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Cybersecurity & Privacy

  • August 28, 2018

    Sessions Aide Confirmed To Lead DOJ Civil Division

    The longtime overseer of the U.S. Department of Justice’s representation of government agencies who has recently been serving as U.S. Attorney General Jeff Sessions’ chief of staff was confirmed by the U.S. Senate to lead the DOJ's Civil Division Tuesday.

  • August 28, 2018

    Wendy's Wants Negligence Claims Axed In Data Breach Suit

    Fast-food chain Wendy’s asked a Pennsylvania federal court Monday to dismiss negligence claims in a suit brought by a group of financial institutions over a 2016 payment card data breach, saying the claims fail under the Ohio law that applies to the case.

  • August 28, 2018

    Compass Bank Blasts Class Cert. Bid In TCPA Dispute

    Compass Bank urged an Alabama federal judge Monday to reject a consumer’s bid for class certification in litigation accusing the bank of flouting the Telephone Consumer Protection Act with unsolicited autodialed calls, saying extensive individualized inquiries would be necessary to determine who qualifies as a member.

  • August 28, 2018

    GOP Reps. Urge DHS To Shore Up Cyberrisk Program

    Republican House lawmakers have urged the U.S. Department of Homeland Security to create a stable line of funding for a program that tracks and monitors cyber vulnerabilities after an investigation revealed that administrators were unable to come up with long-term goals due to budget fluctuations.

  • August 28, 2018

    Rigid Rules Could Stifle Global Cyber Growth, Insurers Warn

    Global insurance watchdogs risk stifling the emerging cybersecurity industry if they pursue plans for rigid regulation in the face of fast-changing threats, a major international trade group warned on Tuesday.

  • August 27, 2018

    AT&T, Others Weigh In On FTC's Privacy Enforcement Powers

    AT&T and others have answered the call for input on how the Federal Trade Commission should police privacy and data security in the digital age, with the telecom giant pressing the commission to continue its "measured approach" to enforcement and advocacy groups countering that it needs to overhaul its tactics. 

  • August 27, 2018

    Health Care Cos. Seek FCC Clarification On TCPA

    A group of health care companies urged the Federal Communications Commission on Friday to respond to a petition that would determine how providers can contact patients over the phone and still comply with the Telephone Consumer Protection Act.

  • August 27, 2018

    Appeals Rights Dispute Nearly Derails Fraudster's Plea Deal

    Haggling over appeals rights nearly scuttled a guilty plea entered Monday in D.C. federal court by a man accused of participating in a conspiracy to dupe finance employees, scam online car buyers and launder the proceeds.

  • August 27, 2018

    Bay Area Rapid Transit Seeks Data-Collection Settlement OK

    A California federal judge on Friday was asked to preliminarily approve a settlement a San Francisco Bay Area public rail system reached to resolve putative class claims that the agency secretly collected train riders’ personal information through a mobile app promoted as a public safety measure.

  • August 27, 2018

    Carpenter Doesn't Nix Old Cell-Site Searches, 7th Circ. Says

    The Seventh Circuit has upheld a Chicago man's robbery convictions even though he was placed at the scene of the crimes with cellphone location data obtained without a warrant, saying that although the high court's Carpenter decision recently declared such searches violate the Fourth Amendment, police lawfully collected the information before the ruling.

  • August 27, 2018

    Nielsen Hit With Shareholder Suit Over EU Privacy Impacts

    An investor has claimed Nielsen Holdings PLC misled stockholders about how Europe’s privacy overhaul would affect the company’s access to Facebook Inc. data and other information for its analytics business in a proposed class action in New York federal court.

  • August 27, 2018

    HomeAway Cries Foul Over New NYC Short-Term Rental Law

    HomeAway.com Inc. hit New York City with a suit in federal court challenging a new ordinance requiring the vacation rental website to disclose private business records and hand over home-sharing hosts’ personal data, claiming the law violates the rights of the company and its users under both the U.S. and New York constitutions.

  • August 24, 2018

    Convenience Store Chain Faces Privacy Suit Over Receipts

    Three customers accused Country Fair Inc., a convenience store chain with more than 100 locations in Pennsylvania, Ohio and New York, of increasing their risk of identity theft by printing too many credit card number digits on receipts, according to a putative class action filed Thursday in Pennsylvania federal court.

