Cybersecurity & Privacy

  • June 24, 2020

    Feds Link Julian Assange To Hacking Group Anonymous

    A Virginia federal grand jury on Wednesday returned a second superseding indictment against WikiLeaks founder Julian Assange, this time adding accusations he recruited and worked with hackers affiliated with prominent hacking groups Anonymous and LulzSec, according to the justice department.

  • June 24, 2020

    Instagram Celeb's Luxury Cannabis Co. Hit With TCPA Suit

    Instagram personality Dan Bilzerian's luxury cannabis brand Ignite is the latest target of a proposed Telephone Consumer Protection Act class action, a type of suit that has become a familiar headache for the nascent industry.

  • June 24, 2020

    EU Privacy Cops Urged To More Consistently Enforce GDPR

    The European Union's landmark General Data Protection Regulation has given individuals more control over their personal data and has prompted companies to boost their privacy protections, but work is still needed to ensure that the law is being enforced consistently and vigorously, the European Commission said Wednesday.

  • June 24, 2020

    Advocates Link Tech Liability Shield To Civil Rights

    House lawmakers probed the role Section 230 immunity plays in fostering civic discourse on web platforms during a Wednesday hearing, as the law's original authors separately warned against using their legislation to undercut free speech online.

  • June 24, 2020

    Flynn Case Raises Questions Of Appellate Courts' Power

    An appellate panel's decision ordering a judge to dismiss charges against former national security adviser Michael Flynn could face review by the full D.C. Circuit over issues of judicial authority and questions about whether the appeals court overstepped its own bounds.

  • June 24, 2020

    Ex-Stone Prosecutor Says DOJ Cut Trump Confidant A 'Break'

    A federal prosecutor who helped get Roger Stone convicted told lawmakers Wednesday the U.S. Department of Justice violated ethical norms by pressuring career staffers to cut the Trump adviser a "break" and slash their recommendation for prison time.

  • June 24, 2020

    Judge Skeptical Of DOJ Support For Stone's Prison Delay Bid

    A D.C. federal judge has given the U.S. Department of Justice until Thursday to explain its reason for backing Roger Stone's request to delay his prison surrender date until early September, a move coming on the heels of mounting accusations of political interference at the agency.

  • June 24, 2020

    Boston Votes To Ban Gov't Use Of Facial Recognition

    Boston's City Council on Wednesday unanimously voted to ban the city government from using facial recognition software, becoming the second-largest U.S. city to bar the use of a technology that more than one study has shown is error-prone in identifying people with darker skin.

  • June 24, 2020

    GOP Senate Bill Would Ban 'Warrant-Proof Encryption'

    Three GOP senators have introduced a bill that seeks to end the use of "warrant-proof" encryption, saying the legislation would ramp up national security against bad actors by allowing law enforcement a way to access their encrypted communications.

  • June 24, 2020

    Facebook Tries To Ice Investor's Bid To See FTC Deal Records

    An attorney for Facebook warned a Delaware vice chancellor Wednesday that corporate attorney-client privilege could suffer broadly if a pension fund investor gets access to withheld board documents and emails related to founder Mark Zuckerberg's avoidance of liability in a $5 billion privacy breach settlement with the Federal Trade Commission.

  • June 24, 2020

    Ex-Nurse's Suit Over Hand Scans Sent Back To Ill. State Court

    An Illinois federal judge on Wednesday said the mere possibility that union members could be included in a nursing home worker's proposed class isn't enough to give the court subject matter jurisdiction over her hand scan biometric privacy claims.

  • June 24, 2020

    How Trump Forever Changed Judicial Nominations

    President Donald Trump notched his 200th confirmation to the federal courts faster than any predecessor in the last 40 years, cementing a conservative imprint that will last for decades and redefining the judicial selection process in ways likely to outlast his administration.

  • June 24, 2020

    DC Circ. Nixes Charges Against Ex-Trump Adviser Flynn

    The D.C. Circuit ordered charges against Michael Flynn dismissed Wednesday, saying the trial court had overstepped its authority by probing prosecutors' motivations for dropping the case against Donald Trump's former national security adviser.

  • June 24, 2020

    10K EasyJet Customers Sign Up For Data Breach Suit

    Ten thousand claimants have joined a group action lawsuit seeking damages from budget airline EasyJet after it was hit by a cyberattack, lawyers said Wednesday as they described it as the U.K.'s biggest-ever mass lawsuit over personal data.

  • June 23, 2020

    NSO Group Spyware Reportedly Used On Moroccan Journalist

    Amnesty International has said that Moroccan officials likely used software developed by Israeli security firm NSO Group to target a Moroccan journalist, the latest in a series of allegations against the company.

  • June 23, 2020

    Credit Karma Wants Out Of TCPA Suit Over Security Texts

    Credit Karma is pressing a California federal judge to toss a putative class action accusing it of unlawfully disseminating unsolicited text messages, arguing that there's no evidence that the disputed security verification messages were sent using an autodialer or that the plaintiff had suffered any harm.

  • June 23, 2020

    Probes Done, No Rulings In Irish Facebook, WhatsApp Cases

    Ireland's data protection watchdog said Tuesday that it had finished probes into both Facebook and its subsidiary WhatsApp's compliance with EU privacy law, but it remains unclear when it will issue decisions in the closely watched cases.

  • June 23, 2020

    NJ Justices To Review Class Claims Over PC Richard Receipts

    The New Jersey Supreme Court will examine whether lower courts got it wrong in rejecting class claims that P.C. Richard & Son LLC exposed its customers to identity theft and credit or debit card fraud by printing too much information on their receipts, according to an order made available Tuesday.

