former lover accuses her of using spyware to steal and plagiarize his works, charges she forcefully denies.

  • November 30, 2017

    Google Faces UK Suit Over IPhone Snooping Claims

    A consumer watchdog on Thursday filed what he called Britain’s first proposed class action against a tech giant for allegedly misusing personal data, claiming that Google Inc. breached iPhone privacy settings to illegally collect records on more than 5 million U.K. residents.

  • November 30, 2017

    Squire Patton Acquires Cybersecurity Litigation Boutique

    Squire Patton Boggs LLP has acquired the litigation boutique Yarbrough Law Group PC in Dallas, bolstering its litigation capabilities and expanding its white collar, cybersecurity, data privacy and intellectual property practice, Squire Patton Boggs said Thursday.

  • November 30, 2017

    SEC Official Says More ICO Enforcement Actions Expected

    A top U.S. Securities and Exchange official said Thursday that the agency expects to take additional enforcement actions regarding initial coin offerings, a new form of capital-raising based on the same technology that powers digital currency bitcoin that has largely been unregulated until recently.

  • November 30, 2017

    Hanover Pushes Back On Liquor Chain's 5th Circ. Revival Bid

    Hanover Insurance Co. on Thursday asked the Fifth Circuit to find it does not owe a Texas liquor store chain the costs of a lawsuit against the chain’s credit card processor after two data breaches, arguing all the evidence pointed toward the claim being excluded.

  • November 30, 2017

    Ex-Akin Gump Atty Pleads Guilty In DOJ Suit-Selling Case

    A former partner at Akin Gump Strauss Hauer & Feld LLP pled guilty in California federal court Wednesday to charges that he stole a sealed government complaint while still employed with the U.S. Department of Justice and tried to sell the information to a cybersecurity company then under investigation.

  • November 29, 2017

    Atty Slams Ocwen Bid To 'Fling Mud' At Him Over TCPA Deal

    Counsel for a class action alleging Florida-based Ocwen Loan Servicing unlawfully autodialed their cellphones urged an Illinois federal court to reject the company’s attempts to "fling mud" at him after it filed a bid for a hearing to determine whether he breached a confidentiality agreement. 

  • November 29, 2017

    High Court Takes Aim At Setting Location Privacy Bar

    Several U.S. Supreme Court justices on Wednesday appeared receptive to requiring more stringent protections for historical cellphone location data than for other business records, in a case that has the potential to have sweeping implications for the government’s ability to access a wide range of sensitive digital information.

  • November 29, 2017

    Email Scam Not A Covered Fraud, Insurer Org. Tells 2nd Circ.

    An insurance trade group on Tuesday urged the Second Circuit to reverse a New York federal judge's ruling that Medidata Solutions Inc. is entitled to coverage for a $4.8 million loss it suffered when it was tricked into wiring money overseas, saying the decision improperly expands the scope of crime insurance and would drive up premiums if upheld.

  • November 29, 2017

    9th Circ. Says ESPN App User's Data Isn't Personal Info

    The Ninth Circuit on Wednesday ruled that although an ESPN app user claiming the sports network disclosed his private information to an analytics company had standing to sue, a lower court was right to toss his suit because the information was not personally identifiable under the Video Privacy Protection Act.

  • November 29, 2017

    Winner Of 'Madoff' Defamation Case Fights For $38M

    A Los Angeles real estate investor who won a $38 million defamation award against a former business tenant who created websites comparing him to jailed Ponzi schemer Bernie Madoff asked the Ninth Circuit on Tuesday to overturn an Arizona federal court’s dismissal of his lawsuit against the tenant’s insurer.

  • November 29, 2017

    EU Data Watchdogs Set Up Task Force To Tackle Uber Breach

    European data protection authorities said Wednesday that they are pooling their resources to probe Uber’s recently disclosed data breach, which has put the ride-sharing company in regulators’ crosshairs.

