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Cybersecurity & Privacy

  • June 20, 2018

    3rd Circ. Backs Coke's Win In Ex-Worker's Data Breach Suit

    The Third Circuit on Wednesday backed a Pennsylvania federal court’s decision to kill a former Coca Cola Co. employee's putative class action over identity theft that allegedly stemmed from the theft of old work computers, finding the former employee can’t show he was damaged as a result of Coke’s conduct.

  • June 20, 2018

    Tesla Accuses Ex-Worker Of Hacking, Stealing Trade Secrets

    Tesla Inc. hit a former process technician with a lawsuit in Nevada federal court Tuesday, accusing him of hacking into the company’s system, stealing gigabytes of Tesla’s confidential data and trade secrets and then transferring that information to third parties.

  • June 20, 2018

    House Passes Bills On Opioid Patient Info Sharing, Treatment

    The U.S. House of Representatives on Wednesday passed more bills aimed at tackling the nation's opioid crisis, including a measure allowing medical professionals to share information about patients with opioid use disorder and another providing more treatment options for addicted Medicaid recipients.

  • June 20, 2018

    Comcast Opened Xfinity Accounts Without OK, Customers Say

    A proposed class of Comcast Corp. customers slapped the company with a lawsuit in Illinois federal court Tuesday claiming it shared their personal data with a subsidiary to help launch its Xfinity Mobile service, which led to unauthorized parties using that data to order cellphones and shoulder the customers with the charges.

  • June 20, 2018

    Definition Of 'New' Preserves TransUnion Suit Against Equifax

    An Illinois federal judge on Tuesday kept alive TransUnion’s suit alleging that fellow credit report giant Equifax underpaid for using TransUnion’s credit monitoring services for victims of last summer’s massive data breach, finding that the headline-grabbing hack occurred before the two firms’ breach-related discount rate kicked in.

  • June 20, 2018

    Sen. Wyden Presses Ross For Views On ZTE's Cyberthreat

    Commerce Secretary Wilbur Ross evaded questions from Sen. Ron Wyden, D-Ore., on the cybersecurity threats posed by ZTE Corp. on Wednesday as the lawmaker probed for answers about the Trump administration’s decision to give the Chinese telecom giant a reprieve for its sanctions violations.

  • June 20, 2018

    'Let Canada Handle It,' ICO Promoter Says Of SEC Fraud Suit

    A Canadian man who organized an initial coin offering that the U.S. Securities and Exchange Commission claims was a $15 million fraud told a Brooklyn federal judge in court Wednesday that the regulator had gone too far and called for the suit to be dismissed, saying authorities in Canada are already “all over this.”

  • June 20, 2018

    AT&T, Illinois Bell Dropped From Robocall TCPA Suit

    An AT&T affiliate and the Illinois Bell Telephone Co. have been dropped from an AT&T customer's proposed federal class action over unsolicited phone calls, leaving a third-party contractor that purportedly placed calls for the telecommunications giant to face claims it violated the Telephone Consumer Protection Act.

  • June 20, 2018

    Cruise Co. Free To Fight Any Claims In $76M Robocall Deal

    The settlement in a robocall class action against a cruise marketing company that could allow call recipients to collect up to $76 million did not put a cap on the number of claimed calls the company could challenge, an Illinois federal judge said Tuesday.

  • June 19, 2018

    Fla. Consumer Seeks Class Cert. In Burger King Receipt Suit

    A Florida man asked a federal court Monday to certify a proposed class of customers who received printed receipts at Burger King restaurants revealing more digits of their credit card than allowed under the Fair and Accurate Credit Transactions Act, exposing them to the risk of identity theft.

  • June 19, 2018

    Facebook App Creator Backs Data Privacy Regulation Efforts

    U.S. Senate lawmakers and cybersecurity experts, including the creator of the app that allowed Cambridge Analytica to harvest millions of unwitting Facebook users’ data, on Tuesday agreed that online companies need more formal data collection and sharing rules, although some balked at the suggestion that regulation should hew too closely to the European Union's current framework.

  • June 19, 2018

    'Silk Road' Laptop Said To Have Dirt On Alleged Sidekick

    A Canadian man on Tuesday denied helping incarcerated Silk Road founder Ross Ulbricht run his infamous web bazaar for illegal drugs, and a prosecutor told the Manhattan federal judge overseeing the case that the government will use chats from Ulbricht's seized laptop in its effort to convict his alleged right-hand man.

  • June 19, 2018

    Verizon, AT&T Say They Will Cut Off Location-Data Sellers

    Verizon and AT&T will end business relationships with third-party companies that buy cellphone users' location data, an Oregon senator who had called attention to prison phone operator Securus Technologies Inc. buying and releasing of users' location details said Tuesday.

