Cybersecurity & Privacy

  • December 02, 2022

    Google Escapes Revised 'LockBox' Privacy Dispute For Good

    A California federal judge has permanently tossed a proposed class action accusing Google of using a secret program called "Android Lockbox" to unlawfully collect data from non-Google apps on Android devices, finding that the plaintiffs had failed to remedy pleading deficiencies that previously doomed their claims. 

  • December 02, 2022

    DHS Cyber Review Board To Probe Lapsus$ Extortion Crew

    A review board made up of U.S. Department of Homeland Security officials and private-sector cybersecurity experts said Friday that it will investigate a set of high-profile hacks attributed to a global cybercrime gang known as Lapsus$ and release advice on how to deal with the group's extortion tactics.

  • December 02, 2022

    Tech Staffing Corp. Says Ex-HR VP Took Trade Secrets

    A technology staffing firm has accused its former vice president of human resources of stealing troves of its confidential information in a lawsuit filed in South Dakota federal court.

  • December 02, 2022

    7th Circ. Wary Of ID Company's Role In Car Rental Dispute

    A Seventh Circuit panel on Friday appeared doubtful that an identity verification company would fall under the arbitration provision of a rental car platform for which it provided services as a third-party beneficiary, questioning why it's not simply an independent contractor engaged in competition at the market price.

  • December 02, 2022

    Interest Rates Doom Lender, Crypto Winter Persists

    Rising interest rates forced a reverse mortgage lender into Chapter 11, cryptocurrency platform BlockFi succumbed to the downfall of exchange FTX Trading, and FTX itself faced calls for an examination of its collapse. This is the week in bankruptcy.

  • December 02, 2022

    Faulty LastPass Security Exposed Users' Data, Suit Says

    Weak cyber defenses at password software developer LastPass US LP are to blame for a data breach that left its customers' information vulnerable to hackers, according to a putative class action filed in Massachusetts federal court on Friday.

  • December 02, 2022

    Fox Rothschild Adds Partner To Atlanta Corporate Practice

    Fox Rothschild LLP has expanded its Atlanta corporate practice, adding an attorney who most recently worked as leader of Drew Eckl & Farnham LLP's intellectual property practice, the firm said.

  • December 02, 2022

    Ex-FBI, DOJ Atty Rejoins King & Spalding As Partner

    King & Spalding LLP has rehired a former firm attorney who most recently held several senior roles at both the Federal Bureau of Investigation and the U.S. Department of Justice.

  • December 01, 2022

    9th Circ. Revives Crypto Users' Suit Over Shopify Data Breach

    The Ninth Circuit has resurrected a proposed class action that cryptocurrency users brought against Canadian e-commerce giant Shopify and French cryptowallet maker Ledger over a 2020 data breach, overturning a California federal court's conclusion that it completely lacked jurisdiction over the defendants. 

  • December 01, 2022

    Theranos Exec Balwani Wants Probation As Feds Seek 15 Yrs.

    Ex-Theranos executive Ramesh "Sunny" Balwani urged a California federal judge Wednesday to sentence him to probation for his investor and patient fraud conviction, arguing that he lost millions and never sought the "fame or media attention" his co-conspirator Elizabeth Holmes received, while prosecutors argued that his crimes warrant 15 years behind bars.

  • December 01, 2022

    Feds Weigh New Enforcement Advice On Apps, Compensation

    ​An official with the U. S. Department of Justice's Criminal Division said Thursday it is considering new guidance for provisions of its revised corporate criminal enforcement policy that relate to the government's evaluation of business' compensation structures and the use of secret messaging apps. 

  • December 01, 2022

    GAO Backs Peraton's $76M Cybersecurity Support Contract

    The U.S. Government Accountability Office has denied a software company's challenge of a Navy cybersecurity engineering support contract awarded to Peraton Inc. saying it had no reason to question the Navy's reasonableness in evaluating the challenging contractor's "technically unacceptable" proposal.

