Cybersecurity & Privacy

  • November 20, 2017

    J&J Says Applicant Must Arbitrate Background Check Claims

    A Johnson & Johnson subsidiary urged a Pennsylvania federal judge Monday to order that a would-be employee must arbitrate claims that he unfairly lost his job offer due to a background check, noting she has already ordered the man to arbitrate his closely intertwined allegations against the staffing company that facilitated the hiring process.

  • November 20, 2017

    Wendy's Customers Defend Standing In Data Breach Suit

    Customers suing Wendy's over a data breach urged a Florida federal judge on Friday to allow their putative class action to move forward, saying the fast-food chain has twisted their deposition testimony in its latest arguments that they have not presented sufficient evidence of actual injuries.

  • November 20, 2017

    Hung Jury, Partial Verdict In Finjan-Blue Coat IP Rematch

    A California federal jury Monday found that Blue Coat infringed two of Finjan’s online security patents, but cleared the Symantec unit on two other patents and hung on two more, awarding $490,000, far less than the $39.5 million Finjan received in prior litigation.

  • November 20, 2017

    New Group To Tackle Hacking Risks In Int'l Arbitration

    The International Council for Commercial Arbitration, the New York City Bar Association and the International Institute for Conflict Prevention & Resolution have formed a new group dedicated to tackling cybersecurity risks that can arise in international arbitration, the ICCA announced Monday.

  • November 20, 2017

    GSA Awards 61 Companies Slots On $50B Alliant IT Contract

    The U.S. General Services Administration has awarded 61 companies a place on the latest iteration of its Alliant multiaward information technology services contract, a massive deal worth up to $50 billion, it announced Monday.

  • November 20, 2017

    Avis Reaches $2.7M Deal In FCRA Background Check Suit

    Car rental company Avis has agreed to pay about $2.7 million to resolve Fair Credit Reporting Act claims that it improperly acquired and used background checks to reject job applications, according to documents filed in New Jersey federal court on Friday.

  • November 17, 2017

    Abortion Foes Tell 9th Circ. Free Speech Trumps Tape Suit

    Planned Parenthood failed to properly fight off a free speech challenge to its suit over secretly recorded videos purporting to show the improper sale of fetal tissue, anti-abortion activists told a Ninth Circuit panel Friday, saying a lower court erred in finding in favor of the health care provider.

  • November 17, 2017

    Groups, Tech Experts Knock Automated Vetting Initiative

    A slew of tech experts and civil rights groups are raising the alarm over the Trump administration's proposed “extreme vetting initiative” for immigrants, sending letters to the Department of Homeland Security on Thursday arguing the program would likely be discriminatory.

  • November 17, 2017

    Facebook Sheds User Tracking MDL For Third And Final Time

    A California federal judge on Friday tossed for the third and final time sprawling multidistrict litigation accusing Facebook of unlawfully tracking users' browsing activity after they signed off, ruling that plaintiffs had failed to identify an actual contract that prohibited the social media site's behavior. 

  • November 17, 2017

    Ex-Bank Exec Gets 6.5 Years For Loan Fraud, ID Theft

    A former executive at Virginia Commerce Bank and Fulton Bank who admitted to forging signatures and stealing identities to get millions of dollars in loans and other financing approved has been ordered to serve 6 1/2 years in prison, the U.S. Attorney’s Office for the Eastern District of Virginia said Friday.

  • November 17, 2017

    Cybersecurity Veteran Joins Crowell & Moring's SF Office

    Crowell & Moring LLP has picked up Orrick Herrington & Sutcliffe LLP’s leading cybersecurity and data privacy attorney, who has experience representing major tech companies including Facebook and Microsoft, to serve as a partner in its San Francisco office.

