Cybersecurity & Privacy

  • November 12, 2020

    Apple Can't Duck Facial Recognition Privacy Class Action

    An Illinois federal judge on Thursday refused to let Apple Inc. escape a class action alleging that it violates state law through its facial recognition software, finding that the proposed class' allegations that the company illegally collects and stores face scans can proceed.

  • November 12, 2020

    Watchdog Finds Prosecutors, Police Guilty Of Data Breaches

    Police officers and staff at the Crown Prosecution Service committed an "unacceptable" level of data breaches in which casework and the personal details of witnesses were disclosed, according to a regulator's report published on Thursday.

  • November 11, 2020

    Telecoms Can't Tick Consent Box For Consumers, ECJ Says

    Consumers cannot consent to disclose their personal data to telecoms providers if a company selects the opt-in box before they see the contract, Europe's top court ruled on Wednesday.

  • November 10, 2020

    Biden Picks BigLaw Privacy Pros For DHS, DOJ Review Teams

    The leaders of the cybersecurity and privacy practices at Mayer Brown LLP and Paul Hastings LLP are among the experts that President-elect Joe Biden's transition team announced have been tapped to help shape the future course of the U.S. Departments of Homeland Security and Justice. 

  • November 10, 2020

    TikTok Asks DC Circuit To Block Trump's Divestment Order

    TikTok parent ByteDance asked the D.C. Circuit to review a Trump administration order that could force the parent to divest the popular Chinese-owned video-sharing app by Thursday, noting that it is in the middle of negotiations with Oracle and Walmart and has gotten mixed information from the administration.

  • November 10, 2020

    Calif. AG Among Possible Picks For DHS Head, Senate Seat

    California Attorney General Xavier Becerra is a strong contender for the U.S. Department of Homeland Security secretary role in the incoming Joe Biden administration and for the U.S. Senate seat left open by Vice President-elect Kamala Harris, experts tell Law360.

  • November 10, 2020

    Twitter Investors' Securities Fraud Suit Meets Skeptical Judge

    A California federal judge said during a video hearing that she's inclined to dismiss a putative class action brought by Twitter investors alleging that the social media giant failed to disclose problems with its targeted advertising feature, leading to a decline in revenue and a drop in stock prices.

  • November 10, 2020

    FCC Told To Halt 'Controversial' Work Until Biden Takes Office

    House Democrats have asked the Federal Communications Commission to press pause on any "controversial" or "partisan" rulemakings until President-elect Joe Biden's administration takes office.

  • November 10, 2020

    FCC, FTC Commissioners Share Big Tech Privacy Concerns

    Two Republican commissioners from the Federal Communications and Trade commissions spoke out on their concerns over data privacy and Section 230 — a federal internet liability shield that protects social media platforms from lawsuits over user-posted content — during a Tuesday panel on social media regulations hosted by the Federalist Society.

  • November 10, 2020

    UK Users Dropped From Facebook Privacy MDL

    A California federal judge on Tuesday dropped British plaintiffs from multidistrict litigation over the Cambridge Analytica data privacy scandal, finding a new forum selection clause allows them to pursue claims against Facebook in their home courts in the U.K.

  • November 10, 2020

    Ill. Workers Say Scaffolding Co.'s Finger Scans Invade Privacy

    One of the world's largest formwork and scaffolding manufacturers is violating its Illinois workers' biometric privacy rights by collecting finger scan data without their informed consent, a company employee alleged in a proposed class action filed in state court. 

  • November 10, 2020

    Wawa Says Security Standards Bar Data Breach Claims

    Wawa Inc. told a Pennsylvania judge during arguments on Tuesday that contracts governing security protocols for credit and debit card information barred a group of financial institutions from pursuing common law negligence claims over a data breach at the convenience store chain.

  • November 10, 2020

    Zendesk Escapes Securities Claims Over 2016 Data Breach

    A California federal judge dismissed a putative securities class action accusing software company Zendesk of concealing a 2016 data breach, but is giving investors another chance to amend their claims.

  • November 09, 2020

    Carter Page Files New Damages Claims Over FBI Surveillance

    Former Trump campaign adviser Carter Page has lodged new administrative claims seeking damages for the FBI's contentious surveillance of him, the government disclosed to the U.S. Foreign Intelligence Surveillance Court in a recent filing.

  • November 09, 2020

    BCLP Snags Privacy Partner From Baker McKenzie

    International law firm Bryan Cave Leighton Paisner LLP announced Monday that it has hired privacy and cybersecurity specialist Amy de La Lama from Baker McKenzie to join its Boulder, Colorado, office as a partner to lead its global data privacy and cybersecurity team.

  • November 09, 2020

    Terminix Hit With Class Action Over Worker Data Breach

    Terminix Global Holdings Inc.'s September data breach exposed the personal information of more than 14,000 of its current and former workers thanks to the negligent disregard of Federal Trade Commission guidelines, a former Terminix worker said in a Tennessee federal court putative class action complaint.

  • November 09, 2020

    Facebook Gets Targeted Ad Campaign Class Action Trimmed

    A California federal judge on Friday tossed for good certain equitable relief claims in an advertiser's proposed class action alleging Facebook deceptively promises that advertisers can choose targeted audiences for ad campaigns, but allowed those claims to proceed if they are based on future harm.