  • December 01, 2022

    Ill. Appeals Court Rules BIPA Requires Data Policies Up Front

    An Illinois state appeals court on Wednesday found that the state's biometric privacy law requires companies to set up rules for storing and destroying data once they start collecting it, saying an Illinois metal finisher's obligation to do so was triggered by possessing the plaintiff's information.

  • December 01, 2022

    3rd Circ. Preview: Arbitration Under The Tree In December

    The Third Circuit's December calendar sees the court tackling issues over arbitrability in class actions involving a well-known electronics company and a prominent payroll services firm, with Samsung striving to resolve a consumer litigation stemming from smart TVs through arbitration and ADP employees seeking to keep their retirement plan dispute in court.

  • December 01, 2022

    Celsius Ch. 11 Creditors Hit With Crypto Phishing Attacks

    Bankrupt cryptocurrency lending platform Celsius Network Ltd. told a New York judge late Wednesday that some of its customers have been subjected to phishing attacks, with scammers posing as attorneys from the debtor's bankruptcy counsel.

  • November 30, 2022

    ICE Says It Mistakenly Publicly ID'd 6,000 Asylum Seekers

    U.S. Immigration and Customs Enforcement erroneously publicly posted identifying information, including names and locations, of more than 6,000 individuals seeking asylum on its website earlier this week, the agency confirmed on Wednesday.

  • November 30, 2022

    Riding Circuit: December's Notable Appellate Arguments

    As the year winds down, circuit courts will hear argument on the kinds of crimes Jan. 6 rioters can be charged with, whether federal law unconstitutionally delegates power to a private entity, and whether a class can be certified even if some class members weren't actually injured.

  • November 30, 2022

    GE, Canon Slam 'Excessive' Atty Fee Bid In $350K Breach Deal

    General Electric Co. and a Canon Inc. subsidiary are urging a New York federal judge to reject class counsel's request for more than $466,000 in fees for securing a $350,000 data breach deal, arguing that the sum is "grossly disproportionate" to the amount that class members stand to recover and the attorneys' workload. 

  • November 30, 2022

    Paramount Says Data Sharing Suit 'Wrongly Expands' VPPA

    Paramount asked a Tennessee judge on Wednesday to toss a proposed class action accusing the entertainment giant of sharing the personal information of subscribers to its college sports website with Facebook, arguing that the suit fails to state a claim and "wrongly expands" the scope of the Video Privacy Protection Act. 

  • November 30, 2022

    Sirius XM Radio Hit With Class Action Over Telemarketing

    Sirius XM Radio made unwanted telemarketing calls to consumers on the national Do Not Call Registry even after promising to change its telemarketing practices when faced with a similar suit, according to a proposed class action filed in Illinois federal court.

  • November 30, 2022

    El Salvador News Site Sues NSO Group For Journalist Hacks

    At least 15 journalists at a prominent Salvadoran news outlet had their iPhones hacked using spyware sold by Israeli security company NSO Group, jeopardizing their safety by exposing their locations and text messages, a lawsuit filed Wednesday in California federal court says.

  • November 30, 2022

    Team Telecom Finds Cuba Subsea Cable Link Too Risky

    The federal group that vets foreign ties to U.S. telecom projects has advised the Federal Communications Commission to reject an application to build an undersea cable directly linking the U.S. and Cuba.

  • November 30, 2022

    FTC Told DOD Designation Helps Illumina-Grail Deal Appeal

    The Federal Trade Commission is considering whether a recent decision by the U.S. Department of Defense designating BGI Genomics as a Chinese military company bolsters attempts by agency staff to revive their challenge to the purchase of cancer-testing outfit Grail by DNA sequencing giant Illumina.

  • November 30, 2022

    Warner Norcross Data-Breach Suit Moves To Michigan

    A proposed class action from victims of a data breach at the law firm Warner Norcross & Judd LLP has been transferred from Nevada's federal district court to the Western District of Michigan after both parties agreed to the move.

