Cybersecurity & Privacy

  • November 03, 2020

    From The Front Lines: The Attorneys Protecting This Election

    Tuesday marked the final day of voting in 2020, and across the country, attorneys worked to safeguard what was already one of the most contentious and litigated elections in U.S. history. Here are the stories of attorneys on the front lines of election protection.

  • November 02, 2020

    Trump Team Marketer Wants To Ax TCPA Suit Over Rally Texts

    The company that handles most of the political ads for President Donald Trump's reelection campaign wants out of a lawsuit accusing it of breaking telemarketing laws by sending unwanted texts to Minnesota residents, saying it doesn't have enough ties in the state for a court to have jurisdiction.

  • November 02, 2020

    Huawei Sues Trump Admin. For 'Stonewalling' FOIA Requests

    Chinese telecom firm Huawei Technologies Co. has sued the federal government over trade and criminal prosecution documents it says are long overdue for release, saying the Trump administration appears intent on "stonewalling" its requests.

  • November 02, 2020

    AT&T Customers Fight To Revive NSA Spying Suit At 9th Circ.

    A proposed class of AT&T customers alleging the National Security Agency unlawfully surveilled millions of Americans urged the Ninth Circuit on Monday to revive their 11-year old case, arguing that a ruling on the merits of their claims wouldn't reveal state secrets or undermine national security.

  • November 02, 2020

    Bitcoin Exchange Customers Seek Class Cert. In Fraud Suit

    Customers of defunct Japanese bitcoin exchange Mt. Gox asked an Illinois federal judge to certify a class that lost $400 million from the former CEO's alleged fraud.

  • November 02, 2020

    Irish Watchdog Must Pay Activist's Costs In Facebook Suit

    Ireland's Data Protection Commission has been saddled with a hefty legal bill after a judge ordered the regulator to pay most of a privacy activist's legal costs in a case on data transfers by Facebook from the European Union to the U.S.

  • November 02, 2020

    Suspended Sentence For IT Worker Who Hacked City Bank

    An "arrogant" IT specialist has been handed a suspended prison sentence and fined £800 ($1,033) after he went on a cybercrime spree at the bank where he worked, hacking into cameras to take pictures of colleagues, City of London police has said.

  • October 30, 2020

    TikTok Influencers Win Block On Trump's App Ban

    A Pennsylvania federal court on Friday granted an injunction to three TikTok "influencers" blocking the Trump administration's pending ban on the app, saying the ban likely violates a carveout to the national security law that it was issued under.

  • October 30, 2020

    Pa. Woman Gets 8½ Years For Filing 900 Fake IRS Returns

    A Philadelphia woman was sentenced to 8½ years in prison and ordered to pay more than $2.3 million in restitution for her role in an "astounding" scheme filing more than 900 fraudulent income tax returns, the U.S. Attorney's Office for the Eastern District of Pennsylvania announced Friday.

  • October 30, 2020

    Another Court Finds 5 Years Of TCPA Claims Invalid

    An Ohio federal judge became the second in the nation to adopt the argument that plaintiffs can't press Telephone Consumer Protection Act claims related to robocalls or texts that were placed between the period when Congress permitted robocalls regarding federally backed debts and when the U.S. Supreme Court ruled that exception to be unconstitutional.

  • October 30, 2020

    Working Group Gives Congress Robocall Prevention Report

    An interagency robocall working group tasked to evaluate prosecutions surrounding unwanted telemarketing calls sent lawmakers a report earlier this week outlining recommendations for preventing robocalls and the prosecution of those who facilitate those calls.

  • October 30, 2020

    UK Litigation Roundup: Here's What You Missed In London

    This week in London has seen Nigeria take aim at the U.K.'s National Crime Agency and a former dictator, British broadcasting giant Sky target scores of insurers and a mortgage portfolio company sue Simmons & Simmons LLP. Here, Law360 looks at those and other new claims in the U.K.

