Cybersecurity & Privacy

  • November 06, 2020

    Google Won't Move To Dismiss DOJ's Landmark Antitrust Suit

    Google told a D.C. district court Friday that it will not file a motion to dismiss a landmark suit by the Justice Department and a group of states accusing the internet giant of illegally maintaining its monopolies over search and search advertising, saying it will instead answer the complaint by Dec. 21.

  • November 06, 2020

    Calif. Dispensary Mr. Nice Guy Slapped With TCPA Class Suit

    Monex Place Wellness Inc. is the latest cannabis dispensary to be hit with a proposed class action for alleged violations of the Telephone Consumer Protection Act, in a suit filed Thursday in California federal court alleging the company engaged in "aggressive unsolicited marketing, harming thousands of consumers in the process."

  • November 06, 2020

    GE, Canon Want To Arbitrate Data Breach Litigation

    General Electric Co. and a Canon Inc. subsidiary that GE used to store benefits files have asked a New York federal judge to push into arbitration a class action filed by ex-GE employees whose direct deposit forms and other information were exposed in a data breach.

  • November 06, 2020

    Trump Has Limited Tools To Push Back Against Social Media

    President Donald Trump fired off a missive in the wee hours Friday suggesting yet again that social media platforms should be punished for labeling his tweets about vote counts as misleading and hiding a number of his posts.

  • November 06, 2020

    Macy's Ducks Suit Over 2019 Data Breach

    A Massachusetts federal judge has tossed a proposed class action over Macy's Inc.'s 2019 data breach, finding that the Massachusetts man behind the suit did not sufficiently allege he faced impending risk of identity theft from the breach or that his personal information was misused.

  • November 05, 2020

    Traders Settle SEC Hack Suit For Less Than Alleged Wins

    Two men accused of raking in nearly $2 million off trades made using information gained by a hacker's infiltration of the U.S. Securities and Exchange Commission's EDGAR electronic filing system have agreed to pay a combined $425,000 to escape the agency's civil suit, the SEC said in New Jersey federal court Thursday.

  • November 05, 2020

    Mass. Broadens Vehicle Data Access Despite Privacy Worries

    Voters in Massachusetts have overwhelmingly backed a measure that will expand access to vehicles' mechanical data, Michigan residents endorsed a push to require law enforcement to obtain warrants for electronic data; and those living in Portland, Maine, agreed to allow individuals to sue over violations of the city's facial recognition software ban.

  • November 05, 2020

    Fed Tells Consumers Capital One Breach Report Is Off-Limits

    The Federal Reserve System's board of governors has fired back at the proposed class suing Capital One over last year's data breach, telling the consumers that the Fed has already cooperated with earlier requests and that anything further would violate the regulator's privileged relationship with Capital One.

  • November 05, 2020

    Here's How Law Firms Can Ward Off Disgruntled Atty Leaks

    As Cole Schotz PC grapples with the fallout of a breach of client information caused by a disgruntled former associate, other law firm leaders are likely reexamining their own information security policies, which experts say in many cases leave a good deal of room for improvement.

  • November 05, 2020

    DHS Settles Atty Fee Fight After Losing No-Fly Dispute

    A Muslim woman wrongfully placed on the government's no-fly list and the U.S. Department of Homeland Security have reached a settlement over her effort to collect attorney fees from her yearslong legal battle and bench trial win, according to a joint motion filed Wednesday in California federal court.

  • November 05, 2020

    Calif. Toll Roads Ink $176M Deal To End Drivers' Privacy Row

    California motorists have told a federal court that they've reached a pair of deals worth approximately $176 million to end certified class claims that Orange County toll operators misused drivers' personal information and flouted state privacy laws to collect unpaid tolls and assess fines.

  • November 05, 2020

    Barstool 'Secret' Taping Case Heads To Mass. Top Court

    Massachusetts' top appellate court said it will review a case over whether a recorded telephone interview between a Barstool Sports podcast host and a local city mayor runs afoul of a law prohibiting secret recordings if one party fraudulently obtains consent for taping.

