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Cybersecurity & Privacy

  • August 7, 2018

    Rising Star: Gibson Dunn's Timothy Loose

    Gibson Dunn & Crutcher LLP partner Timothy Loose has helped several companies beat class action claims filed over alleged violations of the Telephone Consumer Protection Act, including a unsolicited text suit against Yahoo that carried legal exposure of nearly $500 million, earning him a spot among the five cybersecurity and privacy law attorneys under age 40 honored by Law360 as Rising Stars.

  • August 7, 2018

    Law Firms Lead Way In Email Spoofing Defense, Report Says

    A new study released Tuesday says law firms are leading the way among private industries when it comes to implementing a form of email security that guards against a popular tactic used in phishing attacks to disguise the origin of a message.

  • August 6, 2018

    Comment System Take-Down Not Cyberattack, FCC Confirms

    A drastic spike in public comments brought down the FCC’s online system last summer following a segment about net neutrality on the HBO program “Last Week Tonight,” the Federal Communications Commission’s inspector general has concluded in a report, changing the agency’s original narrative that it had been the target of a cyberattack.

  • August 6, 2018

    ZwillGen Nabs Oath Atty To Aid Cos. With Gov't Data Demands

    ZwillGen has picked up an attorney with more than a decade of experience handling law enforcement and security matters both in the government and in-house at Oath and its predecessor Yahoo to help lead ZG Subpoena Solutions, which assists companies in navigating third-party requests for their data. 

  • August 6, 2018

    Disney, Viacom Push To Dismiss Kid Data Scrape Suit

    Disney, Viacom and other companies asked a California federal court to toss proposed class actions accusing them of surreptitiously gathering kids’ personal information while they play mobile games and selling it to advertisers, saying the parents leading the suits haven’t shown any data was improperly collected or used.

  • August 6, 2018

    Bernstein Litowitz, Robbins Geller Tapped In Facebook Suit

    A California federal judge appointed Bernstein Litowitz Berger & Grossmann LLP and Robbins Geller Rudman & Dowd LLP as co-lead counsel in consolidated class action litigation against Facebook Inc. after its stock dropped following disclosure of its ties to the now-bankrupt political consulting firm Cambridge Analytica.

  • August 6, 2018

    Traffic Camera Co. Wants To Put Brakes On Ticket Fee Suit

    American Traffic Solutions Inc. urged a Florida federal court to toss a putative class action over convenience fees the company charged motorists who used credit cards to pay red-light tickets it processed for North Miami Beach, arguing the suit fails to state a viable claim.

  • August 6, 2018

    DOD Bans Geolocation Devices For Deployed Troops

    The U.S. Department of Defense will ban the use of all geolocation apps and devices for DOD personnel in operational areas, such as fitness trackers, amid concerns about security risks for both personnel and operations, it announced Monday.

  • 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.

Expert Analysis

  • 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.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.