Cybersecurity & Privacy

  • November 16, 2017

    Class Deal OK'd After 9th Circ. Ruling Saves TCPA Suit

    A California federal judge on Thursday preliminarily approved a deal settling putative class claims for 8,313 car dealership customers accusing the business and its marketer of violating the Telephone Consumer Protection Act, an agreement reached after the case was revived based on a recent Ninth Circuit ruling.

  • November 16, 2017

    Ill. Parking Ticket Suit Has Expired, 7th Circ. Rules

    The Seventh Circuit agreed Thursday with a lower court's decision that the claims of class members are no longer tolled once a suit is dismissed with prejudice, confirming that an Illinois motorist's proposed privacy class action claims against a Chicago suburb were time-barred. 

  • November 16, 2017

    Armstrong Teasdale Sanctions Lifted In Fiat Hack Case

    Armstrong Teasdale attorneys for a proposed class of Jeep owners suing Fiat Chrysler over hacking concerns on Wednesday escaped sanctions that had been imposed on them for revealing confidential information, when the Illinois federal judge overseeing the suit found a magistrate judge lacked authority to level the penalties.

  • November 16, 2017

    Kaspersky Says NSA Info Upload Was Legit Security Check

    AO Kaspersky Lab in a Thursday report fleshed out its recent admission that it had uploaded purportedly classified information and hacking software from a National Security Agency worker’s personal computer, continuing to argue that the upload was inadvertent and happened because the computer appeared to be compromised by “malware."

  • November 16, 2017

    'Lawful Hacking' Hurts Smaller Cities, Manhattan DA Says

    Law enforcement's increased reliance on third-party hacking to get into encrypted smartphones gives wealthy cities an unfair edge in solving crimes, Manhattan District Attorney Cy Vance warned Thursday.

  • November 16, 2017

    Class Attys In Uber Text Message Spat Seek $6.4M In Fees

    The attorneys representing a group of individuals who allegedly received unwanted text messages from Uber asked an Illinois federal court Wednesday for $6.35 million in fees after securing a $20 million settlement, saying the deal is an exceptional result that wouldn’t have happened without their efforts.

  • November 15, 2017

    IPhone Glitch Violates Wiretap Act, 9th Circ. Is Told

    A proposed class of ex-iPhone owners asked the Ninth Circuit on Wednesday to revive their suit against Apple alleging that they never received some text messages because a glitch sent the messages to the iMessage server in violation of the Wiretap Act.

  • November 15, 2017

    Senate Bill Would Set Federal Data Security, Reporting Rules

    Senate Democrats on Tuesday floated legislation that would subject businesses to civil penalties for failing to report data breaches "as expediently as possible" and for neglecting to implement baseline data security standards to protect customers' financial account information and other sensitive records.

  • November 15, 2017

    SEC’s Clayton Tightens Leash On Further Audit Trail Delays

    The chairman of the U.S. Securities and Exchange Commission this week showed he’s not afraid of crossing powerful interests on Wall Street when he denied a last-minute plea by the nation’s stock exchange operators to yet again delay the launch of the consolidated audit trail.

  • November 15, 2017

    BofA, Debt Collector Hit With TCPA Suit Over Robocalls

    Bank of America and a debt collector it uses have been hit with a putative class action in Illinois federal court claiming they violated the Telephone Consumer Protection Act by continuing to place autodialed, prerecorded calls to consumers' cellphones after the customers had asked them to stop.

  • November 15, 2017

    White House Releases Rules On Disclosing Security Flaws

    The Trump Administration revealed details Wednesday on its secretive process for deciding whether to disclose or keep to itself cybersecurity flaws discovered by intelligence agencies.

  • November 15, 2017

    Duff & Phelps Gains Ex-CIA Cybersecurity Pro In DC

    Duff & Phelps on Wednesday added a former Central Intelligence Agency operational executive who worked in the agency’s National Clandestine Service and brings years of experience in the areas of cybersecurity, risk management and international affairs to the corporate finance adviser’s legal management consulting group.

  • November 14, 2017

    Finjan Says Blue Coat's IP 'Disrespect' Merits At Least $47M

    Symantec-unit Blue Coat Systems should pay more than $47 million in royalties for showing “almost complete disrespect for Finjan’s intellectual property rights,” an attorney for the cybersecurity company told a California federal jury Tuesday during closing arguments in its patent infringement suit.

