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Cybersecurity & Privacy

  • June 29, 2018

    Justice Kennedy Leaves Mixed Record On Civil Rights

    Over three decades on the Supreme Court, Justice Anthony Kennedy perhaps became best known for upholding the constitutional right to abortions and to same-sex marriage, but his deference to states’ rights and his inclination to take a race-blind approach to legal analysis have complicated his civil rights legacy.

  • June 29, 2018

    Justice Kennedy's Departure Leaves Privacy Limits Up In Air

    Retiring Supreme Court Justice Anthony Kennedy regularly sided with law enforcement in disputes over whether crime-fighting tactics spurred by advances in technology crossed Fourth Amendment privacy lines, but there's no guarantee that his successor will come down the same way, even though their political leanings are likely to be similar, attorneys say.

  • June 29, 2018

    Insurer Must Defend Hidden Camera Suit: Md. Appeals Court

    A Maryland appeals court ruled that Harleysville Preferred Insurance Co. must defend the restaurant Rams Head at Savage Mill in underlying litigation stemming from a camera that was hidden in a restroom, but need not defend the majority owner who hid it there, because of a policy exclusion for criminal acts.

  • June 29, 2018

    Ex-Pa. Medical Center Worker Stole Patient Files, Feds Say

    A former Pennsylvania medical center worker illegally obtained the medical records of more than 100 patients in violation of the Health Insurance Portability and Accountability Act, prosecutors said in an indictment Thursday. 

  • June 29, 2018

    Trump Says He Will Announce Supreme Court Nominee July 9

    President Donald Trump said Friday he will announce his nominee to take Justice Anthony Kennedy’s place on the U.S. Supreme Court on July 9, and that he has narrowed down the pool of candidates to “around” five people, including two women.

  • June 29, 2018

    Kennedy's Retirement: Legacy, Fallout & The Battle Ahead

    Justice Anthony M. Kennedy, the longest-serving active member of the U.S. Supreme Court, announced his retirement Wednesday after three decades on the high court. Here, Law360 analyzes his immense impact and what his departure means for the future of the court.

  • June 29, 2018

    Non-Customer Hits Cox With TCPA Suit For Collection Calls

    A woman who allegedly received 11 autodialed debt collection calls from Cox Communications Inc. despite never being a customer sought an early win Thursday in Arizona federal court while also seeking to certify a Telephone Consumer Protection Act class of recipients of unwanted calls that could number in the hundreds of thousands.

  • June 29, 2018

    Speech Advocates Say Sex Trafficking Law Muzzles Outreach

    A new law meant to crack down on sex trafficking online prevents human rights groups from educating sex workers about their health and safety for fear of publishing information that could be misconstrued as "facilitating prostitution," internet free speech advocates have told a D.C. federal court.

  • June 29, 2018

    EU Top Court To Anonymize Individuals In Public Docs

    The European Union’s highest court said Friday that the bloc’s sweeping new data regime and the growing number of cases being brought over the protection of personal data has led it to rejig its approach to identification by anonymizing all individuals mentioned in future public documents.

  • June 28, 2018

    Calif. Enacts Internet Privacy Law, Erasing Ballot Effort

    California Gov. Jerry Brown on Thursday signed a landmark privacy bill that will give consumers the ability to control how online companies use and share their personal information and to request its deletion, prompting the backers of a similar but potentially more stringent privacy initiative set to appear on the November election ballot to withdraw their proposal.

  • June 28, 2018

    Why The Defense Bar Celebrates Kennedy

    Associate Justice Anthony Kennedy spent his three decades on the high court making a name for himself as a champion of individual freedoms, but he also authored the majority opinion in Ashcroft v. Iqbal that changed corporate litigation so much, it is cited in nearly every dismissal bid and has become the bane of the plaintiffs bar.

  • June 28, 2018

    Roberts Becomes True Power As 'Kennedy Court' Ends

    The retirement of Justice Anthony Kennedy means that Chief Justice John Roberts is now the U.S. Supreme Court's most important member not just in title but also in reality, empowering him to advance a muscular conservative agenda and perhaps broker deals with outgunned liberals.

  • June 28, 2018

    Exactis Sued After Exposure Of 200M Consumers' Info

    Exactis was hit with a proposed class action in Florida federal court Thursday, a day after news broke that the marketing and data aggregation firm failed to secure the private information of more than 200 million American consumers and 110 million business contacts.

  • June 28, 2018

    Qatari Gov't Claims Immunity From Hacking Suit

    The government of Qatar asked a California federal judge Wednesday to toss a suit that accused the country and others of orchestrating a smear campaign against a prominent Republican fundraiser, arguing that the country should be protected from being sued under foreign sovereign immunity law.