  • November 05, 2020

    Robbins Geller Nabs Lead In Zoom Shareholder Litigation

    A California federal judge appointed a Robbins Geller client as lead plaintiff in consolidated securities litigation against Zoom, after ruling Wednesday that the timing of a competing plaintiff's stock sales drastically capped their potential recoverable damages.

  • November 05, 2020

    Fintech Cos. Envestnet, Yodlee Look To Ax Privacy Suit

    Financial data aggregator Yodlee Inc. and parent company Envestnet Inc. on Wednesday filed dual motions to dismiss a putative class action, asking a California federal judge to toss the complaint that alleges Yodlee secretly collects and sells highly sensitive banking data from tens of millions of users.

  • November 05, 2020

    Insurer Seeks To Duck Janitorial Co.'s BIPA Coverage Suit

    Twin City Fire Insurance Co. urged an Illinois federal judge to grant it an early win in a dispute over the insurer's duty to defend a janitorial company in two suits alleging violation of the state's biometric privacy law, arguing that the policy does not cover the underlying claims.

  • November 05, 2020

    Data Watchdog Defends Record As 68% Of Fines Go Unpaid

    Britain's data regulator defended its record on Thursday after an SMS service provider claimed that it is failing to collect fines against companies that breach its rules.

  • November 04, 2020

    Trump Unleashes Barrage Of Lawsuits In Battleground States

    With a path to electoral victory narrowing, President Donald Trump unleashed an onslaught of lawsuits and challenges Wednesday, suing to stop vote counting in Pennsylvania, Michigan and Georgia, promising to demand a recount in Wisconsin, and joining a U.S. Supreme Court suit over mail-in ballots.

  • November 04, 2020

    AGs Urge FCC To Broaden Some Robocall Exemptions

    The attorneys general of Michigan and Mississippi have told the Federal Communications Communication that it should expand certain exemptions to anti-robocall rules to ensure people get communications they actually want.

  • November 04, 2020

    Credit Unions Win Class Cert. In Sonic Data Breach MDL

    An Ohio federal judge this week granted certification to a class of U.S. banks, credit unions and financial institutions that were forced to reissue credit cards or reimburse customers when hackers stole personal information in a 2017 data breach at hundreds of Sonic Drive-In restaurants.

  • November 04, 2020

    Law Firms' Reported Cyberattacks Are 'Tip Of The Iceberg'

    Two recent high-profile data security incidents at BigLaw firms have once more drawn attention to law firms' cybersecurity vulnerabilities, and with the coronavirus pandemic forcing lawyers to adapt to a remote work environment, experts warn that the disclosed events are just the "tip of the iceberg" of such attacks.

  • November 04, 2020

    Judge Doubtful Of Authority To Block TikTok's US Restrictions

    A D.C. federal judge appeared skeptical Wednesday over whether he could block another set of government restrictions that would effectively bar TikTok Inc. from operating in the U.S., saying the popular Chinese-owned video-sharing app seemed to be protected by a Pennsylvania district court's nationwide injunction.

  • November 04, 2020

    Checkers TCPA Deal Denied Again Over 'Deficient' Notice Plan

    An Illinois federal magistrate judge on Tuesday refused for the second time to approve Checkers Drive-In Restaurants Inc.'s nationwide settlement that would resolve accusations that the fast food chain violated the Telephone Consumer Protection Act, finding that the notice was "deficient" and reached less than 1% of the class.

  • November 04, 2020

    Calif. Voters Back Bid To Toughen Consumer Privacy Law

    California voters have approved a ballot initiative to strengthen the state's landmark consumer privacy law, starting the clock for companies to implement enhanced data control rights for their users by 2023.

  • November 04, 2020

    Senate Majority Still In Doubt As Races Tighten

    Several races that had not yet been called Wednesday will ultimately determine whether Republicans retain control of the U.S. Senate in 2021, leaving questions about everything from negotiations on a pandemic stimulus bill to pending judicial confirmations hanging in the balance.

  • November 04, 2020

    Biden Campaign Plays Down Trump High Court Threat

    A campaign adviser for former Vice President Joe Biden said the candidate is "not worried" about threats by President Donald Trump to go to the U.S. Supreme Court to block the counting of mail-in ballots in the contest, as Biden pulled ahead in another key swing state Wednesday morning.  

