Cybersecurity & Privacy

  • May 1, 2018

    Facebook Wants Data Transfer Row Out Of EU Top Court

    Facebook is pushing to block the European Court of Justice from considering whether two popular mechanisms used by scores of multinational companies to transfer Europeans' data to the U.S. are lawful, saying the move should be halted while it appeals the referral to Ireland's highest court. 

  • May 1, 2018

    Womble Bond Snags TCPA, Financial Services Team

    Womble Bond Dickinson LLP nabbed a litigation team of three attorneys from Dorsey & Whitney LLP for one of its Southern California offices, led by a prominent class action defense attorney who is nationally recognized in Telephone Consumer Protection Act litigation, the firm has announced.

  • May 1, 2018

    New FTC Chairman Sworn In As Agency Refills Seats

    The Federal Trade Commission’s new chair was sworn in Tuesday, placing ex-Paul Weiss Rifkind Wharton & Garrison LLP partner Joseph Simons at the head of the competition regulator less than a week after he and four other nominees were confirmed by the Senate.

  • May 1, 2018

    Facing Backlash, Facebook Unveils New 'Clear History' Tool

    Facing a sea of public backlash and government inquiries over the mishandling of its users' data, Facebook on Tuesday announced a new "clear history" privacy feature that will let account holders see and delete identifying information that the company has collected from other websites and apps that run its tracking tools.

  • May 1, 2018

    Travelers Says Hotel Claims Over Data Breach Are A Ruse

    A Travelers unit asked a Florida federal court Monday to find it does not have to pay a hotel company’s subsidiary for alleged data breach losses, saying it was attempting to trigger coverage with a false claim letter.

  • May 1, 2018

    Loeb & Loeb Nabs Ad, Privacy Pros From Winston & Strawn

    Loeb & Loeb LLP has hired a team of advertising, digital media, privacy and brand protection lawyers who also specialize in intellectual property disputes from Winston & Strawn LLP, Loeb & Loeb said Tuesday.

  • May 1, 2018

    Goldman Sachs Fined $110M For 'Unsafe' Forex Conduct

    New York’s state banking regulator and the Federal Reserve levied $109.5 million in fines on Tuesday against Goldman Sachs Group Inc. for allegedly operating its foreign exchange trading business under lax controls that allowed traders to swap private client information in online chat rooms with competitors and inflate their profits.

  • May 1, 2018

    FTC Settles With Fla. Phone Reseller Over Vacuumed Data

    The Federal Trade Commission and a Florida-based cellphone reseller have entered into a settlement, they said Tuesday, after the company admitted it allowed a third party to collect data from customers’ phones.

  • May 1, 2018

    London Initiative Aims To Protect Firms From Cyberattacks

    The City of London Police said Tuesday it is launching a new initiative to make the Square Mile more secure from cyberattacks, dubbed Cyber Griffin, which the force hopes will improve the sharing of threat intelligence and strengthen defenses at firms across the city.

  • May 1, 2018

    FTC Names Cadwalader Atty As New Policy Planning Director

    The Federal Trade Commission announced a new policy planning chief Monday who rejoins the agency after more than a decade in private practice, coming most recently from Cadwalader Wickersham & Taft LLP.

  • April 30, 2018

    Facebook Likely Can't Stay Out Of Cambodian Political Fight

    A California federal judge on Monday said Facebook must give a Cambodian opposition leader some of the data he requested to assist his defense against allegations he defamed Prime Minister Hun Sen, rejecting the social media giant's argument that the request was untimely and violated the Stored Communications Act.

  • April 30, 2018

    Google Privacy Case To Test Limits Of Novel Settlements

    The U.S. Supreme Court’s decision Monday to review a settlement in which Google agreed to pay millions to third-party privacy nonprofits and nothing to users who accused the tech giant of illegally sharing their search histories with advertisers could upend the way in which such cases — where damages are tricky to quantify — are negotiated, lawyers say.

  • April 30, 2018

    CFPB Got 22K Complaints About Equifax After Breach: Report

    The Consumer Financial Protection Bureau received nearly 22,000 complaints about Equifax in the six months after the credit reporting agency disclosed its data breach last year, which is close to double the number of complaints received in the six months before the disclosure, according to a report released Monday by three Democratic senators.

  • April 30, 2018

    Jury Convicts Mass. Doc Of Giving Patient Info To Drug Co.

    A federal jury in Springfield, Massachusetts, on Monday convicted a gynecologist of disclosing her patients’ private medical information to a sales representative at Warner Chilcott and then lying about it to federal agents during an investigation into a doctor-kickback scheme the company admitted in 2015.

  • April 30, 2018

    Justices To Review Phishing Row Class Arbitration Ruling

    The U.S. Supreme Court agreed Monday to take up Lamps Plus Inc.’s petition alleging that the Ninth Circuit shirked high court precedent by reading standard language in the retailer’s arbitration agreement with an employee to mean that both parties had agreed to class arbitration of his claims stemming from a 2016 phishing attack.

  • April 30, 2018

    Reed Smith Hires GE Digital Chief Compliance Officer

    Reed Smith LLP has hired the chief compliance officer and executive counsel for GE Digital, the internet software development arm of longtime client General Electric Co., the firm announced.

  • April 30, 2018

    Canadian Airline Wants Counterclaims Tossed From Site Fight

    A Canadian budget airline asked an Illinois federal judge on Friday to toss counterclaims a travel consulting company brought after getting accused of holding the airline's bookings site hostage after their partnership dissolved.

  • April 30, 2018

    High Court To Review $8.5M Google Privacy Deal

    The U.S. Supreme Court on Monday agreed to review a challenge questioning the fairness of an $8.5 million class settlement in which class members — Google users who said the tech giant shared their search histories — wouldn't receive a cut of the money despite the prospect of their attorneys making millions in fees.

  • April 30, 2018

    Chinese Co., US Distributor Resist Injunction In Ford Fight

    A Chinese manufacturer of automotive diagnostic tools and its U.S. distributor battled Ford’s bid for a preliminary injunction in the auto giant's trade secret and trademark infringement suit, telling a Michigan federal judge Friday that the request is Ford’s attempt to elicit an unreasonable settlement and could put their entire business at risk.

  • April 27, 2018

    FTC Warns Foreign App Makers To Heed COPPA Data Rules

    The Federal Trade Commission on Friday put a pair of foreign app developers on notice that they may be violating the Children's Online Privacy Protection Act by scooping up geolocation data from kids without their parents' permission, cautioning that any company that targets U.S. children must comply with the privacy rules regardless of its home base.

Expert Analysis

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • 6 Consumer Protection Enforcement Trends To Watch At FTC

    Howard Morse

    With new leadership poised to take the helm at the Federal Trade Commission, now is an opportune time to review the latest consumer protection trends and developments, say attorneys with Cooley LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • TCPA Insurance Claim Issues Continue To Evolve

    Cort Malone

    Because Telephone Consumer Protection Act claims inherently exist at the nexus between multiple lines of coverage, the landscape of TCPA insurance coverage law is complex. Recent questions include whether TCPA claims inherently arise from invasions of privacy and whether damages awarded are remedial or punitive, say Cort Malone and Nicholas Maxwell of Anderson Kill PC.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • A Closer Look At Long-Awaited DC Circ. Robocall Ruling

    Marc Martin

    While the D.C. Circuit's decision in ACA International v. Federal Communications Commission didn't define "autodialer," it clarified what it's not. How the FCC may further clarify the definition remains to be seen, but the ruling should provide guidance on Telephone Consumer Protection Act compliance, say attorneys with Perkins Coie.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.