  • June 28, 2018

    Ex-Equifax Worker Charged With Insider Trading After Breach

    A former software development manager for Equifax was charged in Georgia federal court on Thursday with profitably trading on confidential information about the company’s massive data breach before it was publicly announced, according to the U.S. Department of Justice and U.S. Securities and Exchange Commission.

  • June 28, 2018

    Ex-ICE Atty Gets 4 Years For Stealing Immigrants' Identities

    A former chief counsel of U.S. Immigration and Customs Enforcement was sentenced to four years in prison Thursday in Washington federal court for stealing the identities of numerous immigrants to use in a financial fraud scheme, according to U.S. Department of Justice and immigration officials.

  • June 28, 2018

    DC Circ. Expects Quick Response To Kaspersky's Stay Bid

    The D.C. Circuit on Thursday gave the federal government a little more than a week to respond to an emergency request to stay a planned ban on federal contracts for Kaspersky Lab, after the company argued the government had moved up the effective date of the ban.

  • June 28, 2018

    Justices Won't Weigh Internet Privacy In Silk Road Case

    The U.S. Supreme Court on Thursday declined to review the conviction and life sentence of the man who founded the Silk Road online black market, passing up the opportunity to weigh in on whether the Fourth Amendment allows the government to track individuals’ online activities without a warrant.

  • June 28, 2018

    AIG Unit Likely Can’t Nix Suit Over Latham-Posing Scammer

    A California state judge on Thursday tentatively refused to toss Ubiquiti Networks Inc.’s lawsuit seeking insurance coverage after it lost $46 million to a scam in which fraudsters impersonated its CEO and a Latham & Watkins attorney, rejecting an AIG subsidiary’s argument the crime didn’t qualify for its hacking coverage.

  • June 28, 2018

    Ex-Sprint Subscriber Claims Flood Of Texts 'Harassed' Him

    Sprint Corp. allegedly caused a former subscriber to be sent approximately 77 “harassing text messages” seeking additional payment within 48 hours of closing his account with the cellular service provider, according to a complaint filed in Texas federal court on Thursday.

Expert Analysis

  • Calif. Consumer Privacy Act: 6 Considerations For Banks

    Nathan Taylor

    Financial institutions in the United States are no strangers to privacy regulations, particularly given the obligations imposed by the federal Gramm-Leach-Bliley Act and the California Financial Information Privacy Act. But the California Consumer Privacy Act — an initiative likely to appear on the November ballot — could complicate existing privacy processes, say Nathan Taylor and Purvi Patel of Morrison & Foerster LLP.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • How Courts Are Interpreting DC Circ. Autodial Ruling

    Cory Eichhorn

    Two competing interpretations of the D.C. Circuit's March ruling in ACA International v. Federal Communications Commission are only the beginning of what is sure to be a continuing debate on the definition of an automatic telephone dialing system, say Cory Eichhorn and Annelise Del Rivero of Holland & Knight LLP.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • Crypto Market Surveillance Has Arrived

    Sharon Brown-Hruska

    The recent wave of spoofing and manipulation enforcement actions washing over cryptocurrency markets, aided by increasing market surveillance, may cause concern in some quarters. However, precedents in established futures and spot markets suggest that, in the long run, the market will likely see benefits from increased surveillance, say members of NERA Economic Consulting.

  • GDPR Is Here — What If You Didn't Prepare?

    Joseph Facciponti

    Businesses that are only now waking up to the reality of the EU General Data Protection Regulation, which took effect on Friday, must prioritize their compliance efforts to mitigate potential regulatory risks as they work quickly to achieve full compliance, say Joseph Facciponti and Katherine McGrail of Murphy & McGonigle PC.

  • With States' Crypto Regulation, Problems Multiply

    Jason Gottlieb

    State securities agencies are increasingly regulating the cryptocurrency space through administrative proceedings and summary cease-and-desist orders. But the uncertainties and ambiguities in current cryptocurrency regulation mean that multistate action — even if coordinated — will create a real risk of splintered authority, says Jason Gottlieb of Morrison Cohen LLP.

  • GDPR — Coming Soon To A Merger Near You

    Emma Flett

    Beginning May 25, European regulators will be able to enforce the EU General Data Protection Regulation. The possibility of enforcement means the GDPR will now have greater bearing on M&A activity in the U.S. and elsewhere, say Emma Flett and David Higgins of Kirkland & Ellis International LLP.