  • November 29, 2017

    Uber Sued Over Alleged Hush Money To Hackers

    Ride-hailing giant Uber Technologies Inc. on Tuesday was hit with a putative class action in Illinois federal court over the company’s reported $100,000 payment to hackers who breached driver and user data last year.

  • November 29, 2017

    Law Firm Denied Bid For Win In Costco Junk-Fax Suit

    A Missouri federal judge on Tuesday rejected a law firm’s motion for summary judgment in its class action accusing Costco Wholesale Corp. of violating the Telephone Consumer Protection Act by sending unsolicited fax advertisements, holding that key facts remain in dispute.

  • November 29, 2017

    With Wave Of Suits, Chicago Turns Focus To Residents' Rights

    The city of Chicago is making an effort to bring more litigation on behalf of its residents against private companies, including Equifax and Uber over recently reported data breaches, part of a push under its new corporation counsel that could use the city's stringent consumer protection ordinance to reap significant spoils for the cash-strapped government.

  • November 28, 2017

    'Hacker-For-Hire' Cops To Role In Russian Yahoo Email Leak

    A Canadian “hacker-for-hire” admitted Tuesday to breaking into Yahoo’s systems to steal information on at least 500 million user accounts in 2014 as part of a job he did for Russian government agents, according to a plea deal that calls for a fine of up to $2.3 million.

  • November 28, 2017

    Uber Sued Under Wash.’s Revamped Breach Reporting Law

    Washington state's attorney general on Tuesday became the latest to sue Uber over its recent disclosure that a massive hack in 2016 had exposed 57 million riders and drivers' personal data, alleging the ride-share giant broke the state's recently amended breach notification law by waiting more than a year to reveal the incident.

  • November 28, 2017

    State Dept. Moves To Extend Enhanced Visa Vetting Process

    The U.S. Department of State has requested public comment on a proposed three-year extension of an emergency six-month “extreme vetting” program for visa applicants who fit a “threat profile” according to consular officers, a notice in Monday’s Federal Register said.

  • November 28, 2017

    Sirius Says It Found Driver's Info From Post Office, Not DMV

    Sirius XM Radio Inc. asked a California federal judge Monday to toss a proposed privacy class action, saying a driver falsely asserted that it targeted him for subscription offers using data gleaned from his personal motor vehicle records, when in reality the company obtained the data from post office records.

  • November 28, 2017

    Small Banks, Lobby Group Sue Equifax Over Data Breach

    The Independent Community Bankers of America and two of its members sued Equifax Inc. in Georgia federal court on Monday, becoming the latest of a handful of banks to sue the credit reporting agency over a massive consumer data breach that has spurred hundreds of lawsuits.

Expert Analysis

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • High Court Gets Ready To Weigh Privacy Vs. Public Safety

    Bob Anderson

    On Nov. 29, the U.S. Supreme Court will hear arguments in Carpenter v. United States — a case that could dramatically affect the future of surveillance, potentially requiring law enforcement to secure a warrant each time it seeks cell tower data and similar types of metadata, says Bob Anderson, leader of Navigant Consulting Inc.'s information security practice.

  • Florida Amendment 7 Objections Are On Life Support

    Corey Lapin

    Although the citizens of Florida voted to amend the state's constitution in 2004 to allow nearly unfettered access to records of “adverse medical incidents,” defendants have continued to use new and refined theories in response to Amendment 7 discovery requests. The recent ruling in Edwards v. Thomas may put an end to many of these tactics, says Cory Lapin of Manion Gaynor & Manning LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • A Common-Sense Approach To Conversion In Digital Age

    Harvey Wolkoff

    Courts have openly struggled with whether electronic data satisfy conversion’s “tangibility” requirement. But in Children’s Hospital v. Cakir, a Massachusetts federal judge recently made clear that conversion provides a recourse for owners of electronic data that is destroyed or stolen, say attorneys with Ropes & Gray LLP.