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Cybersecurity & Privacy

  • December 19, 2018

    The Biggest Telecom Policy Developments Of 2018

    During 2018, the Federal Communications Commission freed up spectrum for new technologies, cracked down on robocallers and made infrastructure deployment speedier at the local level. Here’s a recap of some of the biggest telecom policy developments from the past year.

  • December 19, 2018

    Reading Patrons' Phones No Invasion Of Privacy, Casino Says

    Gamblers at Pennsylvania casinos have no expectation of privacy, especially when state law requires establishments’ security cameras to be able to zoom in and read something as small as a playing card — or a cellphone screen, attorneys for Pittsburgh’s Rivers Casino said Tuesday in preliminary objections to an invasion-of-privacy suit.

  • December 19, 2018

    BuzzFeed Beats Back Defamation Suit Over Trump Dossier

    A Florida federal judge on Wednesday ended Russian tech executive Aleksej Gubarev's defamation suit against BuzzFeed, ruling the website's publication of a dossier alleging ties between Russia and President Donald Trump is protected by the fair reporting privilege.

  • December 19, 2018

    Senate OKs Bill To Improve Gov't IT Supply Chain Security

    The U.S. Senate passed a bipartisan bill that would require federal agencies to consider security risks within their supply chains when buying information technology products, aimed at curbing perceived risks of espionage from technology made by foreign-owned companies.

  • December 19, 2018

    Verrill Dana Adds Health Care, Privacy Expert In Boston

    New England firm Verrill Dana LLP has bolstered its Boston office by hiring health care and privacy attorney Nadine Peters, who is returning home after a stint in Washington, D.C., at a nonprofit research center, as well as Hogan Lovells and the U.S. Department of Health and Human Services.

  • December 18, 2018

    Facebook Row Fair Game For Ill. Privacy Law, 9th Circ. Told

    Several privacy groups are pushing the Ninth Circuit to uphold a ruling that certified a class of Illinois users who claim that Facebook's face-scanning practices violate the state’s biometric privacy law, arguing Monday that requiring consumers to prove actual damages rather than allowing them to rely solely on statutory violations would "gut" the robust privacy statute.

  • December 18, 2018

    T-Mobile Tie-Up Inches Closer To Finish Line With Security OK

    Sprint and T-Mobile have notched approval from U.S. national security officials to proceed with their proposed merger, clearing a hurdle that could have impeded the Federal Communications Commission's recently restarted review of the deal.

  • December 18, 2018

    BuzzFeed Can't Use Public Figure Defense In Dossier Suit

    A Florida federal judge ruled Tuesday that Russian tech executive Aleksej Gubarev is not a public figure for the purposes of his defamation suit against BuzzFeed over the website's publication of a dossier alleging ties between Russia and President Donald Trump.

  • December 18, 2018

    Twitter Apologizes For Security Flaw That Exposed User Data

    Twitter Inc. has apologized for a November security issue that exposed user data, including the country codes of phone numbers and account statuses, to actors who may be connected to the Chinese and Saudi Arabian governments.

  • December 18, 2018

    DC Circ. Won't Revive FOIA Suit Over Trump Tax Returns

    The Internal Revenue Service has no duty to release President Donald Trump’s tax returns under the Freedom of Information Act, the D.C. Circuit ruled Tuesday, dismissing a suit by privacy group Electronic Privacy Information Center against the IRS.

  • December 18, 2018

    Attys Want $2.7M Fee In TurboTax Refund Fraud Deal

    Attorneys who successfully represented class members affected by fraudsters filing 915,000 fake tax returns through TurboTax asked a federal court in California on Tuesday for $2.7 million in fees.

  • December 18, 2018

    Harvard Prof Wants Boston Pentagon Paper Records Released

    A Harvard University professor on Monday asked a federal judge to authorize the release of records from two Boston grand jury investigations into the leaks of the Pentagon Papers in 1971, saying they would fill an important historical gap and contribute to conversations about national security and freedom of the press.

  • December 18, 2018

    Flynn Sentencing Put Off So He Can Help Mueller's Probe

    A D.C. federal judge Tuesday postponed the sentencing of Michael Flynn until 2019, saying that President Donald Trump's former national security adviser may still need to cooperate in ongoing investigations by Special Counsel Robert Mueller's office.

