Cybersecurity & Privacy

  • November 19, 2020

    Former EBay Execs Deny New Charges In Cyberstalking Case

    Two former eBay executives pled not guilty on Thursday to an expanded indictment accusing them of working with a group of employees to harass a Massachusetts couple who ran an e-commerce blog critical of the company.

  • November 19, 2020

    3 Firms Forge Nasdaq's $2.75B Deal For Financial Crime Co.

    Nasdaq Inc. has agreed to buy private equity-backed financial crime management software provider Verafin for $2.75 billion, the companies said Thursday, in an agreement etched by Wachtell, Blakes and Osler Hoskin.

  • November 18, 2020

    Binance Sues Forbes For Defamation Over Leaked Doc Story

    Cryptocurrency exchange Binance accused Forbes and two writers of defamation in New Jersey federal court Wednesday, alleging an Oct. 29 story "grossly mischaracterized" the truth and defamed the Cayman Islands-based company by claiming it uses its corporate structure to covertly profit from U.S. cryptocurrency investors and deceive regulators.

  • November 18, 2020

    'Internet Of Things' Security Standards Bill Sent To Trump

    The Senate has easily approved a bipartisan bill that would mandate security standards for federal purchases of internet-connected devices, sending to the president's desk a House-passed plan that would yield new national rules for the growing "Internet of Things" market.

  • November 18, 2020

    Apple Buyers Urge 9th Circ. To Revive Security Patch Suit

    A group of Apple device buyers urged a Ninth Circuit panel Wednesday to revive their proposed class action alleging Apple failed to disclose its products' defective processors and used security patches that reduced the speed and value of their devices, arguing that they had sufficiently alleged a concrete economic injury.

  • November 18, 2020

    FCC Skips Section 230, Plans 5G Equipment Vote For Dec.

    The Federal Communications Commission will turn its attention in December to shoring up American mobile networks from Chinese technology threats, bypassing a high-profile social media moderation rulemaking just before the sunset of the Trump administration.

  • November 18, 2020

    House Wants Vetting Of Foreign Ownership On Federal Leases

    The U.S. House of Representatives has passed a bipartisan bill that would require companies that lease high-security spaces to federal agencies to be vetted for foreign ownership, after a government watchdog raised concerns about cybersecurity risks and possible espionage.

  • November 18, 2020

    Trump Admin. Denies Free Speech Harm In WeChat Ban

    The Trump administration has insisted that banning downloads of WeChat has nothing to do with users' free speech but is solely aimed at preventing China from using their data to facilitate espionage and surveillance, even though a federal judge recently said the move raised serious First Amendment concerns.

  • November 18, 2020

    7th Circ. Further Clarifies Standing Of Biometric Privacy Suits

    The Seventh Circuit made it easier for employers to understand when they can turn to federal court to resolve disputes under Illinois' landmark biometric privacy law, ruling that allegations of more than a procedural failure under the law shouldn't have been remanded to state court.

  • November 18, 2020

    Title Insurance Agent Denied Coverage Of Email Scam Loss

    A New Jersey federal judge has ruled that Greenwich Insurance Co. does not have to cover a title insurance agent's loss of more than $480,000 after it was tricked into sending mortgage loan funds to a fraudster who posed as the lender's employees in emails, finding that coverage is clearly barred by an exclusion for theft.

  • November 18, 2020

    DHS Moves To Photograph All Travelers Crossing The Borders

    The U.S. Department of Homeland Security is moving to make photographic records of all immigrants and foreign travelers entering or leaving the United States, with a proposal to end exemptions of some travelers, such as young people and diplomatic visa holders, from biometric collection.

  • November 18, 2020

    Apple To Pay $113M To End IPhone 'Throttling' Suit

    Apple Inc. has agreed to pay $113 million to 33 states and the District of Columbia to settle a suit alleging it deliberately "throttled," or reduced the performance of, certain iPhone models starting in 2016 in response to a battery issue that it concealed from consumers, Arizona's attorney general announced Wednesday.

  • November 18, 2020

    Ex-Raytheon Worker Gets 3 Years For Exporting Missile Info

    A former Raytheon electrical engineer who pled guilty to knowingly bringing technical information about U.S. missile defense systems into China without an export license was sentenced to 38 months in prison Wednesday.