  • November 17, 2017

    Dems Ask Trump DHS Pick To Address Immigration Concerns

    Senate Minority Whip Dick Durbin, D-Ill., ranking member of the immigration subcommittee, and 19 other Senate Democrats sent a letter Thursday to Secretary of Homeland Security nominee Kirstjen Nielsen asking if she’d advocate for legislation that protects young immigrants living in the country illegally from deportation.

  • November 17, 2017

    Insurer Doesn't Owe Defense Of Data Breach Suit, Judge Says

    The Hanover Insurance Co. doesn't have to defend Innovak International Inc. in a proposed class action claiming the information technology company failed to prevent a 2016 data breach that compromised users' personal information, a Florida federal judge ruled Friday, saying coverage doesn't exist because the data wasn't allegedly published by Innovak.

  • November 17, 2017

    House Committee Presses Equifax For More Breach Details

    House Energy and Commerce Committee leaders on Friday dialed up the heat on Equifax over a massive data breach that compromised 145.5 million Americans' personal and financial records, demanding more answers to questions related to the software vulnerability that was exploited, the credit bureau's response to the incident and a potential second compromise in mid-October.

  • November 17, 2017

    House Dems Want Trump To Reverse DOD Afghan Secrecy Policy

    A pair of senior House Democrats urged President Donald Trump Friday to reverse a U.S. Department of Defense policy to classify previously public information on the performance and strength of Afghanistan’s armed forces, saying it will harm the ability of Congress to properly oversee U.S. operations in Afghanistan.

  • November 17, 2017

    Avis Customers Score Cert. In E-Toll Hidden Fee Dispute

    A New Jersey federal judge granted class certification Thursday in litigation alleging that Avis secretly charged car renters for an electronic toll-payment service, noting that the requirements were clearly met by the class of nearly 18 million people united by common questions surrounding whether the fees were properly disclosed.

  • November 17, 2017

    Google Seeks Final Ruling Protecting Search Results

    Google urged a California federal judge Friday to permanently stop enforcement of an order from Canada’s highest court that would compel the tech titan to scrub worldwide searches of results from a company accused of selling products containing stolen trade secrets.

  • November 17, 2017

    City Firms Warned Of Supply Chain Cyber Dangers

    The Financial Conduct Authority warned banks and insurance firms on Friday that they will still face regulatory punishment for cybersecurity failures in their supply chain and that outsourcing compliance is not a credible defense.

  • November 16, 2017

    Forever 21 Says Unencrypted Payment Card Data Breached

    Forever 21 customers who swiped their payment cards between March and October at certain retail locations that weren’t using encryption and tokenization methods that the company rolled out two years ago may have had their personal information compromised in a recently discovered data breach, the apparel retailer said Tuesday.

  • November 16, 2017

    You've Been Warned, SEC Head Says Of Cryptocoin Offerings

    Federal regulators have so-called initial coin offerings — cryptocurrency fundraising methods that have ballooned in popularity — squarely in their sights, the head of the U.S. Securities and Exchange Commission said Thursday.

Expert Analysis

  • When And How Cos. Should Address Cyber Legal Compliance

    Alan Raul

    Companies commonly conduct technical audits of their defensive cyber posture, but it is not until a cyber incident occurs that they assess whether — from a legal standpoint — they are well situated to defend themselves in enforcement proceedings or litigation should a breach occur. That is too late, say Alan Raul and Kate Heinzelman of Sidley Austin LLP.

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • CPA Cybersecurity Framework May Be Vital Tool

    Christian Leitner

    While the cybersecurity attestation framework from the American Institute of Certified Public Accountants is still in its adoption phase, it likely will open new ways for law firms across the U.S. to deal with cybersecurity questions, says Christian Leitner of OUM & Co. LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • 5 Questions GCs Should Ask On Securing Internet Of Things

    Rebecca Eisner

    Connected devices are creating new markets and new efficiencies for global businesses. But the internet of things also raises a wide range of cybersecurity and data privacy considerations for general counsel and their legal teams, say attorneys with Mayer Brown LLP.