  • June 23, 2020

    Stone Prosecutor Says DOJ Politicized Case Amid Trump Ties

    A federal prosecutor who helped secure a guilty verdict against Roger Stone is set to tell Congress on Wednesday that officials "from the highest levels" of the U.S. Department of Justice intervened and gave "unprecedentedly favorable treatment" to Stone ahead of sentencing because of his longtime relationship with President Donald Trump.

  • June 23, 2020

    DOJ Takes 'Strained' Approach To CDA Antitrust Immunity

    The U.S. Department of Justice is ramping up the pressure on online platforms that conservatives have accused of censorship, but in looking for examples for why a key immunity from most lawsuits shouldn't apply to antitrust claims, critics say the agency appears to be grasping.

  • June 23, 2020

    Nevada Pot Shop Slams 'Cut-And-Paste' TCPA Suit

    A Las Vegas cannabis dispensary has told a California federal court that a proposed class action alleging it sent unwanted marketing texts has no business in the Golden State, blasting the suit as a "cut-and-paste" job that skates past basic jurisdictional requirements.

  • June 23, 2020

    Fisher Phillips Adds Workplace Privacy Partner In Denver

    Fisher Phillips bolstered its presence in the western U.S. with the addition of a privacy law expert who said he was drawn to the labor and employment firm in part by the racial diversity of its partners.

  • June 23, 2020

    Germany Can Enforce Facebook Data Collection Order

    Germany's high court has dealt Facebook a blow in a landmark case that connects privacy and antitrust concerns, allowing the country's competition authority to enforce an order requiring the social network to change the way it collects user data.

  • June 23, 2020

    Full 9th Circ. Won't Reconsider Facebook Wiretap Ruling

    The full Ninth Circuit on Tuesday shot down Facebook's request to reconsider a panel's ruling that users could move forward with several wiretap and privacy claims, refusing to take another look at the company's argument that the panel's finding conflicts with precedent and "fundamentally" alters the meaning of wiretapping.

  • June 22, 2020

    Huawei, ZTE Curbing Telecom Innovation, Think Tank Says

    China's telecom equipment industry, led by Huawei and ZTE, sits at the top of the global food chain thanks to help from the country's government, without which the companies would have no more than a "de minimis" share of the market, according to a new report.

Expert Analysis

  • 5 Ways Health Cos. Can Reduce Pandemic Cybersecurity Risk

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    Health care companies with newly remote workforces that are increasingly the target of cyberattacks should take several protective measures beyond merely implementing the patching recommendations suggested by a recent federal government cybersecurity alert, say Elliot Golding and Kristin Bryan at Squire Patton.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • Opinion

    Contact Tracing Shouldn't Upend 4th Amendment Protections

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    To comport with the Fourth Amendment, the proposed COVID-19 Consumer Data Protection Act — which concerns contact tracing — must explicitly prohibit the transmission of geolocation data to law enforcement and include a private right of action, says criminal defense attorney Lara Yeretsian.

  • Health Litigation Trends To Watch Now And After COVID-19

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    COVID-19 presents a number of immediate challenges for health care providers and payers, as well as increased litigation related to standard-of-care issues, data breach risks and other concerns that will extend beyond the end of the pandemic, say attorneys at Manatt Phelps.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Pandemic May Prompt Evolution Of IT Outsourcing

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    As companies transition out of lockdown from the pandemic, information technology outsourcing will see shifts in service locations, regulation, cybersecurity and contractual clauses, says Amy Levin at Seyfarth.

  • COVID-19 Mitigation May Trigger New Tech Export Restrictions

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    Companies that implement advanced technology to address pandemic-related concerns when they reopen must first determine whether U.S. export controls on new technologies and critical supplies apply, and may need to expand compliance programs accordingly, say attorneys at Thompson Hine.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Considerations For Employers Using Virus Prevention Tech

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    Use of mobile apps may enhance COVID-19 prevention and remediation in the workplace but also comes with privacy, safety and labor law compliance risks worth evaluating, say attorneys at Epstein Becker.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Latest ETF Rejection Further Entrenches SEC's Bitcoin Rift

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    The U.S. Securities and Exchange Commission’s recent rejection of another bitcoin exchange-traded fund reveals competing views over the agency’s power to protect investors from unregulated financial markets and the need for such protection, as cryptocurrency asset managers continue to look for ways to bring a bitcoin ETF to market, say attorneys at Quinn Emanuel.

  • How Licensing Affects Patent Damages Apportionment: Part 3

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    A key component of a successful damages theory based on prior licenses — as demonstrated in two recent federal trials — is support from a technical expert who can identify comparable agreements and offer a technology-based methodology for apportionment, say Laurie Stempler at Desmarais and Dominic Persechini at Intensity.

  • Key Insights From DOJ Revised Corporate Compliance Guide

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    Prosecutors and forward-looking companies should carefully attend to new U.S. Department of Justice guidance issued Monday, which brings changes to such core compliance areas as the value of data, the evolution of compliance programs, and foreign legal considerations, say Alejandra Montenegro Almonte and Ann Sultan at Miller & Chevalier.

  • Opinion

    If The DOD Wants Ligado's Spectrum, It Should Buy It

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    The U.S. Department of Defense should stop blocking Ligado Networks' 5G network due to concerns it interferes with the department's GPS, and should instead pay the opportunity cost to buy Ligado's spectrum, say Thomas Lenard at the Technology Policy Institute and Lawrence White at the NYU Stern School of Business​​​​​​​.

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