  • June 19, 2018

    Cybersecurity Firm That Probed DNC Hack Now Worth $3B

    Cybersecurity company CrowdStrike, which was hired to investigate the high-profile Democratic National Committee hacks before the 2016 U.S. presidential election, said Tuesday that it is now worth $3 billion after raising $200 million in new funding.

  • June 19, 2018

    DC Circ. Grounds Battle Over Privacy In FAA Drone Rules

    The D.C. Circuit tossed a petition by the Electronic Privacy Information Center on Tuesday that sought to review small drone rules promulgated by the Federal Aviation Administration, finding the nonprofit lacked standing to mount a challenge over the exclusion of privacy safeguards.

  • June 19, 2018

    Facebook Users Ask 9th Circ. To Revive Tracking Claims

    Several Facebook users urged the Ninth Circuit to breathe new life into multidistrict litigation accusing the social media giant of unlawfully tracking people’s browsing activity after they signed out, saying they deserve a remedy for misdeeds that led to widespread outrage, a congressional investigation and a Federal Trade Commission settlement.

  • June 19, 2018

    'Bitcoin Baron' Gets Nearly 2 Years For DDoS Attacks

    A hacker known as the Bitcoin Baron was sentenced to 20 months in prison after he pled guilty to carrying out distributed denial-of-service attacks on Madison, Wisconsin's computer networks, federal prosecutors said Tuesday.

  • June 19, 2018

    Woman's Distress Not Enough To Save Restroom-Privacy Suit

    A New Jersey appellate court Tuesday upheld the dismissal of a woman's suit claiming emotional distress after she was surreptitiously photographed in the women's room of the office building where she worked, agreeing that her distress did not rise to the legal level that warrants a lawsuit.

  • June 19, 2018

    3M Wants Out Of California Drivers' Unpaid Tolls Suit

    3M Co. on Monday told a federal judge it should not be held responsible for the actions of the California toll road operators accused of unlawfully using drivers' personal information to collect unpaid tolls and charge overblown fines, as it was a contractor that played a limited role in the roads' operations.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

Expert Analysis

  • 2 Avenues Of Insurance Coverage For Cryptocurrency Theft

    Fiona Chaney

    This month, cryptocurrency exchange Conrail reported that hackers stole $37 million of its virtual currency, marking the second high-profile cryptocurrency theft this year. In order to maximize potential recovery, companies should carefully review both their commercial crime and cyber policies before a theft or other loss occurs, says Fiona Chaney of Pasich LLP.

  • Defenses Remain For Companies In Calif. Call Recording Suits

    Joshua Briones

    Many defendants settle California Invasion of Privacy Act cases out of fear that courts will find violations even where no confidential information is recorded and where no one is harmed. But several decisions in the first half of 2018 provide these defendants with additional strategies, say Joshua Briones and Crystal Lopez of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Make Sure Your Cyber Insurance Is Ready For GDPR

    Joseph Fields

    Because cyber insurance policies are not standardized, potential differences in language could affect coverage in the General Data Protection Regulation age. Special attention should be paid to insuring language, triggers, most favored venue and jurisdiction wording, and other clauses, says Joseph Fields of Offit Kurman PA.

  • New Frontier Of US Health Info Regulation Comes From EU

    Nancy Libin

    While the U.S. Department of Health and Human Services Office of Civil Rights has been quiet recently with respect to Health Insurance Portability and Accountability Act enforcement actions, the newly empowered EU data protection authorities will be eager to flex their muscles and show that the General Data Protection Regulation’s extraterritorial reach is not only real, but that noncompliance can be painful, say Nancy Libin and David Saunders of Jenner & Block LLP.

  • Careless Employee: A Company's Biggest Trade-Secret Threat

    Audra Dial

    Companies clearly believe that training programs are the most meaningful way to reduce employee carelessness when it comes to protecting corporate assets. However, as new survey results demonstrate, these training programs are not enough to combat the careless insider, says Audra Dial of Kilpatrick Townsend & Stockton LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • An Anti-SLAPP Motion In Name Only

    Joseph Gjonola

    The Ninth Circuit’s decision last month in Planned Parenthood v. Center for Medical Progress has effectively turned the anti-SLAPP motion into a hybrid of typical motions to dismiss and motions for summary judgment. As a result, defendants have lost the primary benefit of the anti-SLAPP process, says Joseph Gjonola of Roxborough Pomerance Nye & Adreani LLP.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • FTC In Full Force: What To Expect From New Leadership

    Lucy Morris

    While headlines proliferate about the recent political shake-ups at the nascent Consumer Financial Protection Bureau, the century-old Federal Trade Commission, with less fanfare, finally has a full slate of five commissioners for the first time since 2015, say Lucy Morris and Kavitha Subramanian of Hudson Cook LLP.