Cybersecurity & Privacy

  • November 20, 2020

    Apple Wants Data Withheld From Google's In-House Attys

    Apple Inc., AT&T, advertising company GroupM and a slew of others urged a District of Columbia federal court Friday to only allow Google's outside counsel to access their most sensitive confidential information in the U.S. Department of Justice's suit accusing the internet giant of illegally maintaining its monopolies.

  • November 20, 2020

    FTC Wants Bannon Forced To Talk About Cambridge Analytica

    The Federal Trade Commission is urging a D.C. district judge to force former top White House adviser Stephen K. Bannon to testify about his involvement in the harvesting of personal information from millions of unwitting Facebook users by his now-defunct political consulting firm Cambridge Analytica, asserting that Bannon has been dodging requests to appear at a hearing for more than a year. 

  • November 20, 2020

    Fla. Judge Says Attys On 'Thin Ice' After FCRA Claims

    A Florida federal judge issued a stern warning in lieu of sanctions Friday to two attorneys who lender BlueChip Financial and its CEO claimed had pursued frivolous Fair Credit Reporting Act violation claims against them, cautioning the lawyers that they were "on thin ice."

  • November 20, 2020

    Pomerantz, Abraham Fruchter To Rep Forescout Investors

    Abraham Fruchter & Twersky LLP and Pomerantz LLP will represent a proposed class of investors alleging cybersecurity company Forescout Technologies Inc. tricked investors about the company's earnings ahead of a sale that ultimately fell apart, a California federal judge said Thursday.

  • November 20, 2020

    Feds Knock Crypto Developer's Bid To Kill Sanctions Charge

    Federal prosecutors asked a New York federal judge to disregard a blockchain platform developer's bid to dismiss the indictment alleging he broke the law by helping North Korea try to circumvent U.S. sanctions using cryptocurrency.

  • November 20, 2020

    Debt Relief Co. Sued By Feds For Telemarketing, False Claims

    An Illinois company that purported to provide debt relief and credit repair services baselessly told customers it could lower or eliminate their student loan payments and charged disproportionately high fees for the work, according to a suit filed Friday by the Bureau of Consumer Financial Protection.

  • November 20, 2020

    NJ Judges Face Uphill Privacy Battle Despite New Protections

    The vast frontier of the internet will remain a daunting landscape for judges in New Jersey looking to corral their public information under a new law barring the online posting of their home addresses and phone numbers, which followed a shooting at U.S. District Judge Esther Salas' residence that left her son dead and husband wounded.

  • November 20, 2020

    House Dems Say White House Is Holding Up WHO Funding

    Senior Democrats in the House of Representatives accused the White House on Friday of holding up congressionally authorized funds from the World Health Organization, comparing the tactic to one used during the Ukraine impeachment scandal.

  • November 20, 2020

    Clark Hill Rips 'Whitewash Narrative' In Malpractice Case

    Clark Hill PLC has ripped into a Chinese dissident accusing the firm of using a privilege "whitewash" to withhold records concerning a 2017 cyberattack on the firm's network, telling a D.C. federal judge that its former client's failed bid to compel discovery in his $50 million malpractice suit was based on an inaccurate narrative.

  • November 20, 2020

    SEC's Clayton Leaves Behind Market-Friendly Legacy

    Outgoing U.S. Securities and Exchange Commission Chairman Jay Clayton built a record that focused on easing capital formation from day one, a priority welcomed by capital markets attorneys, albeit over objections from investor protection advocates.

  • November 20, 2020

    Salesforce, Clothier Ring Up $400K Data Breach Deal

    Hanna Andersson and Salesforce.com asked a California federal court Thursday to grant preliminary approval of a $400,000 settlement with customers of the clothing retailer over a data breach they say led to the information of over 200,000 being compromised.

  • November 20, 2020

    NY Judge Orders Args In AG's Trump Probe Doc Dispute

    A New York judge Friday ordered oral arguments to be held next month in a dispute over subpoenas to entities related to President Donald Trump's businesses, part of the state attorney general's probe over whether Trump inflated his asset values.

