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Cybersecurity & Privacy

  • December 10, 2018

    Woman Accused Of Being Russian Agent Set To Change Plea

    A D.C. federal judge on Monday granted a joint request from federal prosecutors and a Russian woman accused of infiltrating organizations with political influence inside the U.S. to hold a hearing so she can change her previous "not guilty" plea.

  • December 10, 2018

    Google Admits New Bug Exposed Info For 52.5 Million Users

    Google admitted on Monday the second data leak in three months on its social media site Google Plus — this time affecting about 52.5 million users — and announced plans to shut down the platform earlier than planned.

  • December 10, 2018

    House Committee Slams Equifax Over 'Preventable' Breach

    The U.S. House Oversight and Government Reform Committee on Monday bashed Equifax for what the lawmakers called an "entirely preventable" data breach last year that compromised more than 148 million consumers' personal information, saying that the credit reporting giant had allowed hundreds of security certificates to expire and was woefully unprepared to handle the incident.

  • December 10, 2018

    Co. Can't Duck Claims $17M 'Tokens' Were Unregistered Stock

    A New Jersey federal judge on Monday refused to toss a putative class action against a company that operates a blockchain-based tasking platform, leaving intact an investor’s claims that Latium Network Inc. unlawfully raised more than $17 million by selling unregistered securities in the form of cryptocurrency called LatiumX tokens.

  • December 10, 2018

    Trump Campaign, WikiLeaks Seek To Kill DNC Hacking Suit

    The Trump campaign and WikiLeaks asked a New York federal court to toss the Democratic National Committee’s suit over a pre-election email hack, saying Friday that the suit runs counter to the First Amendment and doesn’t sufficiently allege they violated privacy and intellectual property laws.

  • December 10, 2018

    Mass. Can't Ban Secret Recording Of Officials, Police

    A blanket ban on secret audio recording in Massachusetts is unconstitutional when the person being recorded is a government official or a police officer performing their duties in public, a federal judge ruled Monday, granting a partial win to a conservative provocateur journalist and two activists in two cases.

  • December 10, 2018

    Australian Watchdog Calls For Digital Platform Regulation

    Australia's competition and consumer protection watchdog raised concerns Monday over Facebook and Google's dominance and their effect on the media industry, calling for more regulatory oversight and other fixes for the digital platforms.

  • December 10, 2018

    EU Greenlights Controversial Cross-Border Data Access Bill

    The European Union is moving forward with a bill that will allow authorities in criminal proceedings to more easily reach across national boundaries for digital evidence, despite mixed support from member states and criticism from industry groups.

  • December 7, 2018

    Calif. School Vaccine Law Upheld As Panel Pans 'Hyperbole'

    California's law requiring children in day care and grade school to get vaccinated survived another in a long line of challenges when a state appeals court criticized the lawsuit’s "hyperbole" in a unanimous opinion upholding a lower court's decision to toss the case.

  • December 7, 2018

    Facebook Health Site Tracking Legal, 9th Circ. Says

    A Ninth Circuit panel has found that a lower court rightly dismissed a suit brought by Facebook users who claimed the company illegally scraped data about their visits to medical websites, finding the users consented to the tracking by agreeing to Facebook's privacy policy.

  • December 7, 2018

    Georgetown Tech Hub Hires Ex-FTC Commish, Covington Atty

    Georgetown Law has nabbed a top Covington & Burling lawyer and former Federal Trade Commission member who worked on antitrust and consumer protection matters for the school’s tech law hub, who will join as a distinguished fellow.

  • December 7, 2018

    CFPB Settles With State Farm Over Credit Reporting Errors

    The Consumer Financial Protection Bureau on Thursday settled claims that State Farm Bank FSB improperly obtained consumer reports and gave inaccurate information to credit-reporting agencies, ordering the federal savings association to implement corrective policies without any fines imposed — a move that's drawn the ire of consumer advocates.

  • December 7, 2018

    NJ Justices Won't Review Facebook Pics Ruling In Crash Row

    The New Jersey Supreme Court has declined to review an appeals court’s decision mandating a new trial for a man who claimed to be disabled in a car accident because the trial judge didn’t allow cross-examination about social media photos suggesting he was going to partake in physical activity.  