  • November 09, 2020

    FTC, Zoom Reach Deal To Settle Claims Over Security Failings

    Zoom agreed Monday to boost its data security practices to resolve Federal Trade Commission claims that it deceived users about its encryption and secretly installed software that circumvented a browser security safeguard, as the agency's two Democratic commissioners blasted the deal for not going far enough.

  • November 09, 2020

    Zoll Medical Sues Security Co. Over Major 2018 Data Breach

    Medical device maker Zoll Medical Corp. hit Barracuda Networks Inc. with a suit in Massachusetts federal court Friday, alleging the California-based information technology security company failed to put in place adequate safeguards to prevent a 2018 data breach that exposed the confidential information of more than 277,000 patients.

  • November 08, 2020

    Biden Term Could Spell Sanctions, Boost Data Transfer Deal

    Joe Biden's presidency could lead to tougher sanctions for state-backed actors who target the U.S. with cyberattacks and carve out an easier path for a key trans-Atlantic data transfer deal, industry experts say.

  • November 08, 2020

    CFIUS Under Biden Will Quietly Keep Nose To The Grindstone

    The Committee on Foreign Investment in the United States will push forward in examining mergers and acquisitions that involve foreign investors to determine whether they raise national security concerns, but experts say CFIUS under President-elect Joe Biden will do its work with less fanfare than it had under President Donald Trump.

  • November 07, 2020

    Biden Win May Lead To First Black Female Justice

    President-elect Joe Biden's victory makes his promise of appointing the nation's first African American woman to the U.S. Supreme Court that much closer to reality, although whether he succeeds will likely come down to who has control of the Senate. Here, Law360 looks at some of the potential candidates.

  • November 07, 2020

    High Court Expansion Unlikely After Tight Election

    Democratic calls for President-elect Joe Biden to "pack" the U.S. Supreme Court appear to be dead on arrival with Democrats still struggling to gain even 50 votes in the chamber in this year's election, likely protecting the court's 6-3 conservative supermajority for the foreseeable future.

  • November 07, 2020

    Biden's Win Means Big Business For BigLaw

    BigLaw is likely to see a boom in business under Joe Biden's presidency, with attorneys and law firm leaders anticipating a bevy of new federal regulation and enforcement actions that will have clients calling for advice.

  • November 07, 2020

    Biden Beats Trump At The Polls As Court Battles Continue

    Former Vice President Joe Biden collected enough electoral votes to secure the presidency Saturday, but looming recounts and President Donald Trump's multiple legal challenges threaten to extend the fight for the White House.

Expert Analysis

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Complying With DOD's Contractor Cybersecurity Rule

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    Tina Reynolds at MoFo unpacks the U.S. Department of Defense interim rule for measuring compliance with its cybersecurity processes, highlighting how contractors will be assessed, what constitutes protected information, steps to take now and open questions that may require future guidance.

  • DOJ Guidance, Indictment Suggest Expanding Crypto Focus

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    Read together, the U.S. Department of Justice's recently released cryptocurrency guidance and unsealed BitMEX indictment send a strong message that the government is expanding efforts to combat use of digital assets and blockchain technology for criminal purposes, say Benjamin Klein and Deborah Meshulam at DLA Piper.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • 4 Steps To Identify Cybersecurity Risks In M&A Due Diligence

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    In light of additional data breach risks resulting from COVID-19 shutdowns and remote working, having a comprehensive understanding of a target company's cybersecurity risk profile early in the M&A deal process is crucial to increasing transparency, facilitating negotiations and mitigating the risk of unforeseen attacks, says Jennifer Tsai at Kira Systems.

  • States' Evolving Patchwork Of Insurance Data Security Laws

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    With key differences in state approaches to insurance data security regulation beginning to emerge, even small and bank-affiliated insurance entities that are granted partial exemptions in some jurisdictions will likely have to develop information security programs eventually, say attorneys at McIntyre & Lemon.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

  • 4 Compliance Tips Amid Increased Ransomware Scrutiny

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    In light of two new U.S. Treasury Department advisories signaling increased oversight of ransomware payments, victim companies and their third-party response teams considering making payments should follow certain due diligence and compliance best practices, say attorneys at Squire Patton.

  • 11th Circ. Ruling Threatens Class Rep Incentive Awards

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    Following the Eleventh Circuit's recent finding in Johnson v. NPAS Solutions that incentive awards improperly confer a benefit on class representatives, litigants should expect more challenges to such settlement provisions and closer scrutiny from courts, say Peter Morrison and Zack Faigen at Skadden.

  • Nigerian Oil Spill Ruling Shows Limits Of UK Class Actions

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    The High Court of Justice of England and Wales recently required thousands of Nigerians suing Shell in London over an oil spill to provide individual evidence of damage and individual defenses in Jalla v. Shell, illustrating how U.K. class action claimants must truly have a common interest, say attorneys at Signature Litigation.

  • What Hiring Law Firms Should Consider Instead Of Grades

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    With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

  • How To Navigate A Hardening D&O Insurance Market

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    The directors and officers liability insurance market's shift toward favoring sellers, coupled with the potential surge of lawsuits against companies as a result of COVID-19's economic impact, increases the importance of mitigating risks by reexamining existing D&O coverage, say attorneys at Jenner & Block.

  • Series

    Judging A Book: Schroeder Reviews 'Collegiality'

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    Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.

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