Cybersecurity & Privacy

  • July 25, 2017

    Italian In Click Scheme A 'Hacker And Thief,' Jury Told

    An Italian citizen who created a global network of hijacked computers to run an auto-click scheme defrauded online advertisers by exploiting a vulnerability in the storage servers of one of the world’s leading data storage manufacturers to launch the scheme, federal prosecutors told a jury Tuesday.

  • July 25, 2017

    Apple Users Denied Cert. In 'Secure By Design' False Ad Suit

    A California federal judge on Tuesday refused to certify a class alleging Apple Inc. falsely advertised certain devices as “secure by design” when it knew third-party applications could siphon off private data, finding the consumers hadn’t shown they relied on statements about specific security features.

  • July 25, 2017

    NJ Bill To Protect Shoppers' Personal Data Signed Into Law

    New Jersey Governor Chris Christie has signed legislation that places restrictions on retailers’ ability to collect and use personal information gleaned from driver’s licenses and other identification cards in an effort to crack down on data breaches and the sale of this information to marketers.

  • July 25, 2017

    SEC Says ‘Coin Offerings’ Are Subject To Securities Laws

    The U.S. Securities and Exchange Commission said on Tuesday that “initial coin offerings” that issue digital tokens in exchange for money or digital currency may run afoul of federal securities laws, warning that its approach to enforcement would be guided by “economic realities” instead of the labels businesses use.

  • July 25, 2017

    IRS Should Use Shared Gov't Authority To Hire Experts: TIGTA

    The IRS should begin using a congressionally granted power shared with other federal agencies to hire specialized experts in areas such as cybersecurity instead of waiting for its own now-expired streamlined authority, with fewer restrictions and greater funding, to be renewed, according to a report and recommendations released Monday.

  • July 25, 2017

    Ark. Man Pleads Guilty To Creating, Selling Malware

    An Arkansas man on Tuesday pled guilty to charges of aiding and abetting computer intrusions, admitting to developing and selling malware that allowed hackers to take control of a victim’s computer and licensing software that helped cybercriminals distribute their own malicious software.

  • July 25, 2017

    Miami Sex Club Scoffs At Ad Makers’ Bid For Sanctions

    A Miami sex club facing a trademark suit by models claiming it used their images without permission urged a Florida federal court on Monday to throw out an advertising group’s bid for sanctions following a discovery dispute, saying the advertisers’ request is inappropriate and misguided.

  • July 25, 2017

    Ocwen Says TCPA Claims Must Be Handled Case By Case

    Ocwen urged an Illinois federal judge Monday not to certify a proposed class of consumers who allegedly received unwanted autodialed calls from the company in violation of the Telephone Consumer Protection Act, asserting that it would be practically impossible to determine which of the more than 1 million potential class members consented to the calls.

  • July 25, 2017

    Google Fights Canadian Search Results Ruling In Calif.

    Google has turned to a California federal court after Canada’s top court ordered it to remove links associated with a company that allegedly sold stolen network technology from its search results worldwide, arguing Monday that the decision is a dramatic overreach and enforcing it in America would flout the tech giant’s First Amendment rights.

  • July 25, 2017

    Manafort Subpoenaed For Testimony In Election Probe

    The leaders of the Senate Judiciary Committee have subpoenaed former Trump presidential campaign manager Paul Manafort to appear before the committee as part of a probe into attempts to influence U.S. elections, after failing to reach a deal on voluntary testimony, they announced Tuesday.

  • July 25, 2017

    HSBC Wins Unredacted Docs In MBS Dispute

    A federal magistrate judge on Monday ordered an investment fund suing HSBC Holdings PLC over failed mortgage-backed securities to turn over more than 1,000 documents without redacting personal information contained in those messages, despite the fund’s concerns over potential privacy violations.

  • July 25, 2017

    Attys Want $4.45M In Fees In Wells Fargo's TCPA Settlement

    Attorneys representing a class of 3.2 million consumers who allege that Wells Fargo violated the Telephone Consumer Protection Act by autodialing their phones without consent asked a Georgia federal court on Monday to award them more than $4.45 million in fees after they secured a $14.8 million settlement to resolve the dispute.

