Cybersecurity & Privacy

  • November 23, 2020

    World of Warcraft Co. Faces Privacy Suit Over Tracking Code

    Blizzard Entertainment Inc. has been spying on World of Warcraft players' mouse clicks and keystrokes in violation of California privacy law with the help of a tracking code supplied by Mouseflow Inc., according to a class action filed Friday in California federal court, the second such suit filed last week.

  • November 23, 2020

    7 National Security Names To Watch In The Biden Admin.

    President-elect Joe Biden has so far prioritized both experience and diversity in his choices for a national security team. Here are seven key people likely to take the helm in guiding U.S. foreign policy over the next four years.

  • November 23, 2020

    Ex-Fugitive Accused Of Medicare Fraud Gets 3 Years

    A New York federal judge sentenced the former co-owner of a medical equipment supplier to three years in prison Monday for health care fraud, after the accused was expelled from Haiti following 11 years on the lam.

  • November 23, 2020

    Abbott Labs Fights Amended ERISA Claims Over Stolen $245K

    Abbott Laboratories argued Friday that a former employee's amended claims still aren't enough to hold it liable for allegedly allowing an identity thief to steal $245,000 from her retirement account and urged an Illinois federal judge to permanently toss her claims.

  • November 23, 2020

    UK's CMA Mulling Complaint Over Coming Google Changes

    The U.K.'s competition enforcer said Monday it is reviewing a complaint from a coalition of online marketers contending that changes Google plans to implement to its browser will further cement the search and advertising giant's "dominance of online business."

  • November 23, 2020

    Lawmakers Urge FCC To Initiate 'Rip And Replace' Effort

    A bipartisan pair of U.S. House members urged the FCC on Monday to start rolling out a congressionally mandated plan to pay internet providers for the replacement of network equipment that could pose national security risks.

  • November 23, 2020

    Ticket Seller Asks Ill. Judge To Toss Finger Scan Privacy Suit

    Online ticket seller Vivid Seats argued Friday that an Illinois federal judge should toss accusations that it collected a former employee's biometric information without informed consent because his claims are time-barred and blocked by the state's workers' compensation laws.

  • November 23, 2020

    Judge Nixes Suit For Crypto Co. Investor's $728K Atty Fees

    A New York federal judge tossed a lawsuit by an alleged pump-and-dump scheme mastermind asking for his attorney fees to be paid by a cryptocurrency company involved in the alleged scheme, ordering the man to pay the company's fees instead.

  • November 23, 2020

    Blackbaud Faces Class Suit Over Ransomware Attack

    Blackbaud Inc. has been hit with a proposed class suit claiming the cloud-based software and service provider failed to safeguard users' personal information and did not notify them until months after a ransomware attack compromised their information.

  • November 20, 2020

    Apple Wants Data Withheld From Google's In-House Attys

    Apple Inc., AT&T, advertising company GroupM and a slew of others urged a District of Columbia federal court Friday to only allow Google's outside counsel to access their most sensitive confidential information in the U.S. Department of Justice's suit accusing the internet giant of illegally maintaining its monopolies.

  • November 20, 2020

    FTC Wants Bannon Forced To Talk About Cambridge Analytica

    The Federal Trade Commission is urging a D.C. district judge to force former top White House adviser Stephen K. Bannon to testify about his involvement in the harvesting of personal information from millions of unwitting Facebook users by his now-defunct political consulting firm Cambridge Analytica, asserting that Bannon has been dodging requests to appear at a hearing for more than a year. 

  • November 20, 2020

    Fla. Judge Says Attys On 'Thin Ice' After FCRA Claims

    A Florida federal judge issued a stern warning in lieu of sanctions Friday to two attorneys who lender BlueChip Financial and its CEO claimed had pursued frivolous Fair Credit Reporting Act violation claims against them, cautioning the lawyers that they were "on thin ice."

  • November 20, 2020

    Pomerantz, Abraham Fruchter To Rep Forescout Investors

    Abraham Fruchter & Twersky LLP and Pomerantz LLP will represent a proposed class of investors alleging cybersecurity company Forescout Technologies Inc. tricked investors about the company's earnings ahead of a sale that ultimately fell apart, a California federal judge said Thursday.

  • November 20, 2020

    Feds Knock Crypto Developer's Bid To Kill Sanctions Charge

    Federal prosecutors asked a New York federal judge to disregard a blockchain platform developer's bid to dismiss the indictment alleging he broke the law by helping North Korea try to circumvent U.S. sanctions using cryptocurrency.

  • November 20, 2020

    Debt Relief Co. Sued By Feds For Telemarketing, False Claims

    An Illinois company that purported to provide debt relief and credit repair services baselessly told customers it could lower or eliminate their student loan payments and charged disproportionately high fees for the work, according to a suit filed Friday by the Bureau of Consumer Financial Protection.

  • November 20, 2020

    NJ Judges Face Uphill Privacy Battle Despite New Protections

    The vast frontier of the internet will remain a daunting landscape for judges in New Jersey looking to corral their public information under a new law barring the online posting of their home addresses and phone numbers, which followed a shooting at U.S. District Judge Esther Salas' residence that left her son dead and husband wounded.

