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Cybersecurity & Privacy

  • 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.

  • August 24, 2018

    Calif. Appeals Court Vetos Request For Bar Applicant Data

    The State Bar of California does not have to release individual data like bar exam applicants' LSAT scores to a UCLA researcher, a state appellate court ruled Thursday, agreeing with a lower court that state law does not require an agency to create new records to satisfy a public record request.

  • August 24, 2018

    Airbnb Suit Challenges New NYC Rental Data Collection Law

    Airbnb Inc. sued New York City on Friday claiming a new law requiring online rental companies to share data about their clientele violates the U.S. Constitution, but the city said it would work to get the Manhattan federal court complaint tossed to protect its effort to maintain affordable housing and secure neighborhoods.

  • August 24, 2018

    2nd Circ. Won't Rethink $4.8M Phishing Fraud Coverage Win

    A Chubb Ltd. unit failed to convince the Second Circuit to reconsider a decision that the insurer must shell out more than $4.8 million to cover losses Medidata Solutions Inc. incurred from an email-based fraud scheme, standing by the ruling that attorneys called a rare appellate win for the policyholder in a phishing coverage case.

  • August 24, 2018

    Investor Cries Foul Over $810M Trustwave-Singtel Merger

    An investor filed a proposed class action in Delaware Chancery Court claiming Trustwave Holdings Inc. improperly gave $15.6 million in stock preference in connection with its $810 million merger with Singapore Telecommunications Ltd. in 2015.

  • August 24, 2018

    Southwest Airlines Beats Employees' Fingerprint Data Suit

    An Illinois federal judge has tossed a proposed class action accusing Southwest Airlines of forcing certain employees to clock in and out through a fingerprint scanner without their permission, saying the dispute must be arbitrated or settled according to union terms. 

  • August 24, 2018

    Warner, Lowe's Can't Dodge Benefits Suit, HIV Patients Say

    A putative class of HIV and AIDS patients urged a California federal judge on Thursday to keep Warner Media LLC and Lowe's Companies Inc. in their lawsuit accusing the employers of forcing them to use CVS Pharmacy to pick up their medication without the benefit of a pharmacist, putting their privacy and health at risk.

  • August 24, 2018

    Insurers Fear 'Cyber Lexicon' Threat To Competition

    A group of global insurers has warned that the Financial Stability Board’s common vocabulary of cyber terms, which it has drawn up to help boost cross-border cooperation on cybersecurity, must not be allowed to persuade firms to use standardize contract terms.

  • August 23, 2018

    Google Bans Dozens Of Inauthentic Accounts Linked To Iran

    Google announced Thursday that it has removed 58 accounts linked to the Iranian state from its video-sharing site YouTube and other social platforms, in the latest step taken by a tech giant to police influence operations originating from overseas.

  • August 23, 2018

    Bolton Warns Russia On Election After Security Bill Stalls

    National Security Adviser John Bolton said Thursday he has warned Russian officials against interfering in the November midterm elections, as another White House official signaled that administration concerns were likely at least a partial factor in an election security bill stalling in Congress.

Expert Analysis

  • 5th Circ. Suggests Insurance May Cover Credit Card Breach

    Laura Foggan

    Last month, a little-noticed Fifth Circuit decision in Spec’s v. Hanover raised some important questions about the extent to which directors, officers and corporate liability policies may be called upon to respond to cyber breach incidents in which credit card data is stolen by unknown hackers, say Laura Foggan and Thomas Kinney of Crowell & Moring LLP.

  • Protecting Client Reputations In An Online World

    Jim Wagstaffe

    There’s no doubt we live in a world in which the internet has the potential to amplify defamatory communications. As a result, lawyers are increasingly playing a counseling and litigation role in protecting clients from the posting of negative information and reviews, says Jim Wagstaffe of The Wagstaffe Group.

  • How Your Call Records Can Help Your TCPA Defense

    Alysa Hutnik

    When your business faces a Telephone Consumer Protection Act lawsuit, a key defensive tool is targeted data analysis of your call, text or fax records, say Alysa Hutnik and Lauri Mazzuchetti of Kelley Drye & Warren LLP and Ariel Collis of Georgetown Economic Services.

  • Employer Lessons In Dealing With FCRA Disclosure Claims

    David Anthony

    An Oregon federal court's recent decision in Walker v. Fred Meyer highlights several key lessons associated with Fair Credit Reporting Act class actions, particularly related to the disclosures employers must provide to prospective employees, say attorneys with Troutman Sanders LLP.

  • Are Blockchain Utility Tokens Securities?

    Douglas Pepe

    Many of the most important and promising blockchain projects involve crypto assets and tokens that are designed for — and have — a real use, separate and apart from their prospects as speculative investments. These cases do not fit neatly into a Howey analysis. They are the square pegs facing a regulatory round hole, says Douglas Pepe of Joseph Hage Aaronson LLC. 

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Revisiting The Fax Provision: Technology’s Impact On TCPA

    Douglas Brown

    Applying the Telephone Consumer Protection Act fax provisions to e-faxes and similar communications is like applying equestrian regulations to modern automobiles. However, change in Federal Communications Commission leadership and two recent opinions by the D.C. Circuit suggest that a fundamental change in TCPA fax litigation is occurring, says Douglas Brown of Rumberger Kirk & Caldwell.

  • Developments In State Data Breach Notification Laws

    Hanley Chew

    In the past year, Alabama, New Mexico and South Dakota became the final three states to enact data breach notification statutes, and several other states amended their existing data breach notification statutes. Three trends are evident in the new statutes, say ​​​​​​​Hanley Chew and Tyler Newby of Fenwick & West LLP.

  • Carpenter And The High Court's Shift On 4th Amendment

    Sarah Hall

    The U.S. Supreme Court's decision last month in Carpenter is a clear departure from other Fourth Amendment precedent involving information possessed by third parties and individuals’ activities that occur in public. It questions the very premises on which those precedents were based in light of modern technologies, say Sarah Hall and Brian Lanciault of Thompson Hine LLP.

  • Biometrics And Geolocation Legislation: A Midyear Update

    Justin Kay

    In the first half of 2018, technology that determines where you are and who you are garnered significant attention. Less discussed are the legislative efforts underway in the federal government and in many states to regulate these emerging technologies, says Justin Kay of Drinker Biddle & Reath LLP.