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Cybersecurity & Privacy

  • August 30, 2018

    Ga. Voters' Suit Seeking Paper Ballot Switch Marches On

    A Georgia federal judge held that litigation seeking to force the state to replace its allegedly insecure and unreliable electronic voting system with paper ballots can move forward, disagreeing with officials’ claims that the court lacks jurisdiction over the suit lodged by a voting integrity group and several residents.

  • August 30, 2018

    3 Things You Need To Know About NY's Latest Cyber Regs

    Companies will need to destroy old data, safeguard their information reserves and retrace breaches using digital breadcrumbs as part of new rules taking effect Tuesday in New York state's first-of-its-kind cybersecurity regulation. Here, Law360 breaks down three key issues.

  • August 30, 2018

    Advocates Urge Sens. To Press Kavanaugh On Privacy Issues

    The Center for Democracy and Technology sent a letter Wednesday to Congress with a list of recommended privacy-related questions to ask Judge Brett Kavanaugh at his Supreme Court confirmation hearing, saying it believes his views would work against the American people.

  • August 30, 2018

    Job Hopefuls Can Sue Over Unshared Background Checks

    Workers denied jobs due to the results of pre-employment background checks have standing to sue under the Fair Credit Reporting Act when companies don’t give them copies even of accurate reports, the Seventh Circuit said Wednesday in a published decision reviving part of a class action against a financial services firm.

  • August 29, 2018

    Calif. Privacy Law Needs Broader Lawsuit Avenue, AG Says

    California’s attorney general has jumped into the fight over what changes should be made to a recently enacted landmark privacy law, urging state lawmakers to broaden consumers' ability to bring lawsuits and to strike requirements that he claims would result in his office providing "unlimited legal advice" to businesses. 

  • August 29, 2018

    Facebook Wants Fraud Suits Moved As Firms Angle For Lead

    A New York federal judge gave two securities class action plaintiffs permission to intervene in a pair of stock-drop suits against Facebook Inc. on Wednesday, saying the plaintiffs could seek to stay the competing cases while the social network company prepares a request to centralize the whole dispute in California.

  • August 29, 2018

    Advocacy Groups Urge Movement On Privacy Board Noms

    Dozens of advocacy organizations wrote to the leaders of the Senate Judiciary Committee on Wednesday, asking for the prompt consideration of President Donald Trump's last two nominees to the Privacy and Civil Liberties Oversight Board, saying the absences have left the agency unable to perform critical work relating to oversight of federal surveillance programs.

  • August 29, 2018

    'World Computer' Project Raises $102M In VC Funding

    Dfinity Foundation, a blockchain-based cloud computing project that aims to become the “decentralized world computer,” said Wednesday that it has raised $102 million in funding from venture capital investors led by Andreessen Horowitz and Polychain Capital.

  • August 29, 2018

    Huawei Enlists FTC To Fight US National Security Ban

    Huawei has asked the Federal Trade Commission to persuade the federal government to reverse a planned ban on the tech company's products, saying the company is being unfairly scapegoated as a national security threat when the true motivation is to reduce competition for U.S. businesses. 

  • August 28, 2018

    Universal Hits Back At Cert. Bid In 'Warcraft' Text Row

    The companies behind the promotional campaign for the Universal Pictures movie "Warcraft" on Tuesday shot back at a bid to certify a putative class action over an allegedly unlawful text message blast, telling a Florida federal judge that the plaintiffs' "overheated rhetoric" wasn't enough to overcome difficulties with identifying class members or proving they had actually been harmed.

  • August 28, 2018

    6th Circ. Won't Rethink Travelers' Cybercrime Coverage Loss

    The Sixth Circuit on Tuesday declined to review a panel’s decision that Travelers must cover more than $800,000 that a tool manufacturer lost when cybercriminals posing as a vendor used fraudulent emails to deceive the company into wiring money to a sham bank account.

  • 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.

Expert Analysis

  • 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.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • 2 Circuit Court Rulings Rock Phishing Loss Coverage Field

    J. Robert MacAneney

    Recent decisions from the Second and Sixth Circuits create a split on the issue of whether a phishing scheme is covered by the computer fraud coverage part of a crime/fidelity policy. This unwelcome uncertainty highlights the need for insurers to hone policy language to more precisely define covered risks, say attorneys at Carlton Fields Jorden Burt PA.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.