  • November 14, 2017

    Buzzfeed Bid For Trump Dossier Info Imperils Probe, Feds Say

    The federal government is fighting BuzzFeed’s bid to force it to testify about how federal agencies handled an unverified dossier containing scandalous claims about information that Russia was said to be collecting to blackmail President Donald Trump.

  • November 14, 2017

    9th Circ. Urged to Let Arbitrators Get Docs From Third Parties

    Two pharmacies said Tuesday that a lower court judge misread the Federal Arbitration Act when he ruled they couldn’t seek evidence from court proceedings against Express Scripts Inc. for their antitrust arbitration with CVS Health, asking the Ninth Circuit to consider whether arbitrators can subpoena documents from third parties, a question that’s split other circuits.

  • November 14, 2017

    Facebook Should Face Austrian Privacy Row, EU Adviser Says

    An adviser to the European Union's highest court recommended Tuesday that a prominent Austrian activist and lawyer be allowed to move forward with his claims that Facebook disregarded European users' privacy rights and promoted policies that enabled government spying, although he advised against permitting the suit to proceed as a class action.

  • November 14, 2017

    Sessions Defends Past Russia Comments At House Hearing

    U.S. Attorney General Jeff Sessions pushed back Tuesday on suggestions he made false statements to Congress about his and the Trump campaign's contacts with Russian officials, defending his past testimony before a House panel.

  • November 14, 2017

    7th Circ. Shuts Down Atty's 5th Appeal In $4M Junk Fax Case

    The Seventh Circuit cut off an attorney’s fifth appeal to the court following a $4.2 million judgment in a class action over unsolicited faxes Tuesday, saying the case has been held up long enough.

  • November 14, 2017

    NY Times Loses Bid For All FBI Info On Underwear Bomber

    A New York federal judge has ruled that the FBI rightfully kept from The New York Times part of its investigation of the “Underwear Bomber” who attempted to hijack a plane in 2009, finding in an order made public Tuesday that the withheld data was properly deemed exempt under the Freedom of Information Act.

  • November 14, 2017

    Sen. Committee Advances DHS Secretary Nomination

    A Senate panel on Tuesday gave its stamp of approval to Kirstjen Nielsen to be the next homeland security secretary and sent her nomination to the full chamber, after having previously delayed a vote on the issue.

Expert Analysis

  • Think Before Making Bitcoin Part Of Incident Response Plan

    Tracy Lechner

    Amid increasing ransomware attacks, businesses and their outside law firms are considering whether it would be prudent to establish and stock a bitcoin wallet as part of their incident response plan. This approach, however, may expose companies to more liability than the benefits can justify, say Tracy Lechner and Esteban Morin of Brownstein Hyatt Farber Schreck LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • The New Wave Of Employee Biometrics Class Actions

    Steven Pearlman

    At least 26 employment class actions alleging violations of the Illinois Biometric Information Privacy Act have been filed in Illinois state court from July to October 2017. Attorneys with Proskauer Rose LLP discuss employers’ obligations under BIPA, the substantial damages the statute enables employees to recover on a classwide basis, and potential defenses that employer-defendants are likely developing.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • The End May Be Nigh For FACTA Claims

    John Papianou

    Until last month, the Eleventh Circuit appeared to be the last place for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to truncate credit card numbers under the Fair and Accurate Credit Transactions Act. However, the dismissal of Gesten v. Burger King indicates a shift away from the generous reading of Spokeo that Eleventh Circuit plaintiffs have enjoyed, say John Papianou and Erin Novak of M... (continued)

  • Tips For Handling Workplace Substance Abuse Under ADA

    Robert Usinger

    Given the amount of public debate on the opioid crisis, it is inevitable to foresee a rise in workplace disputes involving drug and alcohol abuse. In light of these developments, attorney Robert Usinger, and Barry Temkin of Mound Cotton Wollan & Greengrass LLP review the law regarding substance abuse in the workplace under the Americans with Disabilities Act.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Cybersecurity Due Diligence In M&A: 8 Questions To Ask

    Thomas Smedinghoff

    Many acquirers pay little or no attention to the cybersecurity preparedness of the target company. But the target company’s cybersecurity status can have a major impact on the company’s present value as well as on the potential future liabilities that the acquirer may be assuming, say Thomas Smedinghoff and Enrique Santiago of Locke Lord LLP.