Cybersecurity & Privacy

  • November 22, 2017

    Evolving Tech Drives New Risks For Transpo Cos.

    Technological advancements and changing consumer demands are forcing transportation companies to streamline their operations to stay competitive, and experts warn that adapting to the changing landscape means tackling new legal risks. Here, Law360 examines some emerging technology in the transportation sector.

  • November 22, 2017

    Fla. High Court Ruling May Ease Path For Med Mal Suits

    The Florida Supreme Court’s recent decision to sink certain requirements for medical malpractice plaintiffs before they sue will make it easier for patients to bring such cases and shut the door on coordination between accused doctors and other physicians who treated a patient, plaintiffs attorneys say.

  • November 21, 2017

    Supervalu Shoppers Say Co. Can't Check Out Of Breach MDL

    A group of consumers argued Monday that Supervalu Inc. can’t shake multidistrict litigation over two 2014 data breaches after the Eighth Circuit sent the matter back to Minnesota federal court upon determining that just one of the shoppers leading the consolidated action had standing, saying the grocery chain wants to impose an unfairly high standard.

  • November 21, 2017

    6th Circ. Sides With B&N, Amazon In Erotic Book Cover Suit

    The Sixth Circuit on Tuesday sided with Amazon.com and Barnes & Noble in a couple’s lawsuit over the sale of a parody erotica novel involving a New England Patriots football player that used their engagement photo on the cover, saying the companies cannot be held liable for the alleged actions of the author. 

  • November 21, 2017

    Uber Admits Hackers Stole Data On 57 Million Riders

    Uber admitted Tuesday that hackers stole personal data on 57 million riders worldwide, in a breach the company did not disclose for over a year.

  • November 21, 2017

    2nd Circ. Won't Revive NBA 2K Face Scans Suit

    A Second Circuit panel affirmed Tuesday that NBA 2K players were not injured by the video game’s collection and retention of scans of their faces, but it found the case should have been dismissed without prejudice to give the players the opportunity to renew their state law claims alleging violations of Illinois' privacy law.

  • November 21, 2017

    Iranian Hacked HBO, Spoiled Game of Thrones, Feds Say

    Federal prosecutors in New York charged a still at-large ex-military contractor from Iran on Tuesday with hacking into HBO to steal secret files — including scripts and plot summaries from "Game of Thrones" episodes — before trying to extort the network out of $6 million in digital currency.

  • November 21, 2017

    FINRA Fines JPMorgan $1.25M For Faulty Background Checks

    A JPMorgan Chase & Co. securities subsidiary on Tuesday agreed to pay $1.25 million in a settlement alleging that the firm did not perform adequate background checks on around 95 percent of its support staff.

  • November 21, 2017

    Reed Smith Hires Cyber Atty For San Francisco Office

    Reed Smith LLP has reached across the ocean to pluck a new information technology, privacy and data security attorney from Mayer Brown JSM’s Hong Kong and Shanghai offices, bolstering its San Francisco roster with a 10-year veteran experienced in high-tech litigation.

  • November 21, 2017

    Debt Collector Gets Initial OK For $600K TCPA Settlement

    An Illinois federal judge on Tuesday signed off on a $600,000 settlement to end a class action accusing a health care debt collector of placing more than 1 million autodialed and prerecorded calls without express consent, saying she “feels comfortable” that the deal’s proposed terms meet preliminary approval requirements.

  • November 21, 2017

    Golden State Warriors Can't Block Fan's App-Spying Suit

    A California federal judge on Monday said that the Golden State Warriors cannot escape a lawsuit accusing the NBA team of secretly recording private conversations through a smartphone app, but found that the proposed class failed to show how app developer YinzCam Inc. intercepted the communications.

  • November 20, 2017

    NC State Court Axes Receipt Row For Lack Of Concrete Injury

    A North Carolina state court judge has nixed a putative class action accusing a bedding and home goods retailer of violating the Fair and Accurate Credit Transactions Act by including too many card digits on receipts, ruling that the plaintiff had failed to establish standing because he hadn't alleged the actual dissemination of his data or a similar concrete injury.

  • November 20, 2017

    SEO Firm Can't Use German Privacy Law In IP Discovery Row

    A dispute about the scope of Germany’s stringent data privacy laws took center stage in a patent row earlier this month between two search engine optimization firms facing off in California federal court, when a judge chided one company for trying to hold on to data that was already shielded by a protective order.

  • November 20, 2017

    Häagen-Dazs To Mediate TCPA Suit Over 'Thank You' Text

    Häagen-Dazs and its parent company, Nestlé, will go into mediation in an effort to resolve a suit alleging it violated the Telephone Consumer Protection Act with unsolicited automated texts that thanked customers who signed up for the ice cream maker's rewards program.

  • November 20, 2017

    Children's Hospital Sues Insurer For Data Breach Coverage

    A California children’s hospital sued Illinois Union Insurance Co. for coverage of an underlying suit brought after the hospital mistakenly sent a document containing the protected information of more than 20,000 “young patients” to job applicants, according to a notice removing the suit to California federal court Friday.

  • November 20, 2017

    J&J Says Applicant Must Arbitrate Background Check Claims

    A Johnson & Johnson subsidiary urged a Pennsylvania federal judge Monday to order that a would-be employee must arbitrate claims that he unfairly lost his job offer due to a background check, noting she has already ordered the man to arbitrate his closely intertwined allegations against the staffing company that facilitated the hiring process.

  • November 20, 2017

    Wendy's Customers Defend Standing In Data Breach Suit

    Customers suing Wendy's over a data breach urged a Florida federal judge on Friday to allow their putative class action to move forward, saying the fast-food chain has twisted their deposition testimony in its latest arguments that they have not presented sufficient evidence of actual injuries.

  • November 20, 2017

    Hung Jury, Partial Verdict In Finjan-Blue Coat IP Rematch

    A California federal jury Monday found that Blue Coat infringed two of Finjan’s online security patents, but cleared the Symantec unit on two other patents and hung on two more, awarding $490,000, far less than the $39.5 million Finjan received in prior litigation.

  • November 20, 2017

    New Group To Tackle Hacking Risks In Int'l Arbitration

    The International Council for Commercial Arbitration, the New York City Bar Association and the International Institute for Conflict Prevention & Resolution have formed a new group dedicated to tackling cybersecurity risks that can arise in international arbitration, the ICCA announced Monday.

  • November 20, 2017

    GSA Awards 61 Companies Slots On $50B Alliant IT Contract

    The U.S. General Services Administration has awarded 61 companies a place on the latest iteration of its Alliant multiaward information technology services contract, a massive deal worth up to $50 billion, it announced Monday.

Expert Analysis

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Roundup

    Judging A Book

    "Alexander Hamilton"

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Applying Privacy Laws To Health Info About Opioid Use

    Patricia Markus

    The U.S. Department of Health and Human Services recently released guidance explaining when health care providers may share protected health information with family or friends of a patient in crisis, such as following an opioid overdose. However, some may find the guidance less than clear, says Patricia Markus of Nelson Mullins Riley & Scarborough LLP.

  • Opinion

    Trump Campaign Officials Likely Violated CFAA

    Peter Toren

    The publicly available evidence strongly suggests that certain Trump campaign officials had knowledge that Russian hackers had penetrated the Democratic National Committee computer system before this became publicly known, and sought political benefit from this. If that is true, there is probable cause to charge Trump officials, and maybe the president himself, with felony violations of the Computer Fraud and Abuse Act, says former... (continued)