  • November 18, 2020

    FCC Fines Robocaller $10M For Masking Political Smears

    The Federal Communications Commission imposed a nearly $10 million penalty Wednesday against a robocaller accused of smearing a 2018 California State Assembly candidate through tens of thousands of autodialed calls with falsified caller IDs.

  • November 17, 2020

    DC Judge Slams DOJ's $212K Fee Payment To Arnold & Porter

    A District of Columbia federal judge on Tuesday criticized a deal in which the Trump administration will pay Arnold & Porter more than $212,000 in legal fees to resolve a battle over expedited traveler security clearance programs, calling the fees excessive and the government's conduct "embarrassing."

  • November 17, 2020

    Facebook, Feds Keep On High Court To Trim Autodialer Ban

    Facebook and the federal government made their final pitches ahead of oral arguments next month for why the U.S. Supreme Court should narrowly define what qualifies as an autodialer under the Telephone Consumer Protection Act, arguing that a broad reading would fly in the face of both grammar and the statute's purpose to stop random-fired calls.

  • November 17, 2020

    SEC Chair Praised And Rebuked In Last Senate Appearance

    U.S. Securities and Exchange Commission Chairman Jay Clayton received a mix of commendation and condemnation on Tuesday during what is presumed to be his final appearance before the U.S. Senate Banking Committee.

  • November 17, 2020

    Trump Fires Official Who Dismissed Election Fraud Claims

    President Donald Trump on Tuesday fired Christopher Krebs, the director of the federal cybersecurity agency that corrected disinformation about the reliability of the Nov. 3 election and called it the "most secure" balloting in U.S. history.

  • November 17, 2020

    Sens. Struggle To Nail Down Central Section 230 Issues

    The Senate Judiciary Committee grilled the CEOs of Facebook and Twitter on Tuesday on how they've handled misinformation about the coronavirus and the 2020 presidential election, as the executives contended Congress must decide whether it wants to stop the spread of false information or more narrowly prevent threats of violence and physical harm.

  • November 17, 2020

    Brownstein Adds Ex-TD Ameritrade Privacy Pro To Its IP Team

    Brownstein Hyatt Farber Schreck LLP has added TD Ameritrade's former chief privacy officer as a shareholder handling privacy and intellectual property matters in its Washington, D.C., office, the firm has announced.

  • November 17, 2020

    Apple Asks Fed. Judge To Reconsider Remand Of BIPA Claim

    Apple is asking an Illinois federal judge to reconsider a ruling that it must face claims that it violated the state's biometric privacy law with its facial recognition software, saying one count of the complaint should have been thrown out and not remanded to state court.

  • November 17, 2020

    NSO Tries Again For Immunity From WhatsApp Hacking Suit

    Israeli spyware company NSO Group has urged a federal appeals court to overrule a California judge and find it immune from a lawsuit claiming that it hacked into the phones of more than a thousand WhatsApp users, including human rights lawyers, arguing that it caters only to foreign states carrying out "lawful investigations."

  • November 17, 2020

    Reality Winner Asks 11th Circ. For COVID-19 Early Release

    Imprisoned former defense contractor Reality Winner asked the Eleventh Circuit on Tuesday to reverse a decision denying her bid for early release over concerns about her health amid the COVID-19 pandemic, arguing that the lower court erred in concluding it did not have jurisdiction to consider her request.

  • November 17, 2020

    Harriet Carter Says Its Data Collection Is Same As All Retailers

    Online retailer Harriet Carter Gifts and software company NaviStone Inc. have urged a federal judge to let them escape shoppers' claims that they violated wiretapping laws by tracking customers' data on the Harriet Carter website, arguing a ruling for the consumers would "effectively criminalize internet commerce."

  • November 17, 2020

    Taco Bell, KFC Parent Hit With Ill. Finger Scan Privacy Suit

    The parent company of fast-food chains including KFC, Pizza Hut and Taco Bell got hit with a proposed class action in Illinois state court Monday alleging its finger-scan time-tracking practices violate its employees' biometric privacy rights.

