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Cybersecurity & Privacy

  • July 3, 2018

    Judge Considers Bad Faith In Census Citizenship Query Row

    A Manhattan federal judge indicated Tuesday that he is unlikely to dismiss a challenge to the Trump administration's addition of a question about citizenship status to the 2020 census, and added he sees reason to suspect bad faith on the part of a Cabinet member who has given shifting explanations for the origin of the controversial policy.

  • July 3, 2018

    Equifax Engineer Admits Insider Trading With Data Breach Info

    A former software development manager at Equifax Inc. charged with insider trading last week has settled a parallel civil suit by the U.S. Securities Exchange Commission, agreeing to forfeit more than $75,000 in ill-gotten gains, according to a civil consent agreement filed Monday in Georgia federal court..

  • July 3, 2018

    UK Sets Plans To Test City Firms' Cyberattack Defenses

    The Bank of England revealed plans on Tuesday to test how long it takes financial services firms to restore vital services after a cyberattack or event, in the wake of recent high-profile systems failures in the sector.

  • July 2, 2018

    The Sharpest Dissents From The Supreme Court Term

    In its first complete term back at full strength since the death of Justice Antonin Scalia, the top U.S. court took on several cases that revealed deep divisions among its members. Here are the most stinging dissents.

  • July 2, 2018

    High Court Nomination Watch: 7th Circ.'s Amy Coney Barrett

    Amy Coney Barrett has been sitting on the Seventh Circuit bench for only eight months, but she is rumored to be on President Donald Trump’s shortlist for potential picks to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 2, 2018

    Narrow Rulings Reveal Wide Gulfs Between Justices

    With the Supreme Court largely punting on deciding the issues at the center of some of its biggest cases this term, the justices turned to concurrences to fight for the future of the law.

  • July 2, 2018

    4 High Court Lineups That Might Surprise You

    While the justices tend to join most often with colleagues whose philosophy they share, even politically charged cases can create groupings that defy easy categorization. Here are a few from the latest term.

  • July 2, 2018

    Ch. 11 Plan Dooms Jumio Investor Action, Del. Judge Says

    A Delaware bankruptcy judge on Monday shut down an adversary complaint brought by an investor accusing several insiders of identity-verification startup Jumio of failing to take action to save the company from bankruptcy, finding the investor’s claims are blocked by a confirmed Chapter 11 plan.

  • July 2, 2018

    The Funniest Moments Of The Supreme Court Term

    From a raucous house party to the often-disappointing taste of wedding cake, the justices found plenty to laugh about in the latest term. Here are the top moments of legal levity.

  • July 2, 2018

    Cell Data Privacy Ruling May Spawn Suit Avalanche, Attys Say

    The Supreme Court’s recent decision limiting law enforcement’s ability to subpoena cellphone location data is likely to spark a flurry of litigation, as a once-bright line rule regarding privacy rights for personal information held by third parties has been significantly blurred, the American Civil Liberties Union attorney who argued the case before the high court said in Washington, D.C., Monday.

  • July 2, 2018

    Consumer Accusing Marketing Co. Of Deception Seeks Cert.

    A consumer who accuses online rewards company Webloyalty of enrolling him and others in its paid membership program without their consent asked a California federal judge Friday to certify several proposed classes, saying a class action is the best way to resolve claims in the long-running case.

  • July 2, 2018

    Man's TCPA Suit Lacks Key Auto-Dialer Claim, GrubHub Says

    GrubHub Inc. asked an Illinois federal judge to toss a man’s lawsuit accusing it of sending unauthorized and unwanted text messages, saying his complaint is missing a key allegation that would qualify it as a Telephone Consumer Protection Act suit in the first place.

  • July 2, 2018

    Trump Plows Ahead With Supreme Court Selection Process

    President Donald Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.

  • July 2, 2018

    Chinese E-Commerce Co. Leads 6 IPO Filings Totaling $1.6B

    Chinese e-commerce company Walnut Street Group Holding Limited filed a $1 billion initial public offering, leading six operating companies that submitted IPOs preliminarily estimated to raise $1.6 billion, indicating that the IPO market is likely to stay active through July.

