Cybersecurity & Privacy

  • November 17, 2017

    House Dems Want Trump To Reverse DOD Afghan Secrecy Policy

    A pair of senior House Democrats urged President Donald Trump Friday to reverse a U.S. Department of Defense policy to classify previously public information on the performance and strength of Afghanistan’s armed forces, saying it will harm the ability of Congress to properly oversee U.S. operations in Afghanistan.

  • November 17, 2017

    Avis Customers Score Cert. In E-Toll Hidden Fee Dispute

    A New Jersey federal judge granted class certification Thursday in litigation alleging that Avis secretly charged car renters for an electronic toll-payment service, noting that the requirements were clearly met by the class of nearly 18 million people united by common questions surrounding whether the fees were properly disclosed.

  • November 17, 2017

    Google Seeks Final Ruling Protecting Search Results

    Google urged a California federal judge Friday to permanently stop enforcement of an order from Canada’s highest court that would compel the tech titan to scrub worldwide searches of results from a company accused of selling products containing stolen trade secrets.

  • November 17, 2017

    City Firms Warned Of Supply Chain Cyber Dangers

    The Financial Conduct Authority warned banks and insurance firms on Friday that they will still face regulatory punishment for cybersecurity failures in their supply chain and that outsourcing compliance is not a credible defense.

  • November 16, 2017

    Forever 21 Says Unencrypted Payment Card Data Breached

    Forever 21 customers who swiped their payment cards between March and October at certain retail locations that weren’t using encryption and tokenization methods that the company rolled out two years ago may have had their personal information compromised in a recently discovered data breach, the apparel retailer said Tuesday.

  • November 16, 2017

    You've Been Warned, SEC Head Says Of Cryptocoin Offerings

    Federal regulators have so-called initial coin offerings — cryptocurrency fundraising methods that have ballooned in popularity — squarely in their sights, the head of the U.S. Securities and Exchange Commission said Thursday.

  • 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.

Expert Analysis

  • Opinion

    Manufacturers Must Focus On Securing The Internet Of Things

    Aristedes Mahairas

    We know internet-of-things devices are unsecure. Some say they are likely to remain unsecure. But given the increasing risk and seriousness of IoT-based attacks, manufacturers should take proactive measures to bring to market IoT devices that contain standard security protocols, says Aristedes Mahairas, special agent-in-charge of the FBI’s New York Special Operations/Cyber Division.

  • How Plaintiffs And Defense Counsel Misperceive Each Other

    Daniel Karon

    What makes the practice of law so stressful? Our thesis is that it comes from being terrible to each other. As a plaintiffs lawyer and a defense lawyer, we asked what we believed our opposition thought about us and how our opposition judged us — and then we compared notes, say Daniel Karon of Karon LLC and Philip Calabrese of Porter Wright Morris & Arthur LLP.

  • Opinion

    Equifax Breach Reminds Us Why We Need The 7th Amendment

    Jean Sternlight

    The Consumer Financial Protection Bureau’s arbitration rule restores transparency and accountability to our justice system and allows people to exercise their Seventh Amendment rights. However, the House of Representatives has voted to block it and the rule is in jeopardy, says Jean Sternlight, director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

  • Mass. Digital Health Developments: What To Know Now

    Ellen Janos

    Digital health is now an accepted part of the health care delivery system and has been widely adopted by both health providers and consumers. However, technology is evolving quickly and counsel for businesses entering this market in Massachusetts must keep up with a complex legal and regulatory landscape, says Ellen Janos of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 4 Steps To A Successful Outsourcing Contract

    James Meadows

    The cause of British Airways' estimated £80 million information technology failure in May 2017 was human error, but human error outsourced. These kinds of disasters bring into sharp relief the exposures that may trip up even the most well-intentioned outsourcing arrangements, say James Meadows and Heather Clauson Haughian of Culhane Meadows PLLC.

  • Managing Digital Vendor Risk — The Next Compliance Frontier

    Chris Olson

    Unfortunately, heightened awareness of third-party cyberrisk and the urgency of identifying third-party activity has not fully extended to the consumer-facing digital assets — websites, mobile applications, social media — that form the backbone of modern business-to-consumer communications, says Chris Olson, CEO of The Media Trust.

  • Risks And Rules For Data Collection At Retail Properties

    Daniel Ray

    Brick-and-mortar retailers and other property-level businesses have increasingly taken advantage of technology in learning about consumer behavior. But security breaches of consumer information have led to government investigations and multimillion-dollar settlements. Businesses should incorporate privacy principles at every stage of the development of data tracking and collection programs, say attorneys with King & Spalding LLP.

  • Large And Small Cyberrisk Solutions For Health Care Cos.

    John Gilligan

    Following the radical changes brought by advances in internet of things technology, the health care industry must take both immediate micro steps and larger macro steps to protect its patients from cyberrisks, say John Gilligan and Kimberly Metzger of Ice Miller LLP.

  • Equifax Brings Early Lessons On Insider Trading Policies

    Gary Tygesson

    Insider trading allegations have surfaced at Equifax, where three executives sold nearly $2 million in shares of the company’s stock days after the cyberattack was discovered but before the news was announced. The situation raises a number of fundamental questions about Equifax’s insider trading policy, say Gary Tygesson and Cam Hoang of Dorsey & Whitney LLP.

  • Opinion

    Congress Must Do More To Speed Up DOD Cyber Acquisitions

    Daniel Schoeni

    The slow pace of cyber acquisitions constitutes a significant vulnerability. Congress has relieved some of the U.S. Department of Defense's regulatory burden in the past two years, but the streamlining efforts do not go nearly far enough to deter our enemies, says Daniel Schoeni, a judge advocate with the U.S. Air Force.