  • October 30, 2020

    Russian Tech Exec Loses Libel Case Over Trump Dossier Leak

    A Russian technology executive lost his libel case against the author of the infamous Trump dossier on Friday, as a judge said that even though the hacking allegations within the report were defamatory he had not shown that the former British intelligence officer behind the document leaked it to BuzzFeed.

  • October 30, 2020

    UK Fines Marriott £18.4M For Major Data Breach

    The U.K.'s data watchdog said on Friday that it has fined Marriott International £18.4 million ($23.7 million), a steep drop from the £99 million penalty that the regulator had initially proposed, after failings by the hotel group allowed a cyberattacker to steal the records of 339 million guests worldwide.

  • October 29, 2020

    2 More Ex-EBay Workers Cop To Cyberstalking Charges

    Two more former eBay workers on Thursday admitted to participating in a cyberstalking scheme to harass a Massachusetts couple who ran an e-commerce blog, bringing to five the number of defendants in the case who have entered guilty pleas.

  • October 29, 2020

    Starks Says Carriers Must Consider Open 5G Equipment

    FCC Commissioner Geoffrey Starks said Wednesday that wireless carriers receiving taxpayer funds should be required to at least consider interoperable 5G technology that is not specific to one vendor when replacing old equipment.

  • October 29, 2020

    Senator Asks Mnuchin for Sanctions on Russian Officers

    Bob Menendez, ranking Democrat on the Senate Foreign Relations committee, sent a letter to Treasury Secretary Steven Mnuchin Wednesday, calling for sanctions against Russian military officers from an intelligence unit that interfered with the 2016 presidential election.

  • October 29, 2020

    DOJ Asks Congress To Reform Law Shielding Web Platforms

    The U.S. Department of Justice has expressed support for reforming Section 230 of the Communications Decency Act, which provides legal protections to online platforms, or completely tossing the law and "starting on fresh canvas," echoing other voices in government calling for changes to the law.

  • October 29, 2020

    Digital Bank To Settle With Customers Over Service Outage

    Digital banking company Chime Financial and its customers on Wednesday got initial approval of a proposed settlement agreement from a California federal judge, which would end claims stemming from disruption of the company's services in October 2019.

  • October 29, 2020

    Aetna To Pay HHS $1M For Exposing Customer HIV Info

    Aetna will fork over $1 million to the government to resolve federal privacy law breaches for improperly disclosing policyholders' HIV information in multiple mailings, the latest settlement in a string of similar violations and promises by the health insurer to change its data handling practices.

  • October 29, 2020

    DirecTV Urges 9th Circ. To Rethink Split TCPA Ruling

    DirecTV on Wednesday urged the Ninth Circuit to reconsider a split panel ruling that determined the satellite service provider could not force a customer to arbitrate claims that it placed unauthorized robocalls.

  • October 29, 2020

    Meghan Markle Gets Privacy Trial Against Tabloid Postponed

    A London judge on Thursday granted Meghan Markle's request to postpone a scheduled January trial for her privacy case against the British tabloid that published her letter to her father without publicly disclosing the reasons for the delay.

  • October 29, 2020

    Facebook Sued In UK Over Cambridge Analytica Scandal

    A London law firm said on Thursday that it is suing Facebook on behalf of some one million users in England and Wales for allegedly allowing handing third-party developers such as the scandal-hit consultancy Cambridge Analytica access to their data without permission.

  • October 28, 2020

    Split En Banc 11th Circ. Vacates $6.3M Godiva FACTA Deal

    While Godiva did violate the Fair and Accurate Credit Transactions Act by including 10 credit card digits on shoppers' receipts, the shoppers have not properly alleged any concrete harm and therefore lack standing, a split en banc Eleventh Circuit ruled Wednesday while nixing a previously approved $6.3 million class settlement.

  • October 28, 2020

    How The Election Will Affect The Federal Privacy Law Fight

    Federal lawmakers have long struggled to craft privacy legislation that would dictate how companies use and share personal information, but if one party is able to control Congress and the presidency in this year's election, the prospects for a national standard are likely to increase significantly.

