Cybersecurity & Privacy

  • November 16, 2020

    Esports Insiders Point To Growing Employment Concerns

    Esports industry sources continue to view intellectual property and cybersecurity issues as top legal risks, but cyberbullying and labor and employment are increasingly emerging as areas of concern, a Foley & Lardner LLP survey released Tuesday reveals.

  • November 16, 2020

    McGahn Says Incoming Congress Will Moot House Subpoena

    Ex-White House lawyer Don McGahn told the D.C. Circuit on Monday that when the current Congress ends in January, the subpoena seeking to force him to testify about President Donald Trump's alleged attempts to impede the investigation into 2016 election interference will expire.

  • November 16, 2020

    IPhone Tracking System Draws EU Privacy Complaints

    Apple is breaching the European Union's electronic privacy rules by tracking iPhone users' browsing activity without their consent in order to deliver targeted advertising, a prominent consumer advocacy group alleged in a pair of complaints filed with regulators in Germany and Spain on Monday.

  • November 16, 2020

    GC Role Evolving As Pandemic, Other Issues Bring Changes

    The role of the general counsel continues to change — and in many cases expand — in 2020, as the majority of top corporate lawyers during the pandemic manage employee well-being and worry about privacy and data protection, according to a new study shared with Law360 on Monday.

  • November 16, 2020

    NJ Legislature OKs Judge Protections After Salas Shooting

    The New Jersey Legislature on Monday unanimously passed a bill that would bar the online posting of judges' and prosecutors' home addresses or phone numbers after a shooting at the residence of U.S. District Judge Esther Salas left her son dead and husband wounded, sending the measure to Gov. Phil Murphy for his consideration.

  • November 16, 2020

    Nonmonetary Deal Over Facebook Cyberattack Wins Approval

    A California federal judge has signed off on a settlement resolving claims that Facebook negligently allowed a 2018 cyberattack that affected 29 million users, with the tech giant agreeing to reform its security protocols but not pay monetary damages.

  • November 16, 2020

    14 Firms To Steer 10 IPOs In Pre-Thanksgiving Rush

    Fourteen law firms plan to steer 10 initial public offerings that could raise nearly $4 billion combined in the last full week of market activity before Thanksgiving, including two health care-related businesses eyeing billion-dollar-plus IPOs.

  • November 16, 2020

    IRS Crime Unit Reports $2.3B In Tax Fraud Amid Virus

    Internal Revenue Service criminal investigators identified more than $10 billion in financial crimes, including $2.3 billion in tax fraud as well as cases tied to COVID-19, in the government's most recent fiscal year, the agency said in a report Monday.

  • November 16, 2020

    Losses In $6M Phishing Suit Were Indirect, Insurers Argue

    Two insurance companies have asked a Texas federal court to throw out RealPage Inc.'s suit accusing them of wrongfully denying coverage on the software firm's claims of $6 million in losses due to a phishing scheme, arguing they're not liable because the losses were indirect.

  • November 16, 2020

    EU Board Advises Companies On International Data Transfers

    The European Union's data protection regulators have issued guidance to assist companies in transferring data to other countries while complying with the EU's landmark General Data Protection Regulation, months after the EU's top court invalidated a popular tool used to transfer data across the Atlantic.

  • November 13, 2020

    DHS Flags Becton Medical Pump For Cybersecurity Issues

    Medical tech producer Becton Dickinson & Co.'s Alaris infusion pump has cybersecurity weaknesses that, if exploited, could force users, typically hospitals, to operate them manually, the U.S. Department of Homeland Security announced Friday.

  • November 13, 2020

    ViSalus Says Lack Of Harm Dooms $925M Robocall Award

    Health supplement maker ViSalus is doubling down on its bid to ax a $925 million statutory damages award it's facing after an Oregon federal jury found it placed nearly two million unsolicited robocalls, arguing that no consumers suffered any "true harm or injury" that would warrant such a "devastating" judgment. 

  • November 13, 2020

    Gov't Fights ACLU's Appeal In Spy Court Secrecy Case

    The federal government has urged the Foreign Intelligence Surveillance Court's appeals branch not to revive the American Civil Liberties Union's case urging the spy court to declassify certain court decisions, saying it doesn't have the authority to decide the case.

  • November 13, 2020

    Capital One Can't Drop Data Breach Suit, Court Told

    Capital One shouldn't be allowed to score a quick win on some of the allegations in a proposed class action over a massive data security breach that allegedly affected more than 100 million of its customers in the U.S., members of the putative class said Friday.

  • November 13, 2020

    Russia, North Korea Accused Of Hacking Vaccine Research

    Hackers linked to the Russian and North Korean governments have launched recent cyberattacks on "prominent" pharmaceutical companies and other institutions researching vaccines and treatments for COVID-19, Microsoft said Friday.

  • November 13, 2020

    Trump Gives TikTok 15 More Days To Fix Security Issues

    The Trump administration gave the Chinese owner of popular short-form video app TikTok an extra 15 days to resolve national security issues with the platform before it's forced to sell the app, the company told the D.C. Circuit Friday.

  • November 13, 2020

    Manufacturer Must Face Suit Over Worker's Biometric Data

    An Illinois federal judge ruled Thursday that medical and agricultural equipment maker Brandt Industries must face a former employee's finger scan privacy suit, allowing his claims under Illinois' landmark biometric privacy law to move forward.

