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Cybersecurity & Privacy

  • October 25, 2018

    Pa. Suit Claims Rite-Aid Staff Blurted Out Man's HIV Status

    Rite-Aid Corp. violated a Pennsylvania man's privacy when a staff member at one of its Pittsburgh stores publicly announced that a prescription being filled was to treat HIV, according to a lawsuit filed recently in state court.

  • October 25, 2018

    Dish Wins $90M In SetTV Set-Top Box Subscription Scheme

    A Florida federal judge on Wednesday awarded $90.1 million in damages to Dish Network LLC in a Federal Communications Act suit over a scheme by SetTV to stream unauthorized Dish content to subscribers who purchased SetTV set-top boxes.

  • October 24, 2018

    In Cambridge Analytica Bankruptcy, Responsive Party Elusive

    The director of bankrupt and scandalized political consulting firm Cambridge Analytica LLC has put the company’s U.S. bankruptcy attorneys, who are seeking to withdraw as counsel, in a difficult position after failing to respond to efforts to designate him as a responsible party for the company.

  • October 24, 2018

    Ga. Judge Pauses Electronic Voting Suit For Appeal

    The Georgia federal judge overseeing litigation challenging the state’s allegedly insecure electronic voting system granted a bid by election officials to pause the proceedings while they appeal her decision declining to toss the suit, holding that the move is warranted because of the important election integrity issues involved.

  • October 24, 2018

    Disputers Of Google Privacy Deal Cite 9th Circ. Award Ruling

    Challengers to Google's $8.5 million privacy settlement, the fairness of which the U.S. Supreme Court will consider next week, have cited a recent Ninth Circuit approval of a "cy pres" deal distributing class action awards to third parties and not consumers as reason for the high court to wade into the issue.

  • October 24, 2018

    DOD Issues $34M Expansion Of 'Hack The Pentagon' Program

    The U.S. Department of Defense said Wednesday that it has expanded its “bug bounty” program, originally intended to find cyber vulnerabilities in its networks and websites, to also include hardware, while awarding $34 million in deals to three companies to aid with the effort.

  • October 24, 2018

    ACLU Presses Gov’t On Amazon Face-Recognition Plans

    The American Civil Liberties Union on Wednesday sought records on the federal government’s efforts to obtain Amazon-developed facial recognition technology so agents can use it in immigration enforcement activities, arguing that Congress should first determine the limits of the technology’s use.

  • October 24, 2018

    Watchdogs Aim To Revive Suit Over Trump Record-Keeping

    The National Security Archive and a watchdog group told the D.C. Circuit in a bid to revive their suit that the Trump administration’s use of messaging apps that can delete conversations is “anathema” to the Presidential Records Act, which requires that all presidential records be preserved.

  • October 23, 2018

    Yahoo Email Users Seek OK For $50M Data Breach Deal

    Yahoo has agreed to pay $50 million to settle proposed consumer class claims in California federal and state courts over three data breaches that affected billions of U.S. and Israeli accounts, a deal that the consumers said would provide "by far, the largest available cash fund for data breach class members in history."

  • October 23, 2018

    Coinbase Escapes Suit Over Bitcoin Cash Release, For Now

    A California federal judge on Tuesday dismissed a proposed investor class action against Coinbase Inc. claiming the cryptocurrency exchange artificially inflated bitcoin cash prices by abruptly opening the market to trades and then closing minutes later, saying the claims lacked support but a revised suit could be filed.

  • October 23, 2018

    Customer Defends Spam Suit Against Car Cos., Broadcaster

    A customer suing a sports cable network and two automakers over unsolicited automated text ads has asked a Florida federal judge to deny their motion to delay the case indefinitely because the Federal Communications Commission is reconsidering certain technological terms that could affect its outcome. 

  • October 23, 2018

    Google Says IPhone, Android Users Agreed To Tracking

    Google has fought back against a pair of proposed class suits alleging that the tech giant secretly kept tabs on smartphone users' locations, telling a California federal court that the iPhone and Android users agreed to the tracking when they accepted Google’s privacy policy.

  • October 23, 2018

    Rental Car Co. Exposes Credit Card Info, Consumer Claims

    Sixt Rent A Car LLC failed to properly conceal consumers’ credit and debit card information from its receipts, which exposed them to a greater risk of identity theft, according to a proposed class action filed Monday in Florida federal court.

  • October 23, 2018

    Scammers May Be Trying To Game TM System, USPTO Says

    Trademark applications and registrations may have been tampered with by scammers seeking to register marks listed on third-party “brand registries,” the U.S. Patent and Trademark Office has warned.

  • October 23, 2018

    DirecTV, CenturyLink Settle Suit Over Consumer Data Breach

    A group of consumers has agreed to settle its class action suit against DirecTV and CenturyLink accusing them in Washington federal court of publicly exposing consumer billing data online.

