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Cybersecurity & Privacy

  • January 7, 2019

    Justices Won't Hear Fiat Chrysler Bid To Undo Hack Cert.

    The U.S. Supreme Court on Monday declined to hear Fiat Chrysler’s bid to swiftly challenge an Illinois district court’s certification of thousands of drivers claiming Jeep Cherokees were vulnerable to hacking, preserving a Seventh Circuit decision clearing the way for a multistate trial against the automaker.

  • January 7, 2019

    High Court Won't Review Row Over State Voter Data Grabs

    The U.S. Supreme Court on Monday refused to take up the Electronic Privacy Information Center's challenge to a ruling that found it lacked standing to contest the collection of state voter data by President Donald Trump's now-defunct voter fraud commission.

  • January 7, 2019

    I May Be A Felon, But I'm No Gossip, Ex-Asst. DA Says

    A former Brooklyn assistant district attorney who admitted illegally wiretapping a colleague told a New York federal judge there's no evidence she gossiped about what she recorded, seeking the dismissal of the colleague's claims of suffering from office gossip.

  • January 7, 2019

    Lewis Brisbois Hires Former DOJ Cyber Atty In Philly, NY

    Lewis Brisbois Bisgaard & Smith LLP announced Monday that it has landed longtime federal prosecutor Rich Goldberg to come on board as a partner in its cybersecurity and data privacy practice operating out of the firm's New York and Philadelphia offices.

  • January 7, 2019

    Judiciary Pushes Back Day It Will Go Broke Over Shutdown

    The U.S. judiciary has pushed back the date it is expecting to run out of money over the government shutdown to next week, increasing the chances that the impasse will resolve before courts may have to start cutting staff and delaying litigation.

  • January 7, 2019

    Grindr Victory In Fake Profile Case Examined By 2nd Circ.

    The Second Circuit asked Monday if Grindr could be liable for publishing the location of a man whose ex-boyfriend subjected him to a vicious campaign of vengeance after their breakup, but counsel for the gay men's app rejected as "fantastical" the notion that Grindr was anything more than a neutral service.

  • January 7, 2019

    Hacking Nixes Injunction In Trade Secrets Row, 3rd Circ. Told

    Telecom engineers facing a trade secrets lawsuit by their former boss urged the Third Circuit to vacate a lower court’s order to preserve data they allegedly stole and to refrain from contacting their ex-employer’s clients during the litigation, arguing Monday that the complaint is based on improperly obtained information.

  • January 7, 2019

    Ex-PwC Manager Loses Bid For Anonymity In Court Battle

    An employment tribunal in London has dismissed an appeal by a former senior manager at PwC seeking to have a ruling linked to a discrimination suit she brought against the accounting giant withheld from the public or made anonymous.

  • January 7, 2019

    Siding With FX, High Court Won't Hear 'Feud' Fight

    The U.S. Supreme Court on Monday said it wouldn't hear a closely watched case filed by actress Olivia de Havilland over the way she was portrayed in the FX docudrama "Feud: Bette and Joan."

  • January 4, 2019

    Facebook Needn't Meet Criminal Data Demands: DC Court

    The District of Columbia Court of Appeals has drawn back the curtain on its decision last year to reverse an order holding Facebook in contempt for refusing to turn over user data requested by a man facing murder charges, holding that federal law prohibits service providers from disclosing such records in response to criminal defendants' subpoenas.

  • January 4, 2019

    Are HIPAA Enforcers Gunning For Big Health Cos.?

    Federal enforcers in 2018 punished a remarkable number of big-name businesses for flouting privacy provisions of the Health Insurance Portability and Accountability Act, perhaps signaling a revamped strategy for grabbing HIPAA compliance headlines.

  • January 4, 2019

    Calif. Guarantees Jury Trials Over Medical Info, Court Says

    California’s state constitution guarantees the right to a jury trial for people claiming damages from the dissemination of their private medical information, a California appellate panel said Thursday in reviving a man’s suit over a debt collector’s alleged use of his dental records.

  • January 4, 2019

    Cryptocurrency Nano Hit With 2nd Suit Over $170M Loss

    The people behind the cryptocurrency Nano and the trading website BitGrail were hit with a second proposed class action in California federal court on Thursday claiming they tricked investors into using a vulnerable trading platform that purportedly resulted in the loss of some $170 million in digital assets.

  • January 4, 2019

    Former AT&T VP Bob Quinn Joins Wilkinson Barker Knauer

    Former AT&T executive Bob Quinn has joined Wilkinson Barker Knauer LLP as a partner in the firm's Washington, D.C., office, where he says he plans to focus on shaping online privacy policy after leaving the telecom giant in May.