  • November 20, 2020

    Marriott Investor Looks To Save Data Breach Suit

    A shareholder is fighting Marriott International Inc.'s bid to toss his lawsuit filed on the hotel giant's behalf in Maryland federal court following a 2018 customer data breach, saying he has successfully argued that most of the company's board members have a personal interest in the suit's outcome.

  • November 20, 2020

    Dems Propose DHS Overhaul, Reining In 'Acting' Officials

    Democrats on the House Homeland Security Committee unveiled legislation Thursday that would implement wide-reaching, if modest, changes to the U.S. Department of Homeland Security, a major target for progressives during the Trump administration.

  • November 20, 2020

    Health Hires: Epstein Becker, Lewis Brisbois, Taylor English

    Epstein Becker Green has nabbed a health care attorney from Dentons, Lewis Brisbois reeled in a former cybersecurity director of a Tenet Healthcare unit and Intersect ENT hired the former top attorney at Grail Inc. and McKesson, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • November 20, 2020

    'Absurd' To Suggest Assange Extradition Is Political, US Says

    The U.S. government called claims Julian Assange is being prosecuted for his political opinions "absurd," saying in court documents filed Friday in London that the WikiLeaks founder is wanted in the U.S. to face trial because he has "committed serious criminal offenses."

  • November 20, 2020

    Allianz Reports 950% Rise In Cyber-Insurance Claims

    The specialist division of German insurer Allianz said it has been hit by a 950% increase in cyber-insurance claims over the last three years, and warned of the growing threat to business from internet criminals taking advantage of a new trend in working from home.

  • November 19, 2020

    PayPal 'Soft-Pedaled' Data Breach Disclosure, 9th Circ. Told

    PayPal investors urged the Ninth Circuit on Thursday to revive a proposed class action alleging the company hid what it knew about a 2017 data breach, allegedly causing its stock to later drop when the hack was revealed, arguing that PayPal "soft-pedaled" its initial announcement to avoid a strong market reaction.

  • November 19, 2020

    Atty Fighting IP Suit Says He's Not Former Firm's 'Property'

    A former Slate Law Group associate asked a California federal judge Wednesday to dismiss the law firm's trade secrets suit against him after he was hired by one of its former clients, arguing that "at-will associate attorneys are not the property" of firms that hire them.

  • November 19, 2020

    DOD Denies Clearance Bias Against Naturalized Soldiers

    The Pentagon rebuffed foreign-born soldiers' claims that discrimination hampered their efforts to obtain security clearance for high-level positions, telling a Virginia federal court that naturalized and U.S.-born servicemembers' clearance requests are processed equally.

  • November 19, 2020

    Facebook Claims User Cloned 100K Instagram Accounts

    A Turkish national is scraping publicly viewable data from more than 100,000 Instagram users to create a network of clone sites, in violation of the social network's terms of use and trademark laws, Facebook Inc. said Thursday in California federal court.

  • November 19, 2020

    Lender Seeks Sanctions Over 'Shakedown' FCRA Suit

    A Florida woman informed a Tampa federal court Wednesday of a settlement in her Fair Credit Reporting Act suit against lender BlueChip Financial and its CEO, but the judge set a hearing for Friday on the defendants' sanctions motion alleging the suit was "factually and legally frivolous."

  • November 19, 2020

    Pomerantz Fights Robbins Geller's Lead Atty Win In Zoom Suit

    Pomerantz LLP says that due to a damages cap miscalculation, a California federal judge has erroneously appointed Robbins Geller to lead consolidated securities litigation against the videoconferencing provider Zoom.

  • November 19, 2020

    NY AG Wants New Args In Trump Tax Probe Doc Dispute

    New York's attorney general asked a state judge Thursday to allow rearguments over what subpoenaed documents can be shielded under attorney-client privilege in a tax probe into whether President Donald Trump inflated his asset values.