Expert Analysis

  • Now Is The Time To Go Digital With Compliance Training

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    To properly meet the U.S. Department of Justice's latest corporate compliance expectations and adapt to the current remote working environment, consider collaborating with a client on an e-learning solution tailored to its employees, says Alexander Holtan at Eversheds Sutherland.

  • Overcoming The Pandemic's Hurdles To Pro Bono Work

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    Sarah McLean at Shearman & Sterling looks at how attorneys and law firms can partner with nonprofits to leverage their collective resources, sharpen their legal skills and beat the unique pandemic-induced challenges to providing free legal services to low-income individuals.

  • The Crushing Cost Of HIPAA Security Rule Noncompliance

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    The U.S. Department of Health and Human Services recently announced three major settlements for Health Insurance Portability and Accountability Act security rule violations in a single week, highlighting the importance of creating a plan and performing risk analysis to avoid paying the price of noncompliance, says Dena Castricone at DMC Law.

  • High Court Is Likely To Adopt 6th Circ.'s Narrow View Of CFAA

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    In Van Buren v. U.S., the U.S. Supreme Court will probably endorse the Sixth Circuit’s narrow view of the Computer Fraud and Abuse Act, which recently deepened a circuit court split, because it more plausibly tracks the language and purpose of the statute, says Jay Bogan at Kilpatrick.

  • Best Practices For Presenting Exhibits In A Remote Deposition

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    In this era of fully remote depositions, attorneys must carefully consider whether they want to deliver exhibits to opposing counsel in advance or on the day of the deposition, and think creatively about the technological resources available to them, say Helene Wasserman and Nathaniel Jenkins at Littler.

  • What We Know About How Judicial Bias Can Influence Rulings

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    The struggle to replace Justice Ruth Bader Ginsburg raises the question whether U.S. Supreme Court justices and federal judges are able to separate their political beliefs and world views from their judicial opinions, with studies in political science and social psychology providing clear answers, says Drury Sherrod at Mattson and Sherrod.

  • Insurers' BIPA Claim Coverage Denials Lack Merit

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    American Family v. McEssy, recently filed in Illinois federal court, joins a growing trend of insurers attempting to escape contractual obligations to defend policyholders from Biometric Information Privacy Act class actions by resorting to a variety of arguments that do not hold up, says Tae Andrews at Miller Friel.

  • Opinion

    Digital Platform Agency Would Imperil Internet Commerce

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    Rather than help consumers, former Federal Communications Commission Chairman Tom Wheeler’s recent proposal for a Digital Platform Agency to regulate internet business practices would cement dominant platforms' market power, adversely affect investment, and risk the most innovative U.S. sector's health, says Thomas Lenard at the Technology Policy Institute.

  • Law Firm Social Responsibility Strategies In The New Normal

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    Law firm leaders and marketers should consider several fundamental questions as they develop their corporate social responsibility programs amid the pandemic with reduced available time, money and personnel, including identifying a realistic charitable spending budget and seeking input from firm lawyers, clients and nonprofit partners, says Tina van der Ven at NewStar Media.

  • What To Expect On Key Civil Procedure Issues From Barrett

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    Judge Amy Coney Barrett's prolific opinion writing on the Seventh Circuit reveals a clear picture of what we can expect from this jurist on issues such as state court personal jurisdiction over out-of-state defendants, Article III standing and the application of federal law in diversity actions, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • Early Lessons From Enforcement Of Calif., NY Privacy Laws

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    Businesses can avoid hefty fines and reputational harm by paying attention to how the California and New York attorneys general have enforced two new powerful privacy laws — the California Consumer Privacy Act and New York's Stop Hacks and Improve Electronic Data Security Act, says Caroline Morgan at Culhane Meadows.

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • Key Points From New Blockchain Legal Guidance

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    Mark Dawkins and Jenny Arlington at Akin Gump analyze the Law Society and Tech London Advocates' recent guidance on blockchain, smart legal contracts, crypto assets and other advanced technologies, and explain why legal practitioners should familiarize themselves with it.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

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