  • November 20, 2020

    House Dems Say White House Is Holding Up WHO Funding

    Senior Democrats in the House of Representatives accused the White House on Friday of holding up congressionally authorized funds from the World Health Organization, comparing the tactic to one used during the Ukraine impeachment scandal.

  • November 20, 2020

    Clark Hill Rips 'Whitewash Narrative' In Malpractice Case

    Clark Hill PLC has ripped into a Chinese dissident accusing the firm of using a privilege "whitewash" to withhold records concerning a 2017 cyberattack on the firm's network, telling a D.C. federal judge that its former client's failed bid to compel discovery in his $50 million malpractice suit was based on an inaccurate narrative.

  • November 20, 2020

    SEC's Clayton Leaves Behind Market-Friendly Legacy

    Outgoing U.S. Securities and Exchange Commission Chairman Jay Clayton built a record that focused on easing capital formation from day one, a priority welcomed by capital markets attorneys, albeit over objections from investor protection advocates.

  • November 20, 2020

    Salesforce, Clothier Ring Up $400K Data Breach Deal

    Hanna Andersson and Salesforce.com asked a California federal court Thursday to grant preliminary approval of a $400,000 settlement with customers of the clothing retailer over a data breach they say led to the information of over 200,000 being compromised.

  • November 20, 2020

    NY Judge Orders Args In AG's Trump Probe Doc Dispute

    A New York judge Friday ordered oral arguments to be held next month in a dispute over subpoenas to entities related to President Donald Trump's businesses, part of the state attorney general's probe over whether Trump inflated his asset values.

  • November 20, 2020

    Marriott Investor Looks To Save Data Breach Suit

    A shareholder is fighting Marriott International Inc.'s bid to toss his lawsuit filed on the hotel giant's behalf in Maryland federal court following a 2018 customer data breach, saying he has successfully argued that most of the company's board members have a personal interest in the suit's outcome.

  • November 20, 2020

    Dems Propose DHS Overhaul, Reining In 'Acting' Officials

    Democrats on the House Homeland Security Committee unveiled legislation Thursday that would implement wide-reaching, if modest, changes to the U.S. Department of Homeland Security, a major target for progressives during the Trump administration.

  • November 20, 2020

    Health Hires: Epstein Becker, Lewis Brisbois, Taylor English

    Epstein Becker Green has nabbed a health care attorney from Dentons, Lewis Brisbois reeled in a former cybersecurity director of a Tenet Healthcare unit and Intersect ENT hired the former top attorney at Grail Inc. and McKesson, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • November 20, 2020

    'Absurd' To Suggest Assange Extradition Is Political, US Says

    The U.S. government called claims Julian Assange is being prosecuted for his political opinions "absurd," saying in court documents filed Friday in London that the WikiLeaks founder is wanted in the U.S. to face trial because he has "committed serious criminal offenses."

Expert Analysis

  • Mitigating Supply Chain Risks Related To Uighur Forced Labor

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    In light of recent U.S. actions concerning China’s purported forced labor of Uighurs — an ethnic minority long targeted by the Chinese government — companies should conduct human rights due diligence, implement grievance mechanisms to capture abuses in their supply chains, and review supplier contracts, says Betsy Popken at Orrick.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Uncertainty Around Border Phone Search Standard Continues

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    The U.S. Supreme Court's recent cert denial in Williams v. U.S. continues confusion on the level of suspicion required for border agent electronic device searches, so international travelers should take steps to protect their sensitive information, say Alexander Lawrence and Sara Stearns at MoFo.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Post-Breach Response To Business Email Scams Is Critical

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    Preventative measures do not sufficiently protect against email compromise scams, which have become increasingly prevalent during the pandemic, so businesses, governments and educational institutions should have post-breach investigation processes in place, says Jonathan Osborne at Gunster.

  • Opinion

    FTC Exceeded Its Authority In Zoom Cybersecurity Settlement

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    In light of the Federal Trade Commission's requirement, in excess of its statutory authority, that Zoom overhaul its data security as part of a recent deceptive practices settlement, companies shouldn't assent to unfounded relief even when challenging the agency could result in costly litigation, say attorneys at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Treasury Stance On Ransomware Payment Could Hurt Targets

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    Recent statements from two U.S. Department of the Treasury offices indicate that paying off ransomware with cryptocurrency may trigger certain registration requirements and U.S. sanctions scrutiny, placing a significant regulatory burden on cybervictims and their incident response consultants, say attorneys at McDermott.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • OFAC Cyber Ransom Guidance Has Insurance Implications

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    A new advisory from the U.S. Department of the Treasury's Office of Foreign Assets Control will likely cause delay in insurance coverage determinations for ransom payments, but there are steps policyholders can take to secure coverage for restoration costs when a ransom is not paid, say attorneys at Hunton.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Calif. Privacy Law Resembles, Transcends EU Data Regulation

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    Companies preparing for future enforcement of the newly passed California Privacy Rights Act can look to the EU General Data Protection Regulation for guidance while understanding key differences, including the CPRA's incentive options for consumers and mandate that regulations be updated to reflect technological changes, say attorneys at Akin Gump.

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