  • November 13, 2020

    Former Senate Chief Investigative Counsel Returns To Venable

    The former chief investigative counsel to the U.S. Senate Commerce Committee returned to Venable LLP as a partner in Washington, D.C., focusing on e-commerce, privacy and cybersecurity.

  • November 13, 2020

    FCC Urged To Reject Fax Broadcaster Liability Challenge

    Akin Gump has urged the Federal Communications Commission to turn down an auto company's request to take a closer look at a September ruling that only broadcasters of junk faxes, not unknowing advertisers, are liable under the Telephone Consumer Protection Act.

  • November 13, 2020

    Ticketmaster Fined £1.25M After Customers Exposed To Fraud

    Britain's data protection regulator said on Friday that it has fined Ticketmaster £1.25 million ($1.65 million) for failing to secure its customers' personal details, exposing tens of thousands of account-holders at Barclays Bank to fraud.

  • November 12, 2020

    Atlanta Law Firms Deny Conflict In Georgia Election Suits

    Atlanta-based law firms Taylor English Duma LLP and Robbins Ross Alloy Belinfante Littlefield LLC on Thursday denied an alleged conflict of interest over their involvement in representing Georgia election officials in one voting suit and the Donald Trump campaign and Georgia Republicans in another.

  • November 12, 2020

    Legal Services Biz Can't Skip Out On Data Breach Suit Yet

    A California federal judge has refused to dismiss a proposed class action against legal services company Epiq Systems Inc. over a recent data breach, but signaled he may be willing to dismiss it in the future depending on what discovery reveals.

  • November 12, 2020

    BBQ Chain Didn't Protect 3M Credit Card Nos., Customers Say

    Two customers have sued Dallas-based Dickey's Barbecue Pit in California federal court over a data breach, saying the restaurant chain failed to prevent cyberthieves from stealing their credit card numbers and belatedly revealed that their personal identifying information is being sold on the black market.

  • November 12, 2020

    Commerce Puts TikTok Restrictions On Hold

    The U.S. Department of Commerce announced Thursday that it will hold off on new restrictions against TikTok in the wake of a court ruling that slammed the brakes on the administration's plans to effectively ban the Chinese-owned social media network.

  • November 12, 2020

    Ill. Del Monte Workers Say Facial Scans Violate Privacy Rights

    Del Monte Foods Inc. has been hit in state court with proposed class claims that the company has violated its Illinois workers' biometric privacy rights by requiring them to scan their faces to track work time without first obtaining their informed consent.

Expert Analysis

  • Opinion

    Don't Rush To Judgment On Election Cyberattack Attribution

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    Before jumping to conclusions on the likely perpetrators of election cyberattacks, consider data breaches' intricate anatomy, the circumstantial nature of digital forensic evidence, and the extraordinary level of guesswork involved, says cybersecurity consultant John Reed Stark.

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Employer Compliance Reminders As FCRA Class Actions Rise

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    Contrary to predictions of a slowdown following the U.S. Supreme Court’s 2016 Spokeo ruling, Fair Credit Reporting Act class actions targeting the hiring process are accelerating under new theories of liability, but employers can avoid becoming a target with routine form audits and background check vendor scrutiny, say attorneys at Hunton.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • Cos. Should Assess Risks Of COVID-19 Biometric Tech

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    As the pandemic accelerates the adoption of biometric technology, companies thinking about using or developing it should assess their litigation risk under disparate state laws regarding data use and storage, say Nicola Menaldo and Alison Caditz at Perkins Coie.

  • DOD Contractor Cybersecurity Rule Brings New FCA Risks

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    The U.S. Department of Defense interim rule for assessing government contractor implementation of cybersecurity requirements could implicate two distinct theories of False Claims Act liability and creates a positive incentive to bolster cyber defenses, say attorneys at Rogers Joseph.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • Charter TCPA Ruling May Benefit Cos. Facing Robocall Claims

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    A first-of-its-kind ruling from a Louisiana federal court in Creasy v. Charter Communications — holding that Telephone Consumer Protection Act robocall violations occurring within a certain time frame are unenforceable — could be fatal to hundreds of class actions alleging autodialer violations, says Scott Shaffer at Olshan Frome.

  • Brazilian Data Protection Law's Impact On US Financial Firms

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    In this brief video, Flavia Rebello at Trench Rossi and Daniela Fonseca Puggina at Baker McKenzie explain why U.S. financial institutions that do not have a presence in Brazil should still be up to speed with its newly effective General Data Protection Law to avoid potential issues with Brazilian regulators and courts.

  • 5 Cost-Cutting Strategies For Corporate Legal Departments

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    To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

  • Guest Feature

    Preparing The Next Generation Of Female Trial Lawyers

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    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • Guest Feature

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

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    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • Calculating FCA Damages From PPP Fraud May Be Tricky

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    The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

  • How A Biden Administration Would Shape IP Policy

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    While Democratic presidential nominee Joe Biden's intellectual property agenda would likely strengthen patent rights and international trade secret enforcement, proposals to drastically reduce employee noncompete and no-poach agreements could weaken protections domestically, say Charles Barquist and Maren Laurence at Maschoff Brennan.

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