  • July 2, 2018

    2nd Circ. Upholds Italian's Conviction Tied To 'Click Fraud'

    The Second Circuit felled an Italian citizen’s appeal on Monday claiming a provision of the Computer Fraud and Abuse Act is unconstitutionally vague, leaving in place his conviction for misdemeanor hacking that stemmed from an alleged global "click fraud" scheme.

  • July 2, 2018

    Covington, Microsoft Attys Say AI Trust Key To Use In Law

    A Covington & Burling LLP partner and a Microsoft in-house attorney speaking at a conference about artificial intelligence warned Friday that as the technology is applied to legal problems, AI systems have faced questions about baked-in biases and a lack of transparency as to how they reach decisions.

  • July 2, 2018

    CDK Aims To Bar Authenticom's Data Raid In Car Dealer MDL

    Software provider CDK Global LLC countersued independent data integrator Authenticom for cyberpiracy and trade secrets theft Saturday, rebuking consolidated multidistrict litigation kicked off by Authenticom alleging CDK monopolized access to car sales and service data in software licensed to auto dealerships.

  • July 2, 2018

    Dem Rep. Blasts FCC For Punting Cambridge Analytica Probe

    Rep. Debbie Dingell, D-Mich., continued to push the Federal Communications Commission to probe since-shuttered political consulting firm Cambridge Analytica and investigate if it wrongly bought TV viewing habit information, excoriating the FCC for punting the matter to the Federal Trade Commission, which she also pushed to carry out an investigation.

  • July 2, 2018

    BofA Wants Firm’s Fraudulent Fund Transfer Claims Tossed

    Bank of America has urged a Pennsylvania federal court judge to toss a law firm’s suit accusing it of breach of contract for failing to halt a $580,000 wire transfer the firm made thanks to a phishing scheme, saying the bank had no obligation to cancel the transfer.

  • July 2, 2018

    Horizon, Consumers Fight Over Discovery In Data Breach Suit

    Consumers have told a New Jersey federal court that Horizon Healthcare Services Inc. has refused to comply with discovery orders in a putative consolidated class action over a data breach involving information on roughly 839,000 consumers that was stored on stolen laptops, with the insurer responding its adversaries are seeking unnecessary materials.

Expert Analysis

  • Unique Considerations In Cryptocurrency Estate Planning

    Michael Kearney

    Security features unique to cryptocurrency put investors at risk of losing such assets upon incapacity or death. Understanding these features and crafting a plan that addresses certain important factors will help assure digital assets are effectively passed on to heirs and beneficiaries, say Michael Kearney and Joseph Doll at Cole Schotz PC.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Revamping Contracts For GDPR: You're Just Getting Started

    Zachary Foreman

    With the May 25 deadline come and gone for the EU General Data Protection Regulation, you may find yourself tempted to breathe a sigh of relief. A job well done, right? But GDPR compliance means exercising constant vigilance, says Zachary Foreman of Axiom Law.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • Digital Toy Data Breach Highlights Cybersecurity Concerns

    Erin Bosman

    In April, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. But the breach also triggered a Federal Trade Commission enforcement action, resulting in a $650,000 settlement. Both developments illustrate the increasing exposure that the internet of things brings for consumer product manufacturers, say attorneys with Morrison & Foerster LLP.

  • A Better Method For Achieving Broader Class Action Reform

    Kahn Scolnick

    In recent months, the U.S. Department of Justice and many state attorneys general have addressed class action reform by objecting to proposed class action settlements. While we are sympathetic to concerns about class litigation abuse, what's needed is careful oversight at the earliest stages of litigation, say Kahn Scolnick and Bradley Hamburger of Gibson Dunn & Crutcher LLP.

  • Companies Will Feel The Weight Of Team Telecom Oversight

    Megan Brown

    For years, a little-known group of federal agencies collectively known as "Team Telecom" has gone quietly about its oversight functions of risk assessment, mitigation and oversight. But as multiple parts of the government grapple with supply chain security, including concerns about Chinese-made communications equipment, companies should anticipate enhanced scrutiny and greater compliance obligations, say attorneys with Wiley Rein LLP.

  • 'Injury In Fact' Standing After Cambridge Analytica

    Michael Ruttinger

    If personally identifiable information has value — the lesson of the Cambridge Analytica scandal — courts may find themselves revisiting the long-marginalized theory that the lost opportunity to profit from your own private data is itself sufficient to show you have been injured, says Michael Ruttinger of Tucker Ellis LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.