Cybersecurity & Privacy

  • March 6, 2018

    Law Firm Slams Costco's Jury Instruction In Junk-Fax Suit

    A law firm has objected to Costco’s proposed jury instructions in a Telephone Consumer Protection Act class action accusing the retailer of sending unsolicited faxes, telling a Missouri federal court Monday that they appear designed to cause confusion.

  • March 6, 2018

    Energy Execs Seek Better Cover From Growing Cyberstorm

    Energy executives are increasingly concerned about the impact of cyberattacks on their operations, with many planning to step up their investment in cybersecurity, a leading insurance broker said Tuesday.

  • March 6, 2018

    Defense Contractor Pleads Guilty To Retaining Gov't Secrets

    A former Navy officer and defense contractor pled guilty Monday in Texas federal court to unlawfully holding on to secret information, including ground troop operations in Afghanistan, the U.S. Department of Justice said. 

  • March 5, 2018

    Watchdog Sues DOJ For WH Memos On Fox-Disney Deal

    A nonprofit created by former Obama administration lawyers sued the U.S. Department of Justice on Monday seeking the agency’s communications with the White House over The Walt Disney Co.’s $52.4 billion deal to buy 21st Century Fox Inc.’s film and television studios and other assets.

  • March 5, 2018

    Ex-Akin Gump Atty's Wife Pleads For Speaking Tour, Not Jail

    The wife of the ex-Akin Gump Strauss Hauer & Feld LLP attorney who admitted to trying to sell U.S. Department of Justice information asked a California federal judge to pass on sentencing him to jail and send him on a speaking tour instead, saying Monday that his kids need him at home.

  • March 5, 2018

    Applebee's Franchisee Reveals Payment Card Data Breach

    Diners who used their payment cards at more than 160 Applebee's restaurants in Illinois, Texas, Florida and a dozen other states late last year may have had their personal information compromised in a recently discovered data breach, the franchisee that operates the affected locations said Friday.

  • March 5, 2018

    Insurer Asks 11th Circ. To Nix $1.7M Transfer Fraud Coverage

    Ironshore Indemnity Co. on Monday urged the Eleventh Circuit to upend a Georgia federal judge's ruling that it must cover an information technology company's $1.7 million loss from a transfer induced by a fraudulent scheme, arguing that the lower court either ignored or misconstrued key language in the company's crime insurance policy.

  • March 5, 2018

    Symantec Will Pay $65M To End Finjan Patent Row

    Symantec Corp. and one of its units have agreed to pay $65 million, with the possibility of up to $45 million more, to settle Finjan Inc.’s patent infringement allegations that just a month ago had been on the verge of a retrial, according to a recent regulatory filing by Finjan.

  • March 5, 2018

    Seyfarth Shaw Nabs Baker McKenzie Partner As Data Chair

    Seyfarth Shaw LLP has scored a Baker McKenzie partner in Chicago with more than 25 years experience in commercial real estate law, including extensive expertise related to investments in data storage properties, to chair the firm’s data center practice group.

  • March 5, 2018

    FEC Tees Up Rulemaking On Online Election Ad Disclaimers

    The Federal Election Commission is set to seek comment on an updated framework for disclosures in online political ads that would bring paid web advertisements under the same transparency standards applied to broadcast advertisements.

  • March 5, 2018

    iHeartMedia Faces TCPA Suit Over Radio Station Robocalls

    A Los Angeles man filed a terse proposed class action against iHeartMedia Inc., via one of its radio stations, on Monday in California federal court alleging robocall violations of the Telephone Consumer Protection Act that may have roped in “thousands” of recipients of unwanted calls.

  • March 5, 2018

    Class OK'd In Background Check Suit Versus Medical Supplier

    A Florida federal judge granted class certification in a suit claiming that a medical equipment supplier violated the Fair Credit Reporting Act by obtaining consumer background checks on hundreds of employees and job applicants without proper disclosure and authorization.

  • March 5, 2018

    Yahoo To Pay $80M To End Securities Suit Over Data Breach

    Yahoo said Friday it will pay $80 million to settle a class action brought by investors who alleged that the company intentionally misled them about its cybersecurity practices in the wake of massive hacks that compromised 1.5 billion users' personal information, despite one of the lead plaintiffs apparently sitting out the deal.

  • March 5, 2018

    Facebook, Microsoft Say Content Laws Should Stay Local

    A Facebook policy manager and a Microsoft assistant general counsel speaking in California at an American Bar Association panel argued Friday that an individual country's laws should not be allowed to regulate or ban content on their platforms globally.

  • March 5, 2018

    Power Co. Fined $2.7M For Exposing Critical Grid Data

    Electricity grid reliability regulators have fined an unnamed power company $2.7 million for unwittingly exposing critical cybersecurity data that could have allowed hackers to gain access to its systems, according to a notice recently filed with the Federal Energy Regulatory Commission.

  • March 5, 2018

    Google Says Nearly Half Of 2.4M Links Nixed From Searches

    Google Inc. has removed nearly half the 2.43 million links that Europeans have flagged for removal from search results since the European Court of Justice's 2014 “right to be forgotten” ruling, with the vast majority of the requests coming from private individuals such as celebrities and politicians. 

  • March 5, 2018

    International Insurers Warn Cyber Coverage Barriers Remain

    A group of global insurers called on Monday for a consistent regulatory framework to govern cybersecurity and demanded other legal reforms to help the cyber insurance market reach its full potential, including giving insurers access historical information about online attacks.

  • March 5, 2018

    Pa. AG Wants $13.5M From Uber In Data Breach Suit

    Pennsylvania’s attorney general on Monday joined the legal fight over the 2016 Uber Technologies Inc. data breach, filing a consumer protection suit in state court that seeks to recover as much as $13.5 million.

  • March 2, 2018

    SEC Solidifies Liability Risks With Cybersecurity Guidance

    The heads of the U.S. Securities and Exchange Commission were short on specifics and broke little new ground in their recent cybersecurity disclosure guidance, but their strong endorsement of established cyber reporting principles and heightened focus on issues such as insider trading leaves little doubt as to where public companies need to focus to avoid the commission's ire, attorneys say.

  • March 2, 2018

    Health Care Cos. Lose Class Bid In Janssen Junk Fax Suit

    An Illinois federal judge Friday denied a pair of health care providers class certification in their suit against Janssen Pharmaceuticals Inc. over unwanted faxes, saying immediate certification is not needed to preserve their claims.

Expert Analysis

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Beware ICO Lawyers, You're The Next Target

    John Reed Stark

    Chairman Jay Clayton of the U.S. Securities and Exchange Commission recently gave an extraordinary speech reiterating his concerns about initial coin offerings while also adding a new twist. It's gatekeeper liability redux at the SEC, and lawyers connected to ICOs should be watching their backs, says John Reed Stark, president of John Reed Stark Consulting LLC.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Lessons For Data Breach Lawyers From Product Liability

    Michael Ruttinger

    Lawyers in data breach litigation can learn from their contemporaries in more established fields such as product liability, where the law has developed well-established approaches to many of the same issues that will arise in the merits stage of data breach cases, says Michael Ruttinger of Tucker Ellis LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • CFTC Reasserts Its Role In Virtual Currency Regulation

    Christopher Conniff

    Virtual currency market participants should be mindful of the U.S. Commodity Futures Trading Commission, which announced three enforcement actions in the past week. The CFTC is arguably better positioned to fight virtual currency fraud than the U.S. Securities and Exchange Commission, say attorneys with Ropes & Gray LLP.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.