Expert Analysis

  • 10 Lessons From ITC's First-Ever Unfair Import Virtual Trial

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    Attorneys at MoFo who recently participated in the first-ever virtual unfair import trial at the U.S. International Trade Commission share successful remote proceedings best practices such as minimally displaying exhibits, adapting to virtual witness binders and protecting confidential information.

  • 8 Tips For Effective Oral Advocacy In Virtual Court Hearings

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    Jim Lofton at Lofton Legally Speaking explains why tightly constructed arguments, the right camera angle and good online behavior are crucial to a powerful virtual courtroom presentation.

  • What DOD's Use Of Cyber Scores May Mean For Contractors

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    Attorneys at Rogers Joseph examine how the U.S. Department of Defense might use its soon-to-be-mandated cybersecurity compliance self-assessment scores in solicitations and other contract actions as part of its responsibility determinations or as technical evaluation criteria, and suggest where further agency guidance would help contractors.

  • A GC's Blueprint For Improving Legal Industry Diversity

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    General counsel are in a unique position to ensure that their partner law firms are giving significant case assignments to underrepresented attorneys, and to help future generations of lawyers access meaningful opportunities early in their education or careers, says Laura Schumacher, chief legal officer at AbbVie.

  • Perspectives

    Book Review: Did The High Court Cause Mass Incarceration?

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    William Pizzi's argument in "The Supreme Court's Role in Mass Incarceration" that the U.S. Supreme Court is responsible for the high rate of incarceration is compelling, but his criticism overlooks the positive dimensions of the criminal procedure decisions under Chief Justice Earl Warren, says U.S. District Judge Lynn Adelman of the Eastern District of Wisconsin.

  • Decoupling From China: Part 3 — Oversight And The Election

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    Attorneys at WilmerHale examine the scrutiny U.S. businesses spending COVID-19 relief funds in China will likely face, the upward trajectory of China-focused congressional investigations, and how the U.S. presidential election will affect relations with China.

  • What A Trump Or Biden Win Will Mean For State AGs

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    The outcome of the presidential election will have significant consequences on cooperation between federal agencies and state attorneys general, but either way robust multistate investigations — especially in the consumer protection space — will continue, says Sean Riley at Cozen O'Connor.

  • Decoupling From China: Part 2 — Security Requirements

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    Attorneys at WilmerHale discuss security requirements and export controls protecting U.S. technologies and supply chains, and the potential impact efforts to separate the U.S. and Chinese economies could have on international trade.

  • Persuasion Skills Attys Can Learn From Political Speeches

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    The tools of powerful political speeches — those with soaring rhetoric that convinces and moves listeners — can be equally applicable to oral advocacy, case strategy and brief writing, say Lauren Papenhausen and Julian Canzoneri at White & Case and former presidential speech writer Dave Cavell.

  • Opinion

    Arrest Record Standards Must Evolve To Make Hiring Fairer

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    Because arrest records are often misleading litmus tests for employability, the government must omit arrests that don't lead to conviction, develop automatic expungement processes, and make it easier for citizens to access, question or challenge public files, says Rebecca Rapp at Ascendium Education Group.

  • Decoupling From China: Part 1 — Legislation And Funding

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    Attorneys at WilmerHale consider how federal funding and the Committee on Foreign Investment in the United States' expanded authority are advancing the national imperative to end U.S. dependence on China for strategically important materials, components and products.

  • Opinion

    Courts, Regulators Should Limit Excessive Privacy Penalties

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    Courts and regulators should embrace Federal Trade Commission member Noah Phillips’ opposition to the agency’s recent $4 million penalty against a mobile game developer for alleged child privacy violations and refrain from seeking penalties disproportionate to the harm caused, say attorneys at Orrick.

  • Opinion

    Reflections On My 1st Judicial Election Amid Racial Tensions

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    Former Georgia Supreme Court Chief Justice Robert Benham looks back at the racial barriers facing his first judicial campaign in 1984, and explains how those experiences shaped his decades on the bench, why judges should refrain from taking political stances, and why he was an early supporter of therapeutic courts that deal with systemic problems.

  • Weighing Litigation Vs. Arbitration Amid Court Disruptions

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    Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.

  • How Attys Can Guard Against Rising Settle-And-Sue Claims

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    Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

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