  • January 4, 2019

    Sens. Propose New Office To Fight Chinese Tech Threats

    A bipartisan pair of U.S. senators on Friday floated legislation to establish a new office within the White House to coordinate government-wide efforts to combat technology theft by nation states like China and to raise awareness about the national security threats posed by the reliance on foreign products, like those manufactured by ZTE and Huawei.

  • January 4, 2019

    Weather Channel App Secretly Mines User Data, LA Says

    A Weather Channel app has been covertly collecting, sharing and monetizing its users’ private information under the guise of using it to provide “personalized local weather data, alerts and forecasts,” according to a lawsuit filed Thursday by the city attorney of Los Angeles.

  • January 4, 2019

    Delta To Pay $2.3M To End Worker Background Check Suit

    Delta Air Lines Inc. has agreed to pay $2.3 million to settle a proposed class action brought on behalf of about 44,100 job applicants that claimed Delta flouted federal and California law by including extraneous information in notifications to prospective employees about background checks.

  • January 4, 2019

    5M Unencrypted Passport Numbers Stolen In Marriott Breach

    Marriott International Inc. said Friday that attackers swiped about 5.25 million passport numbers left unencrypted by its Starwood Hotels unit's guest reservation database, adding that fewer customers' personal information was stolen than originally feared in the historically huge data breach reported late last year.

  • January 3, 2019

    Health Cybersecurity Guide Could Redefine 'Reasonable'

    Voluntary health care cybersecurity standards recently unveiled by the U.S. Department of Health and Human Services are likely to unofficially set a new "reasonable security" standard that could help fuel both private litigation and more formal policymaking efforts, attorneys say.

  • January 3, 2019

    'Animal House' Rules In Play In Robocall Row, Justices Told

    Two nonprofits urged the U.S. Supreme Court to scrutinize the Federal Trade Commission's ability to pick decisions facing review in a dispute surrounding robocall regulations, likening the agency's stance on the matter to a quote from the comedy film "Animal House": "Nothing is over until we decide it is!"

Expert Analysis

  • Smart Toys Under The Tree Raise Privacy Concerns

    Scott Pink

    Connected toys and devices are sure to make kids happy this holiday season. But looking beyond the glitzy features, it's important for manufacturers, retailers and consumers to know exactly how a device will interact with, and collect data from, children, says Scott Pink of O'Melveny & Myers LLP.

  • Opinion

    State AGs Can Lead The Fight For Online Privacy Protection

    James Steyer

    The record $5 million settlement between Oath and the New York attorney general's office this month is more than just a win for children illegally targeted by advertising — it demonstrates how the government can protect our privacy and safety online, says James Steyer, a civil rights attorney and founder of Common Sense Media.

  • How FIRRMA Changed National Security Reviews In 2018

    Farhad Jalinous

    The passage of the Foreign Investment Risk Review Modernization Act in August expanded the range of transactions that the Committee on Foreign Investment in the United States is able to review for national security concerns — especially transactions related to China, say attorneys at White & Case LLP.

  • Ripe For High Court: Article III Standing In Data Breach Cases

    Ken Kronstadt

    Following Spokeo v. Robins, divergent court decisions have created uncertainty over insurance coverage for data breaches when customers' information is exposed but not misused. The matter of Zappos could provide the U.S. Supreme Court with an opportunity to resolve the split of authority, says Ken Kronstadt of Kelley Drye & Warren LLP.

  • A Series Of 1st-Time Crypto Actions For The SEC

    David Zaslowsky

    November was an especially aggressive month for the U.S. Securities and Exchange Commission in terms of cracking down on unauthorized digital activities. Three enforcement actions described as "firsts" demonstrate that the SEC will be using all of the tools in its toolkit, say attorneys with Baker McKenzie.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • How The GDPR Changed Data Privacy In 2018

    Jessica Lee

    The European Union General Data Protection Regulation became enforceable on May 25, 2018, bringing in a flurry of privacy notice updates, the shutdown of certain EU-facing websites and advertising activities, and a good amount of heartburn for companies within its territorial scope, says Jessica Lee of Loeb & Loeb LLP.

  • The Latest On Article III Standing In False Ad Class Actions

    Joshua Briones

    Earlier this year, the Ninth Circuit provided a clear rule regarding plaintiffs' standing to assert claims concerning products they did not purchase. To no one’s surprise, the decision has already been used to defeat defendants’ motions to dismiss, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    One of the rare attorneys to serve as White House counsel to two presidents, Fred Fielding of Morgan Lewis & Bockius LLP may be the quintessential Washington insider. Attorney Randy Maniloff asks him to elaborate.

  • What We Heard At The FTC Hearings: Day 14

    Barry Reingold

    The eighth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed concerns that stock holdings by institutional investors of noncontrolling interests in competing portfolio companies may have anti-competitive effects. Barry Reingold of Perkins Coie LLP offers some key takeaways.