  • December 18, 2018

    The Moments That Mattered Most For Legal Ethics In 2018

    Anyone who thinks that legal ethics is a sleepy area of the law didn't live through 2018. The year saw major decisions about conflict waivers and defunct firm clawbacks, among other meaty topics, and enough head-shaking news springing from the special counsel probe into the presidential election to make one dizzy. Here, Law360 highlights some of the biggest ethics and professional conduct stories of 2018.

  • December 18, 2018

    Cooley Adds Financial Regulation Atty To Boston Office

    A former partner at White & Case LLP with experience representing financial institutions and helping them navigate regulatory hurdles has joined Cooley LLP’s financial services regulatory practice as a partner in its Boston office.

  • December 18, 2018

    The Year #MeToo Rocked In-House Law Departments

    General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.

  • December 17, 2018

    Facebook Data Suit Paused To Allow Chancery Records Trial

    A derivative suit targeting Facebook CEO and Chairman Mark Zuckerberg and other leaders of the social media empire for allowing user data breaches related to the Cambridge Analytica scandal will be paused after a Delaware Chancery Court judge said Monday that a books and record suit should be completed first to help prepare the best possible breach of fiduciary duty complaint.

  • December 17, 2018

    Quest Can't Ditch TCPA Suit Over Debt Collection Call

    A New Jersey federal judge on Monday refused to toss a proposed class action accusing Quest Diagnostics of unlawfully making unsolicited phone calls to collect debts, ruling that the plaintiff had sufficiently alleged that the equipment used to place the offending call qualified as an "autodialer" under the Telephone Consumer Protection Act.

  • December 17, 2018

    Czech, German Cyber Agencies Split On Chinese Threat

    Days after the head of Germany’s cybersecurity authority said there was no evidence of Huawei surveilling customers, the Czech Republic spoke out against the company and fellow Chinese telecommunications equipment giant ZTE, warning Monday that their devices present a “security threat.”

  • December 17, 2018

    Facebook Says Cambridge Analytica Episode Is Old News

    Facebook Inc. has urged a California federal court to dismiss investors’ claims that the value of their stock declined following reports that it hadn’t ensured Cambridge Analytica deleted user data it harvested, saying the public had known about the data harvesting for years.

Expert Analysis

  • The Issues Framing NIST's Privacy Framework

    Charlie Wood

    The National Institute of Standards and Technology has stressed that the onus is on commenters to dictate the direction of its Privacy Framework. While this approach may encourage participation, it risks overlooking critical questions, say attorneys with Perkins Coie LLP.

  • Crypto Addresses As OFAC Identifiers

    Maxwell T.S. Thompson

    Last week, the Office of Foreign Assets Control took the significant step of adding two digital currency addresses to its list of identifiers for certain individuals related to an Iranian hacking enterprise. This should immediately alert entities that transact in digital assets, says Maxwell T.S. Thompson of Murphy & McGonigle PC.

  • Pa. Cos. Face Greater Risks Related To Workers' Personal Info

    Carol Steinour Young

    In Dittman v. UPMC, the Pennsylvania Supreme Court recently held that employers storing employee information on internet-accessible computer systems have a common law duty to protect that data from any foreseeable risk of harm, exposing companies in the state to increased liability, say Carol Steinour Young and Sarah Dotzel of McNees Wallace & Nurick LLC.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.

  • A Closer Look At Calif. Privacy Law's Private Right Of Action

    Daniel Rockey

    Although labeled a “limited” private right of action by the bill’s sponsors, the California Consumer Privacy Act's private enforcement mechanism is almost certain to lead to a wave of new lawsuits unless the Legislature clarifies some ambiguities, says Daniel Rockey of Bryan Cave Leighton Paisner LLP.

  • Opinion

    Spearfishing Can Be Stopped Once You Remove The Bait

    Daniel Garrie

    A recent report from the U.S. Securities and Exchange Commission demonstrates that spearfishing email scams are rampant today, and that the current defenses are falling short. We have found one solution to be effective — remove the reply feature on employee email, say Daniel Garrie and Yoav Griver of Zeichner Ellman & Krause LLP.

  • What We Heard At The FTC Hearings: Days 12 And 13

    Janis Kestenbaum

    The seventh hearing in the Federal Trade Commission’s series on competition in the 21st century addressed artificial intelligence and algorithmic decision-making. Attorneys with Perkins Coie LLP offer some key takeaways.

  • Why English Courts Are Prepared To Assist Cyber Victims

    Fiona Cain

    This year, a number of cases have illustrated how English courts are dealing with legal hurdles for cybercrime victims and making it easier to obtain a freezing order or injunction under such circumstances, says Fiona Cain of Haynes and Boone LLP.