  • August 24, 2018

    Fenwick Adds Davis & Gilbert IP Partner To NYC Office

    A veteran intellectual property attorney from Davis & Gilbert LLP has joined Fenwick & West LLP as a technology transactions partner, bringing with him years of expertise in the digital media and startup spaces.

  • August 24, 2018

    Navy Chooses 5 Cos. For $950M Cyber Mission Contract

    The U.S. Navy awarded five small businesses a combined $949.9 million contract for cyber mission systems, kitting and supplies and a separate $509.7 million contract for aircraft used by the Marine Corps., the U.S. Department of Defense announced Thursday.

  • August 24, 2018

    SEC To Reconsider Staff's Rejection Of 9 Bitcoin ETFs

    The U.S. Securities and Exchange Commission said its commissioners will review a recent staff decision to reject nine bitcoin-based exchange traded funds, meaning agency leaders will take a closer look at a potentially innovative but untested investment idea that worries skeptics about fraud possibilities.

  • August 24, 2018

    Fla. Hospital Can Verify Records Request In Med Mal Suit

    A Florida appeals court ruled Friday that during a pre-suit investigation under the state’s Medical Malpractice Act, a hospital can seek verification that a person requesting confidential medical records is legally authorized to do so without waiving its right to demand a pre-suit written medical opinion from a plaintiff.

  • August 24, 2018

    Data Trafficker Gets 6 Years In $31M Hacking Scheme

    A Virginia federal judge sentenced a Ukrainian national to six years in prison on Friday after he pled guilty in May to trafficking more than $31 million in stolen financial information gleaned through computer hacking.

  • August 24, 2018

    Hospitality Cases And Trends To Watch For The Rest Of 2018

    Hospitality lawyers are watching a number of significant cases and trends for the rest of 2018, with minimum wage legislation, resort fee disputes and the European Union’s General Data Protection Regulation leading the pack in current or potential hotel and restaurant litigation. Here are the cases and trends that hospitality attorneys tell Law360 they will have their eye on before the year is out.

  • August 24, 2018

    A Deluge Of Suits Over Connected Devices Could Be Coming

    Hackers are racing to infiltrate internet-connected everyday products — and the security gaps they exploit could spawn a sea of lawsuits, industry lawyers say, raising thorny questions about when manufacturers are liable.

Expert Analysis

  • Genetic Testing Cos. Must Examine Illinois Privacy Law

    Michelle Gillette

    The recent arrest of the Golden State Killer raises thorny issues of genetic privacy — and these questions will only become more difficult as the commercial genetic testing industry continues to grow. Compliance with the Illinois Genetic Information Privacy Act is critically important for companies doing business in this space, say Michelle Gillette and Josh Thomas Foust of Crowell & Moring LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • How New Credit Freeze Law May Affect Data Breach Cases

    Robert Kriss

    Congress recently enacted a law that enables consumers to freeze their credit reports to prevent identity theft at no cost, which could have significant implications for whether data breach class actions will be certified and, if they are, the amount of potential damages, say Robert Kriss and Corwin Carr of Mayer Brown LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Opinion

    TCPA: An Antiquated Law That Needs To Be Fixed

    David Carter

    After years of bearing witness to an influx of Telephone Consumer Protection Act litigation, reading nearly every TCPA opinion issued by the federal courts and talking with countless businesses, my conclusion is that the TCPA fails to reach its primary goal of protecting consumers from unwanted calls, says David Carter of Innovista Law PLLC.

  • California’s Consumer Privacy Act Vs. GDPR

    Grant Davis-Denny

    While the drafters of the California Consumer Privacy Act looked to Europe’s General Data Protection Regulation as a model, they did not parrot the GDPR’s language, adopt all of its requirements or limit themselves to the GDPR’s provisions. There are some key similarities and differences to keep in mind, says Grant Davis-Denny of Munger Tolles & Olson LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • To Ease Pain Of Breach Notification Laws, Protect Passwords

    Jason Wool

    Arizona just became the latest state to require notification for breaches of online credentials, and more jurisdictions are likely to follow. Organizations should take this opportunity to minimize the likelihood of password-related incidents that could give rise to breach notification obligations, says Jason Wool of ZwillGen PLLC.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.

  • Possible Defects In California's New Privacy Law

    Peter Pizzi

    The California Consumer Privacy Act — the first attempt of any U.S. state to endow residents with strong rights regarding the collection and use of their data — is rife with kinks to be sorted out. None looms bigger than the First Amendment infirmities, says Peter Pizzi of Walsh Pizzi O'Reilly Falanga LLP.