Cybersecurity & Privacy

  • December 03, 2021

    2nd Circ. Says FCC Properly Axed Solicited Fax Opt-Out Rule

    A split Second Circuit panel on Friday rejected a challenge to the Federal Communication Commission's decision to eliminate a rule that required opt-out notices on solicited faxes, finding that a D.C. Circuit ruling that the regulation was invalid applied nationwide. 

  • December 03, 2021

    California Pizza Kitchen Ex-Employees Sue After Data Breach

    Two former employees of California Pizza Kitchen Inc. are at risk of fraud and identity theft after a cyberattack that exposed the Social Security numbers of more than 100,000 people, a new suit filed in California federal court claims.

  • December 03, 2021

    Apple Claims Of Epic's Control 'Simply Untrue,' 9th Circ. Told

    App developers seeking to weigh in on Epic Games' Ninth Circuit bid to stop Apple's ban on steering users to alternative payment methods blasted Apple for asserting that the coalition of developers is controlled by the video game company and should not be allowed to file an amicus brief.

  • December 03, 2021

    Texas Ruling In $1.2M Gold Coin Theft Suit Boosts Insurer

    A gold coin dealer lost more than $1.2 million because it accepted fraudulent checks in exchange for a set of coins, the Texas Supreme Court said Friday, in a ruling that could help the dealer's Lloyd's insurer avoid covering almost all the loss.

  • December 03, 2021

    Feds Say Ex-EBay Brass Can't Sink Witness-Tampering Claim

    Prosecutors said that two former higher-ups at eBay must face witness-tampering charges over statements they made to local police before being charged with a cyberstalking scheme aimed at two Massachusetts bloggers, arguing the false statements in themselves directly interfered with the eventual probe.

  • December 03, 2021

    More Chinese Companies Expected To Follow Didi's Delisting

    Chinese ride-hailing app Didi Global Inc.'s intention to delist from the New York Stock Exchange months after a high-profile initial public offering further accelerates the divorce between U.S and Chinese capital markets and could spur more companies to follow suit, experts said Friday.

  • December 03, 2021

    Legalist Accused Of Stealing Legal Database's Trade Secrets

    Leopard Solutions is claiming litigation finance company Legalist Inc. stole "enormous swaths" of the legal database's proprietary content through a free trial subscription period to make its own set of data.

  • December 02, 2021

    Classwide Deal Complicates CaptureRx Breach Venue Fight

    The disclosure of a tentative classwide settlement of sprawling litigation over a data breach at pharmacy benefits manager CaptureRX sparked confusion at a consolidation hearing Thursday, with co-defendant Walmart and plaintiffs pushing for centralization in Missouri admitting to having little knowledge of the deal, which was revealed by counsel leading several Texas suits. 

  • December 02, 2021

    Wash. Judge Shortage May Sway T-Mobile Breach Row Venue

    T-Mobile and counsel for consumers suing the telecom giant over its massive data breach squared off Thursday over where to consolidate dozens of lawsuits pending across the country, with plaintiffs proposing five different locations and T-Mobile arguing that judicial shortages in its home state of Washington meant the disputes shouldn't land there. 

  • December 02, 2021

    Planned Parenthood Cyberattack Affects 400,000 Patients

    Highly personal data belonging to around 400,000 patients, including which treatments they underwent, may have been included in files stolen from Planned Parenthood's Los Angeles branch in an October cyberattack, the organization said this week.

  • December 02, 2021

    'Housewives' Star Says Feds Poisoned Trial With Hulu Doc

    "Real Housewives of Salt Lake City" star Jen Shah said two U.S. Department of Homeland Security investigators ignored Manhattan federal court rules by discussing her telemarketing fraud charges ahead of trial in a Hulu documentary released Monday.

  • December 02, 2021

    DC Circ. Won't Pause FCC's China Telecom Removal Order

    The D.C. Circuit on Thursday rejected China Telecom Americas' emergency motion to temporarily block the Federal Communications Commission's recent order revoking the telecommunications company's authorizations to operate in the U.S. amid national security concerns, at least for now.

  • December 02, 2021

    Grocer Says Insurer's BIPA Coverage Fight Is 'Self-Serving'

    Philadelphia Indemnity Insurance Co. must still cover a proposed class action accusing an Illinois produce market of violating workers' biometric privacy rights, even though the suit initially named the wrong company, the market told an Illinois federal court.

  • December 02, 2021

    User Agreements Sink Chrome Privacy Suit, Google Says

    Google has asked a California federal judge to toss a proposed class action filed by Google Chrome users claiming that the tech giant collected their personal data without permission, saying it has shown that the proposed class members consented to the data collection.

  • December 02, 2021

    Security Experts Say US Can't Afford C-Band Delays

    Further delays in converting C-Band satellite airwaves to wireless spectrum could give potential adversaries like China a technological advantage, national security experts warned the White House in a new letter.

  • December 02, 2021

    House Passes Trio Of Bills Aimed At Cybersecurity, 6G

    The U.S. House has passed three bills directing the Federal Communications Commission and the National Telecommunications and Information Administration to address cybersecurity in mobile networks, study 6G and launch a cybersecurity literacy campaign.

  • December 02, 2021

    Tabloid Loses Appeal In Markle's Letter Privacy Suit

    An appeals court ruled on Thursday against a tabloid that printed extracts from a letter Meghan Markle wrote to her estranged father, saying the violation to her privacy was disproportionate to support assertions that she'd sent him a loving message.