Expert Analysis

  • Assessing Health Data Privacy Damages During A Pandemic

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    Class action litigation related to data privacy in the health care industry is expected to trend upward during the COVID-19 era due to increased reliance on telehealth and contact tracing initiatives, heightening the importance of understanding the different economic approaches and challenges to valuing damages, say analysts at Cornerstone Research.

  • Twitter Hack Highlights Crypto Mixers' AML Issues

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    In light of a recent, high-profile Twitter breach that revealed bitcoin mixers' ability to shield licit transactions, regulators' anti-money laundering enforcement efforts may reflect increased scrutiny on trades that use these services to conceal the cryptocurrency unit's source, say economists at Bates White.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • Blockchain Could Answer Contact Tracing Privacy Concerns

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    A contact-tracing system based on blockchain technology — currently under development in a collaboration between Apple and Google — can provide a viable solution to concerns about data security, privacy and the handling of sensitive information by leveraging decentralization, confidentiality and immutability, say advisers at FTI Consulting.

  • Roundup

    Black Law Firm Leaders On Improving Diversity In BigLaw

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    In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.

  • Opinion

    Ariz. Law Firm Ownership Rule Change Is A Win For Clients

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    Arizona just became the first state to abolish an obscure ethics rule that prohibits nonlawyers from investing in law firms — a change that will lower legal service costs, encourage more innovation in the legal industry and improve access to justice, says William Marra at Validity Finance.

  • How To Write A Better Comment Letter On Agency Proposals

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    As the federal government prepares to unveil a revamped online portal for submitting comments on proposed rulemakings, several considerations can help the public provide better feedback to help agencies implement legislation and regulate our activities, say Matt Kulkin and Josh Oppenheimer at Steptoe & Johnson.

  • The Problem With Collectability In Legal Malpractice Cases

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    Attorneys are routinely immunized from malpractice actions when they represent plaintiffs pursuing claims that are not collectable, but an Illinois federal court's recent refusal to protect defense counsel in Newman v. Crane Heyman highlights inconsistency in collectability requirements, says Timothy Parilla at Palmersheim & Mathew.

  • Data Security Best Practices For Licensed Lenders' Telework

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    Now that state-licensed lenders are allowed to conduct loan activities from home due to the pandemic, they need to optimize their remote working environments in a secure manner by leveraging third-party solutions and prioritizing cybersecurity compliance reviews, say attorneys at Buckley.

  • Opinion

    How Chinese Telecom Ban Should Affect Prototype 'Other Transactions'

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    According to the U.S. Department of Defense, prototype other transaction agreements — which are exempted from most procurement laws and regulations — must follow the recent prohibition on using certain Chinese telecommunications equipment and services, but an examination of Congress' direction suggests the DOD should reconsider, say attorneys at MoFo.

  • Series

    BigLaw Cannot Reap Diversity Rewards Without Inclusion

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    BigLaw firms often focus on increasing their diversity numbers, but without much attention to equity and inclusion, minority lawyers face substantial barriers after they get their foot in the door, says Patricia Brown Holmes, managing partner at Riley Safer.

  • Series

    How Law Firms Can Hire And Retain More Black Attorneys

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    The pipeline of Black lawyers is limited, so BigLaw firms must invest in Black high school students, ensure Black attorneys receive origination credit and take other bold steps to increase Black representation in the industry, says Benjamin Wilson, chairman at Beveridge & Diamond.

  • Series

    Ideas For Closing BigLaw's Diversity Gap

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    If enough law firms undertake some universal diversity best practices, such as connecting minority lawyers to key client relationships and establishing accountability for those charged with spearheading progress, the legal industry could look a lot different in the foreseeable future, says Frederick Nance, global managing partner at Squire Patton.

  • Series

    BigLaw Needs More Underrepresented Attorneys As Leaders

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    Hiring more women, people of color and members of the LGBTQ community to BigLaw positions of power is the first key to making other underrepresented attorneys believe they have an opportunity for a path to leadership, says Ernest Greer, co-president at Greenberg Traurig.

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