  • July 25, 2017

    UK Gov't Creating New Cybersecurity Innovation Center

    Britain’s government announced on Monday that it wants to capitalize on London’s position as a global financial technology leader by pumping £14.5 million ($18.9 million) into a new cyberdefense innovation center in the capital.

  • July 24, 2017

    Wells Fargo Seeks Return Of Inadvertently Leaked Client Info

    ‎Wells Fargo Advisors LLC asked a New York state judge on Monday to prevent further dissemination of reams of client data inadvertently provided in a response to a subpoena, saying the release was a mistake and a former employee and his counsel should be forced to return it.

  • July 24, 2017

    'Click Fraud' Trial To Test Reach Of Feds' Cybercrime Powers

    Federal prosecutors in Brooklyn are gearing up to try an Italian citizen who allegedly created a global network of infected computers to fuel a "click fraud" scheme against advertising companies, a first-of-its-kind trial experts say will mark a pivotal test of the government's ability to tie individuals to complex cybercrimes that are growing in both size and sophistication.

  • July 24, 2017

    Class Says Experian Can’t Block American Eagle TCPA Deal

     A class that reached a proposed $14.5 million settlement with American Eagle Outfitters in a Telephone Consumer Protection Act suit over unsolicited texts told a New York federal court Friday that Experian's marketing unit lacks standing to object to the deal because it was dismissed from the case.

  • July 24, 2017

    Medidata Win Fortifies Policyholders In Digital Fraud Fights

    A New York federal judge recently ruled that a thief's use of emails to trick employees of Medidata into wiring money overseas was a covered incident under the company's computer fraud policy, weakening insurers' arguments that such coverage is meant to apply only to hacking into policyholders' computers.

  • July 24, 2017

    Consumer Urges 2nd Circ. For En Banc Review In TCPA Suit

    A consumer suing Lincoln Automotive Financial Services for violating the Telephone Consumer Protection Act has asked for the full Second Circuit to rethink his case, saying the smaller panel decision finding that consent given in contracts isn’t revocable conflicts with many other courts of appeal.

  • July 24, 2017

    Fla. To Pay $1.1M In Atty Fees In 'Gun Gag' Law Case

    Florida will pay $1.1 million in legal fees to the doctors who successfully challenged the constitutionality of a state "gun gag" law curbing doctors from asking patients about firearm ownership, the doctors' attorneys announced Monday.

  • July 24, 2017

    Hilton Denied Bid To DQ Atty, Expert In Robocall Suit

    A Florida federal judge Monday rejected a Hilton Worldwide Holdings Inc. subsidiary’s motion to disqualify the counsel and expert witness for consumers in a proposed class action over alleged unwanted robocalls, ruling that the hotel company had not shown it had a confidential relationship with the witness. 

Expert Analysis

  • And Now A Word From The Panel: Who Wants To Be An MDL?

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    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Canadian High Court's Troubling Google Decision

    Armen Nercessian

    The Canadian Supreme Court's recent decision in Google v. Equustek is the first time a national high court has mandated deindexing worldwide. It provides the courts of other nations a road map for how to justify binding online service providers to orders requiring worldwide censorship of materials on the internet, say Armen Nercessian and Guinevere Jobson of Fenwick & West LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Autonomous Vehicles And European Data Protection: Part 2

    Oliver Yaros

    Many industry stakeholders are interested in making use of the vast amount of data that will be generated by connected and autonomous vehicles. But the need for compliance with Europe's strict data protection laws will require a “privacy by design” and “privacy by default” approach, say Oliver Yaros and Ryota Nishikawa of Mayer Brown LLP.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • Northern District Of Illinois Is Botching TCPA Fax Rule

    David Almeida

    While the D.C. Circuit’s recent decision eliminating the solicited fax rule under the Telephone Consumer Protection Act seems clear on its face, at least two opinions from the Northern District of Illinois have inexplicably disregarded that holding, say David Almeida and Mark Eisen of Benesch Friedlander Coplan & Aronoff LLP.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.