  • December 02, 2021

    ECJ Urged To Let Consumer Groups Sue Facebook On GDPR

    Consumer associations should be allowed to sue Facebook under European Union data protection laws without needing a mandate from individual users, an adviser to the bloc's highest court said on Thursday.

  • December 01, 2021

    Pentagon Official's Suit Over Security Clearance Is Paused

    A D.C. federal judge on Wednesday paused a U.S. Department of Defense official's lawsuit claiming the Pentagon didn't fully explain why it suspended her security clearance and then placed her on leave a day after she demanded answers.

  • December 01, 2021

    Amazon Gets Flex Driver Privacy Suit Paused For Appeal

    A California federal judge on Tuesday agreed to stay a proposed class action accusing Amazon of wiretapping Flex drivers' private Facebook groups while the company appeals the denial of its bid to send the dispute to arbitration, finding that "the balance of hardships tips sharply in Amazon's favor."

  • December 01, 2021

    App Makers Backing Epic 'Controlled By Epic,' Apple Says

    Apple on Tuesday urged the Ninth Circuit to reject a request from app developers to weigh in on Epic Games' bid to stop Apple's ban on steering users to alternative payment methods, saying the group failed to disclose that the coalition was created by Epic.

  • December 01, 2021

    Canadian Cannabis Co. Can't Escape Georgia IP Theft Suit

    A Canadian cannabis company must face claims that it encouraged a competitor's former employees to break nonsolicitation and confidentiality agreements after a Georgia federal court refused to dismiss it from litigation alleging the theft of a secret drink formula.

  • December 01, 2021

    CVS Must Face Illinois Suit Over Repeated Robocalls

    CVS Pharmacy Inc. can't escape a proposed class action accusing the pharmacy retailer of placing unlawful prerecorded robocalls with consumers, an Illinois federal judge said, rejecting the company's argument that the court lacked subject matter jurisdiction over the dispute.

  • December 01, 2021

    Ga. Sues DOJ For Info On Its 'Targeted' Voting Law Challenge

    Georgia and its top election official sued the U.S. Department of Justice on Wednesday, wanting to know why it chose to challenge the state's controversial new voting law and not similar laws enacted elsewhere.

  • December 01, 2021

    Latham-Led Cybersecurity Biz ReliaQuest Tops $1B Valuation

    ReliaQuest, a cybersecurity company guided by Latham & Watkins, said Wednesday it has surpassed a $1 billion valuation in a growth equity round led by global investment firm KKR & Co. Inc.

Expert Analysis

  • How Growing Cyber Scrutiny Affects Corporate Compliance

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    In the face of overlapping cybersecurity initiatives at the U.S. Departments of Justice and Health and Human Services, health care companies and government contractors should prepare for microscopic scrutiny by ensuring specific components are included in compliance programs and being mindful of reporting obligations under existing corporate integrity agreements, say attorneys at Verrill Dana.

  • What FTC Report Reveals About ISP Data Collection

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    The Federal Trade Commission’s recent report on the privacy practices of six internet service providers will likely affirm suspicions about consumer data collection and use, but it also touches on several points regarding user engagement, deceptive claims and antitrust that are worth drawing out, says Andrew Stivers at NERA Economic Consulting.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • What 2021 Enforcement Results Say About SEC's Agenda

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    The U.S. Securities and Exchange Commission's recently released enforcement results include a number of expedited actions that, in concert with public statements and broader agency initiatives, reveal a focus on cryptocurrency, special purpose acquisition companies, Regulation Best Interest and cybersecurity, say attorneys at Skadden.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • SEC's Alleging An Asset Is A Security Does Not Make It So

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    In Audet v. Fraser, a Connecticut federal jury recently disagreed with the U.S. Securities and Exchange Commission's position that so-called hashlets are investment contracts, showing that the SEC's overreach in classifying digital assets, and the complexity of cryptocurrencies, require further guidance and case law to clarify the limits of federal securities law, say Nick Morgan and Ken Herzinger at Paul Hastings.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • A Software Primer For Attorneys After Cyber Executive Order

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    President Joe Biden's executive order to improve the nation's cybersecurity has set in motion a number of prospective changes for the software community that will require lawyers to become better versed in secure software development issues and best practices for related due diligence, say Alan Charles Raul and Stephen McInerney at Sidley.

  • Insurance Tips For Mitigating DOJ Cyber Initiative Risks

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    For companies and executives involved in False Claims Act actions alleging cybersecurity failures like those envisioned by the U.S. Department of Justice's new cyber fraud initiative, certain insurance policies could help defray the substantial costs of defense and even settlement liability, say attorneys at Hunton.

  • Heading Into 2022, Fintech Antitrust Strategy Isn't Optional

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    With antitrust regulators expected to continue increased scrutiny of the fintech sector in the new year, strategies to grapple with key data privacy, open access and employment issues represent a crucial part of doing business in 2022, say Thomas Panoff and William McElhaney at Mayer Brown.

  • Mass. Data Privacy Bill Would Increase Litigation Risks

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    A recently proposed Massachusetts bill could reshape how businesses interact with state consumers and employees, increase the cost and complexity of privacy design and compliance, and expose companies to new and significant enforcement and litigation risks, say Melanie Conroy and Peter Guffin at Pierce Atwood.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • BIPA Ruling Should Aid Insurers In Privacy Claims

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    Massachusetts Bay Insurance v. Impact Fulfillment Services, a recent decision by a North Carolina federal court finding that a Biometric Information Privacy Act claim was precluded under an insurance exclusion, represents a potentially significant win for insurers due to its broadly applicable contract interpretation, say Joshua Polster and Conor Mercadante at Simpson Thacher.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

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