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Cybersecurity & Privacy

  • May 11, 2018

    Carriers Let Securus Have Customer Location Data, FCC Told

    Sen. Ron Wyden, D-Ore., has asked FCC Chairman Ajit Pai to investigate “abusive and potentially unlawful practices” of major wireless carriers that he said sell customer location data to at least one company that lets law enforcement agencies access it through a web portal, his office announced Friday.

  • May 11, 2018

    SEC Faces Calls To Push Back Harder On Audit Trail Delays

    Eight years have passed since the May 6, 2010, flash crash and calls are growing for the U.S. Securities and Exchange Commission to forcefully address delays to a powerful, long-awaited market surveillance tool called the consolidated audit trail designed to prevent a repeat.

  • May 11, 2018

    7th Circ. Won't Review Barnes & Noble Hacking Suit Revival

    The Seventh Circuit refused Barnes & Noble Inc.'s bid for an en banc review of its decision to revive a putative class action by customers who argue the bookstore retailer failed to adequately secure their data in a 2012 security breach.

  • May 11, 2018

    5 Common Myths About EU's New Data Protection Regime

    The sweeping General Data Protection Regulation set to take effect in the European Union in just two weeks promises to revolutionize how companies around the globe handle personal data while imposing stiff penalties on those that don't comply. But attorneys say that although companies have had two years to get up to speed, several troubling myths still persist.

  • May 11, 2018

    Texas Law Firm's Privacy Invasion Win Against Atty Reversed

    A Texas appellate court has held that state law doesn't recognize that corporations have a right to privacy, and reversed a jury's verdict in favor of a Houston law firm that argued an attorney invaded its privacy by using the firm name without permission.

  • May 11, 2018

    Health Hires: Katten, Seyfarth, Holland, Dechert, K&L Gates

    Katten Muchin Rosenman LLP, Garfunkel Wild PC, Seyfarth Shaw LLP, Holland & Knight LLP, Dechert LLP, K&L Gates LLP and Polsinelli PC are among the latest firms to have grown their health and life sciences abilities.

  • May 11, 2018

    'Hack Your State Department' Bill Clears House Panel

    The House Foreign Affairs Committee has approved a bipartisan bill that aims to strengthen cybersecurity efforts at the U.S. State Department by getting hackers to point out vulnerabilities in the department’s public networks and data systems.

  • May 10, 2018

    Gov't Can't Toss Suit Over Phone Searches At Border

    The government can't shake a suit over U.S. border patrol agents searching travelers' electronic devices without a warrant after a Massachusetts federal court ruled the travelers challenging the policy have plausible claims that their rights to privacy and free speech were curtailed.

  • May 10, 2018

    Insurer Need Not Cover $11M Lost After Hack, 11th Circ. Says

    The Eleventh Circuit on Thursday found that a Great American Insurance Co. policy against computer fraud does not cover $11.4 million in fraudulent debit card redemptions, finding that while computer fraud occurred, the policyholder's loss was too many steps removed from the fraud for coverage.

  • May 10, 2018

    Consumer Shifts Robocall Suit From AT&T To Its Units, Vendor

    A consumer pursuing a proposed class action accusing AT&T of making illegal robocalls filed an amended complaint Thursday in Illinois federal court, shifting the suit to the telecom giant’s subsidiaries and a third-party vendor.

  • May 10, 2018

    Ex-Drivers' 3rd Try In Uber Data Hack Suit Dispatched

    A California federal judge on Thursday tossed for good a proposed class action alleging Uber lied about a 2014 data breach that compromised drivers’ personal information, saying that after three attempts, the plaintiffs still couldn’t show any immediate, credible risk of fraud or identity theft from the hack.

  • May 10, 2018

    Facebook Says Illinois Privacy Row Belongs In Federal Court

    Facebook Inc. has ripped into an effort by an Illinois county attorney to send a suit over the Cambridge Analytica privacy breach back to state court, arguing that the local official doesn't represent the entire state and is being financed by private attorneys who stand to reap a financial windfall.

  • May 10, 2018

    Quicken Loans Hit With TCPA Suit Over Spam Calls

    Quicken Loans Inc. was hit Thursday with a putative class action claiming the mortgage lending company violated the Telephone Consumer Protection Act by sending unsolicited telemarketing calls to numbers that are on the Do Not Call Registry.