  • December 7, 2018

    Marriott Database Still Vulnerable To Hackers, Suit Claims

    Marriott’s database is still vulnerable to hackers a week after the hotel giant announced a massive data breach, according to a lawsuit filed in Maryland federal court by a plaintiffs firm that says its in-house researchers have discovered a key security flaw.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 6, 2018

    JPMorgan, IV Debate The Meaning Of 'And' At Fed. Circ.

    Attorneys for Intellectual Ventures LLC and JPMorgan Chase & Co. debated a claim of IV's cybersecurity software patent before a Federal Circuit panel Thursday, including offering dueling interpretations of the word "and."

  • December 6, 2018

    Detox Chain Ginned Up Biz With Spam Texts, Suit Says

    A Florida chain of alcohol-and-drug detox centers sent unsolicited spam text messages to thousands across the country, violating the Telephone Consumer Protection Act and harassing and invading consumers' privacy, according to a putative class action filed Wednesday in Florida federal court.

  • December 6, 2018

    Bitcoin Market 'Hijacking' Caused $4B Value Drop, Suit Says

    A lawsuit filed Thursday in Florida federal court by a Miami-based company accused several prominent players in the Bitcoin Cash cryptocurrency network of hijacking a software upgrade, leading to a "global capitalization meltdown" of more than $4 billion and harm to it and other U.S. bitcoin holders.

  • December 6, 2018

    Lack Of Actual Data Breach Sinks Mercy Health Security Row

    An Ohio federal judge on Thursday tossed a putative class action accusing Mercy Health of maintaining lax data security that exposed confidential patient information to unauthorized third parties, finding that the mere possibility that someone could have improperly accessed the data was not enough to meet the standing bar set by the U.S. Supreme Court's Spokeo decision. 

Expert Analysis

  • Don't Overlook Canada's New Data Breach Notification Rules

    José Vega

    The reach of Canada's Personal Information Protection and Electronic Documents Act — which recently imposed new mandatory breach notification obligations — is far-ranging. U.S. companies that collect Canadian citizens' personal information should take note, say José Vega and Tyler Samsing of Bradley Arant Boult Cummings LLP.

  • Calif. Privacy Act Will Increase Data Breach Liability

    Grant Davis-Denny

    The California Consumer Privacy Act's statutory damages provision will likely generate significant litigation and require courts to weigh in on various aspects of this important new remedy, say Grant Davis-Denny and Alex Gorin of Munger Tolles & Olson LLP.

  • Blockvest Ruling Reminds Token Issuers To Push Back

    Michael Dicke

    Digital token issuers caught up in the onslaught of U.S. Securities and Exchange Commission investigations finally received some good news last month regarding token sales’ exposure to federal securities laws. The decision in SEC v. Blockvest is encouraging for a few reasons, say Michael Dicke and Eric Young of Fenwick & West LLP.

  • The Issues Framing NIST's Privacy Framework

    Charlie Wood

    The National Institute of Standards and Technology has stressed that the onus is on commenters to dictate the direction of its Privacy Framework. While this approach may encourage participation, it risks overlooking critical questions, say attorneys with Perkins Coie LLP.

  • Crypto Addresses As OFAC Identifiers

    Maxwell T.S. Thompson

    Last week, the Office of Foreign Assets Control took the significant step of adding two digital currency addresses to its list of identifiers for certain individuals related to an Iranian hacking enterprise. This should immediately alert entities that transact in digital assets, says Maxwell T.S. Thompson of Murphy & McGonigle PC.

  • Pa. Cos. Face Greater Risks Related To Workers' Personal Info

    Carol Steinour Young

    In Dittman v. UPMC, the Pennsylvania Supreme Court recently held that employers storing employee information on internet-accessible computer systems have a common law duty to protect that data from any foreseeable risk of harm, exposing companies in the state to increased liability, say Carol Steinour Young and Sarah Dotzel of McNees Wallace & Nurick LLC.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.

  • A Closer Look At Calif. Privacy Law's Private Right Of Action

    Daniel Rockey

    Although labeled a “limited” private right of action by the bill’s sponsors, the California Consumer Privacy Act's private enforcement mechanism is almost certain to lead to a wave of new lawsuits unless the Legislature clarifies some ambiguities, says Daniel Rockey of Bryan Cave Leighton Paisner LLP.