  • November 19, 2020

    Car Warranty Co. Hit With TCPA Suit Over Unwanted Calls

    A company that sells extended car warranties has been hit with a proposed class action in New Jersey federal court claiming it made unwanted phone calls to prospective customers in violation of the Telephone Consumer Protection Act.

Expert Analysis

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Treasury Stance On Ransomware Payment Could Hurt Targets

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    Recent statements from two U.S. Department of the Treasury offices indicate that paying off ransomware with cryptocurrency may trigger certain registration requirements and U.S. sanctions scrutiny, placing a significant regulatory burden on cybervictims and their incident response consultants, say attorneys at McDermott.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • OFAC Cyber Ransom Guidance Has Insurance Implications

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    A new advisory from the U.S. Department of the Treasury's Office of Foreign Assets Control will likely cause delay in insurance coverage determinations for ransom payments, but there are steps policyholders can take to secure coverage for restoration costs when a ransom is not paid, say attorneys at Hunton.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Calif. Privacy Law Resembles, Transcends EU Data Regulation

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    Companies preparing for future enforcement of the newly passed California Privacy Rights Act can look to the EU General Data Protection Regulation for guidance while understanding key differences, including the CPRA's incentive options for consumers and mandate that regulations be updated to reflect technological changes, say attorneys at Akin Gump.

  • Godiva FACTA Case Alters 11th Circ. View On Standing

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    The Eleventh Circuit's recent en banc decision in Muransky v. Godiva on standing to sue under the Fair and Accurate Credit Transactions Act dramatically changes the court's plaintiff-friendly approach to damages for bare procedural violations of consumer protection statutes, bringing it in line with many sister circuits, say Scott Wagner and Ilana Drescher at Bilzin Sumberg.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

  • What To Expect From US Trade Policy In The Biden Era

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    President-elect Joe Biden’s administration will shift focus away from transactional relationships, focusing instead on multilateralism and rebuilding relations with key allies, even if a number of Trump administration trade initiatives live on, say attorneys at Squire Patton.

  • Law Firm Biz Development Tips For The Pandemic Era

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    Jessica Starr and Monica Ulzheimer at Alston & Bird look at four areas where business development and other law firm administrative teams can take a leadership role in driving practice growth at a time when attorney interactions with clients and peers are limited.

  • How To Comply With New UK Guidance On AI Privacy

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    In light of recent guidance from the U.K. Information Commissioner's Office on data protection-compliant artificial intelligence, companies should maintain data protection impact assessment documentation, ensure that data minimization is considered from the design phase, and adapt existing data subject rights policies, say William Long and Francesca Blythe at Sidley.

  • Rulings Show Limits Of Federal Agency Vacancy Law

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    Recent court decisions applying the Federal Vacancies Reform Act to invalidate improper presidential appointments of acting federal agency heads have had little evident impact, highlighting shortcomings in the law that could become more acute if the presidency and Senate are controlled by different parties, says Steven Gordon at Holland & Knight.

  • The Legal Implications Of Mobile Health Advancements

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    With the pandemic rapidly accelerating the timeline for the shift to remote and mobile health care, providers will need to keep a close eye on new privacy and cybersecurity risks, and on new potential to collect real-time information from patients, say attorneys at Squire Patton.

  • Opinion

    BigLaw Must Drop The Billable Hour To Improve Diversity

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    Implementing pay structures that compensate attorneys for achieving clients' goals rather than measuring success based on hours billed is a necessary first step to keeping underrepresented attorneys in BigLaw, says Elizabeth Korchin at Therium Capital.

  • The Post-Election State AG Enforcement Landscape

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    Election results so far have kept the number of Republican and Democratic state attorneys general even, and no matter the outcome of the presidential race, AGs will work across the aisle on important issues like health care, competition and the environment, says former Illinois attorney general Lisa Madigan at Kirkland.

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