  • October 23, 2018

    HBUS Nabs First Female African-American GC In Crypto

    HBUS Inc., the U.S. strategic partner of cryptocurrency exchange Huobi, has hired an attorney with in-house experience at Intuit, Google and Yahoo as its general counsel, making her the first African-American woman to serve in that role for a digital currency marketplace, the company announced Tuesday.

  • October 22, 2018

    Facebook, Google Hit With Suits Over Location Tracking

    Facebook and Google surreptitiously track, log and store users' private location information, even in circumstances where consumers explicitly limit or turn off this data collection capability, according to separate putative class actions lodged in California federal court.

  • October 22, 2018

    Housekeeping Co. Hit With Privacy Suit Over Fingerprinting

    A Pennsylvania-based hospital housekeeping company has been slapped with a proposed class action alleging that its fingerprint scanning method for employee timekeeping violates an Illinois state privacy law because it unlawfully collects, records and stores biometric data.

  • October 22, 2018

    SEC Halts Trading In Co. Over False Cryptocurrency Claims

    The U.S. Securities and Exchange Commission said Monday it had temporarily suspended trading in securities of a Las Vegas-based company that is alleged to have falsely claimed it was working with a commission-approved custodian for cryptocurrency trading and its stock offering.

  • October 22, 2018

    Alibaba Gets Injunction In Cryptocurrency Trademark Fight

    A New York federal judge on Monday granted Alibaba Group Holding Ltd.'s renewed attempt to block the promoters of a cryptocurrency called AlibabaCoin from using the Chinese e-commerce giant's trademarked names and symbols, ruling that newly produced evidence that at least one New Yorker had used the cryptocurrency was enough to allow the court to entertain the dispute. 

Expert Analysis

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Crypto Exchanges Could Be Next Regulatory Target

    Sarah Auchterlonie

    A recent report from the New York state attorney general's office indicates that regulators have expanded their focus beyond initial coin offering fraud and violations to the businesses behind post-ICO trading. Attorneys with Brownstein Hyatt Farber Schreck LLP offer six recommendations to virtual currency exchanges based on the report.

  • Finally, Cyber Help For Small Businesses Is On Its Way

    Evan Wolff

    As resources like the recently passed NIST Small Business Cybersecurity Act continue to develop, smaller government contractors are turning to alternative strategies to lessen the challenge that traditional cybersecurity standards can pose, say attorneys with Crowell & Moring LLP.

  • Opinion

    Time To Jump-Start Stalled Autonomous Vehicle Regulation

    Tod Northman

    While consumer advocate Ralph Nader is right to express concern over proposed driverless car legislation, his premise that lawmaking is moving too fast is wrong. The real problem is that lawmaking is not moving at all, say Tod Northman and Chris Pantoja of Tucker Ellis LLP.

  • The Ins And Outs Of ERISA Fiduciary Insurance

    Excerpt from Lexis Practice Advisor
    José Jara

    Fiduciary liability insurance is an important but often overlooked aspect of a company’s risk management plan. José Jara of CKR Law reviews how it can be used to protect fiduciaries when governing or providing services for employee benefit plans subject to the Employee Retirement Income Security Act.

  • 9th Circ. Offers Clarity On Intent Of TCPA, For Now

    Octavio Gomez

    In Marks v. Crunch San Diego, the Ninth Circuit published a well-reasoned interpretation of an automated telephonic dialing system under the Telephone Consumer Protection Act. However, it will likely create uncertainty as an upcoming Federal Communications Commission order may not be able to overcome this court’s rationale, says Octavio Gomez of Morgan & Morgan PA.

  • SEC Case Brings Rarely Used Cyber Rules Into Limelight

    Erica Williams

    The U.S. Securities and Exchange Commission's settlement this week with Voya Financial Advisors represents the first SEC action involving the Identity Theft Red Flags Rule and only its third action involving the Safeguards Rule. The case provides a critical data point in evaluating how the SEC plans to enforce these two rules going forward, say Erica Williams and Sunil Shenoi of Kirkland & Ellis LLP.

  • New Rule Expands FCC Jurisdiction Related To Foreign Media

    Brian Weimer

    The Federal Communications Commission's new rule, requiring foreign media outlets to disclose their relationships with foreign principals, signals more scrutiny on media influenced by foreign actors and gives the FCC some authority to review foreign ties, say attorneys at Sheppard Mullin Richter & Hampton LLP.

  • The Trump Admin. Approach To Data Privacy, And Next Steps

    Alan Raul

    On Tuesday, the Trump administration released an ambitious proposal to modernize consumer privacy policy. But there are questions as to how it plans to achieve these laudable goals, say Alan Raul and Christopher Fonzone of Sidley Austin LLP.