  • November 30, 2022

    Armstrong Teasdale Introduces New Partner, Senior Associate

    Armstrong Teasdale LLP added a partner with health care law experience to its Kansas City, Missouri, office and a real estate-focused senior associate to its Denver office, the firm announced Wednesday.

Expert Analysis

  • Forensic Artifacts Play Legal Role In Cyber Incident Response

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    Companies' security and legal teams must work together to collect forensic artifacts related to data security incidents, in order to defend against potential claims, evaluate contractual obligations, identify dispute resolution options and determine who the business should notify, say Kamran Salour and Sadia Mirza at Troutman Pepper, and Kayla Barker at Tetra Defense.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • SEC Enforcement Numbers Show Shift To High-Impact Cases

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    The U.S. Securities and Exchange Commission’s recently released enforcement data from fiscal year 2022 shows a modest uptick in cases from the prior year, and signaled an increasing focus on high-impact actions, high-profile defendants and large penalties — a trend that seems likely to continue next year, say attorneys at Covington.

  • Calif. And UK Laws Reflect Global Focus On Kids' Privacy

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    The recent signing of the California Age-Appropriate Design Code Act into law and the U.K. Age-Appropriate Design Code that inspired it highlight the convergence of regulatory forces internationally and an emphasis on privacy by design, which means emerging companies that deal with children's data may need to dedicate resources to this topic early on, say attorneys at Goodwin.

  • Opinion

    Durham Russia Probe Acquittals Show Need For FISA Reform

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    The Foreign Intelligence Surveillance Act has a role to play in national security, but as shown by the recent acquittals of Michael Sussman and Igor Danchenko on charges of lying to the FBI during the Trump-Russia investigation, the statute needs several key reforms — but newly floated policy proposals are not the answer, says Kevin Carroll at Hughes Hubbard.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Cyber Risk Should Rocket To Top Of Space Sector's Priorities

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    The ease with which security experts have been able to hack into orbiting satellites and the absence of laws to determine liability for space collisions illustrate the need for private sector technologists to educate policymakers and help shape an updated regulatory framework that can keep up with the rapid commercialization of space, says John Bennett at Kroll.

  • Why BIPA Litigation Could Be A Death Knell To Cannabis Cos.

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    Legal uncertainty and windfall-type damages leave a burgeoning Biometric Information Privacy Act litigation docket to rely on a statute passed in 2008 that does not account for the realities of growing industries like cannabis, and may present real and expensive issues for those businesses operating in Illinois, say Amy Rubenstein and Sarah Trevino at Dentons.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Silver Lining For Cos. In Proposed Calif. Privacy Law Changes

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    Some of the California Privacy Protection Agency’s recent modifications to the proposed regulations implementing the California Privacy Rights Act may be positive for businesses’ compliance strategies, as they make it easier to respond to data subject requests and strengthen security and fraud prevention, say attorneys at Troutman Pepper.

  • NDAA Bills Would Tighten Sourcing Rules For Defense Cos.

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    The House and Senate versions of the National Defense Authorization Act for fiscal year 2023 each reflect the current era of technological competition between nations — so companies can expect that new sourcing requirements will be an increasingly significant and costly aspect of defense contracting, say Joseph Berger at Thompson Hine.

  • Cos. Should Start Thinking About IP Protection For Quantum

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    Matt Marrone at McAndrews Held discusses intellectual property and business considerations around the cutting-edge quantum computing technology that is set for explosive growth, as the rules are decided in real time.

  • Anticipating The New Congress' Private Sector Investigations

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    With Republicans claiming a new majority in the House of Representatives in the upcoming Congress, corporates and individuals should expect a sea change in Congress' investigative priorities and areas of focus — and private sector entities can take prudential steps in the near term to best prepare for and mitigate risk, say attorneys at Latham.

  • Privacy Ruling Highlights Risks Of Third-Party Web Tracking

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    The Ninth Circuit’s recent ruling in Javier v. Assurance — that third-party session replay software usage without user consent may violate a California privacy law — highlights why companies should remain proactive and review all technologies that collect information from their websites, say attorneys at K&L Gates.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

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