  • May 10, 2018

    FCC Refuses To Reduce $120M Robocalling Fine

    The Federal Communications Commission on Thursday cemented a $120 million spoofing fine against a Miami man, voting to ink the previously proposed penalty after finding that Adrian Abramovich's robocalling activity and former Telephone Consumer Protection Act violations were enough to merit the full amount.

  • May 10, 2018

    Calif. Jury Says Emerson Owes BladeRoom $30M For IP Theft

    A California federal jury held Thursday that American manufacturing giant Emerson Electric Co. owes U.K.-based BladeRoom Group Ltd. $30 million for stealing trade secrets to build a massive Facebook data center.

  • May 10, 2018

    Yahoo Gets Green Light On $80M Investor Data Breach Deal

    A California federal judge signed off Wednesday on Yahoo Inc.’s $80 million shareholder settlement over massive data breaches, partially tweaking how class members will be notified of the deal but finding it now adequately addressed the concerns she raised last week.

  • May 10, 2018

    As GDPR Looms, UK Biz Get Guidance On Consent Rules

    The U.K.’s privacy regulator has issued its final guidance to businesses that will need to gain consent to process personal data under the European Union’s General Data Protection Regulation, a sweeping new data regime that comes into force in just two weeks.

  • May 10, 2018

    Insurer Beazley Snags Privacy Expert As Tough GDPR Looms

    Beazley PLC announced on Thursday that it has appointed a privacy and cyber-insurance lawyer from DAC Beachcroft LLP as the global insurer prepares for rigorous new data protection rules that take effect later this month.

  • May 9, 2018

    Emerson Called A Sheep-Clothed Wolf As IP Theft Trial Wraps

    BladeRoom Group called Emerson Electric a “wolf in sheep’s clothing” that faked interest in acquiring the British company to steal its inventions and land a $200 million Facebook data center contract, while Emerson fired back during closing arguments Wednesday that its building didn’t resemble BladeRoom’s proposal.

  • May 9, 2018

    Feds Say Sentence Sought For Russia-Hired Hacker Fits Norm

    The federal government told a California federal court Tuesday that slapping a Canadian “hacker-for-hire” with a nearly eight-year prison sentence for breaking into thousands of email accounts is consistent with punishments imposed on individuals found guilty of similar crimes, seeking to soothe the judge’s concerns that the punishment is too severe.

Expert Analysis

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • UK Facebook Investigation Offers Early GDPR Lessons

    Glory Francke

    It is a safe bet that recent actions against Facebook by European data protection authorities foreshadow compliance priorities under the General Data Protection Regulation, which takes effect in just a few weeks, says Glory Francke, a member of T-Mobile’s legal privacy team.

  • CLOUD Act: Start Or End For Cross-Border Data Exchanges?

    Saad Gul

    The recently enacted Clarifying Lawful Overseas Use of Data, or CLOUD, Act was broadly supported by the technology industry, but the full implications will take time to become evident. However, some concerns are likely to manifest themselves early, say Saad Gul and Mike Slipsky of Poyner Spruill LLP.

  • Congressional Forecast: April

    Layth Elhassani

    As Congress returns to Washington for a three-week work period, President Donald Trump continues announcing new policy and personnel decisions. But with midterms looming, Congress is unlikely to make progress on legislation requiring compromise and bipartisanship, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Combating Employee Phishing Scams During Tax Season

    Matt Todd

    Tax season can be daunting and downright frightening without the added fear of tax scams that seek to siphon money from you and your employees. This year, the IRS and FBI are warning employers about a new surge in Form W-2 phishing scams, urging all employers not only to educate their payroll personnel but also to develop incident response plan and reporting protocols, say Matt Todd and Teri Nguyen of Polsinelli PC.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • 9th Circ.'s Expansive Standard For Standing In Breach Case

    Nathanial Wood

    Companies should take notice of the Ninth Circuit’s decision to use Zappos’ breach notification as an admission that the breach would potentially lead to consumer harm, say Nathanial Wood and Brandon Ge of Crowell & Moring LLP.