Cybersecurity & Privacy

  • April 25, 2018

    New Slate Of FTC Members Ready For Senate Approval

    The currently two-member Federal Trade Commission now has a full set of new commissioners in the pipeline, after a Senate committee on Wednesday advanced Democratic final nominee Rebecca Slaughter for a spot on the commission.

  • April 25, 2018

    Bill Would Let Feds Quickly Ban Software From Gov't Use

    Sen. Dianne Feinstein, D-Calif., introduced a bill Tuesday that would give the federal government authority to ban the use of private companies' software across government without notice, in a measure she said would help shield federal computer systems from foreign attacks.

  • April 25, 2018

    DHS Must Improve Cybersecurity Protections, GAO Says

    The Department of Homeland Security has made significant strides in thwarting cyberattackers in recent years but still needs to make improvements to ensure that the country's critical infrastructure is safe, a government watchdog report concluded Wednesday.

  • April 24, 2018

    Madonna's Breakup Letter From Tupac Up For Grabs

    Madonna lost her fight to stop a collectibles dealer from selling personal memorabilia that include a now-public letter from ex-boyfriend Tupac Shakur when a New York state judge said in a ruling filed Monday that her claims were time-barred because the alleged theft happened more than a decade ago.

  • April 24, 2018

    Cybersecurity Warning May Bring Gov't, Industry Together

    The U.S. and U.K. governments’ recent joint warning about hacking threats from Russia offers assurance to businesses that government officials are open to working with them to combat such cyberattacks, while potentially emboldening them to push for stronger deterrence measures, attorneys say.

  • April 24, 2018

    Tempur Sealy, Web Host Fight Bid To Revive Data Breach Suit

    Tempur Sealy International Inc. and its former website host Aptos Inc. asked a Georgia federal judge Monday to reject a bid to revive a proposed class action accusing the companies of lax security practices that opened the door to a 2016 data breach, arguing the latest complaint raises no plausible new claims.

  • April 24, 2018

    New Senate Bill Calls For Social Media Data Transparency

    Two U.S. senators, one Republican and one Democrat, introduced legislation Tuesday that would require social media companies to post clear and concise terms of service and tell users more about what sorts of "individually identifiable" data they collect.

  • April 24, 2018

    Judge Doubts 'Severe' Sentence For Russia-Hired Hacker

    A California federal judge on Tuesday held off on sentencing a Canadian "hacker-for-hire" to nearly eight years in prison for breaking into thousands of email accounts, some at the bidding of Russian agents tied to a Yahoo cyberattack, saying it’s severe and he doesn’t want to create an "unwarranted sentencing disparity" among hackers.

  • April 24, 2018

    In-House Attys Must Become Data Privacy Pros, Experts Say

    In-house counsel must prepare for sweeping new data privacy regimes and gird their organizations against a potential cyberbreach by educating themselves about the technical aspects of cybersecurity and building collaborative relationships with other corporate departments, a panel of experts told corporate counsel at a conference on Tuesday.

  • April 24, 2018

    Yahoo Fined $35M For Waiting Nearly 2 Yrs To Reveal Breach

    The U.S. Securities and Exchange Commission on Tuesday said Altaba Inc., the company formerly known as Yahoo, will pay $35 million for misleading investors by waiting nearly two years to acknowledge a massive computer breach, the first such penalty ever levied against a publicly traded company for failing to disclose a cyberattack.

  • April 24, 2018

    SEC Takes Closer Look At 5 NYSE Proposed Bitcoin ETFs

    The U.S. Securities and Exchange Commission said it wants additional time to deliberate on a New York Stock Exchange proposal to list five bitcoin-related exchange traded funds, representing the largest batch of several bitcoin-related filings the SEC has under review.

  • April 24, 2018

    Nortek Hit With TCPA Suit Over Unsolicited Robocalls

    Nortek Security & Control LLC was hit with a proposed class action Monday in Florida federal court accusing the home and business security system company of violating the Telephone Consumer Protection Act by placing robocalls to advertise one of its home security products.

  • April 24, 2018

    FisherBroyles Nabs Cyber Litigator From Insurance Boutique

    FisherBroyles LLP has landed the former cybersecurity practice co-chair from boutique insurance firm Traub Lieberman Straus & Shrewsberry LLP to expand its New Jersey presence.

  • April 24, 2018

    Calif. Drivers Seek Cert. In Toll-Fine Due Process Suit

    California motorists asked a federal judge Monday to certify their class action alleging the operators of cashless tolls around Orange County unlawfully used drivers’ personal information to collect unpaid tolls and unconstitutionally hit drivers with overblown fines, saying the operators engaged in uniform violations of the law.

  • April 24, 2018

    LabMD Says Judge Biased, Must Recuse In Tiversa Suit

    LabMD said Monday in a defamation suit against Tiversa, which allegedly made false claims about it to the Federal Trade Commission, that the magistrate judge handling the case is biased because she has consistently ruled against it and in favor of the cybersecurity firm, requiring a recusal.

  • April 24, 2018

    Tiversa Faked Breaches For Fed Contracts, LabMD Prez Says

    LabMD has added to its multifront battle with Tiversa stemming from the exposure of a patient data file, with a recently unsealed False Claims Act suit lodged by the now-shuttered laboratory’s president that accuses the cybersecurity firm of fabricating breaches to land lucrative government contracts.

  • April 24, 2018

    Pizza Chain Settles Consumers' TCPA Suit For $22.6M

    “Take-and-bake” pizza chain Papa Murphy’s has agreed to a $22.6 million cash and voucher payment to settle a proposed class action alleging it violated the Telephone Consumer Protection Act, according to a bid for preliminary approval filed in Washington federal court.

  • April 23, 2018

    Feds Defend Searching Phones At Border Without Warrants

    Attorneys for the U.S. Department of Justice defended its border-search practices — including those involving cellphones — on Monday at a Boston court hearing where the federal government clashed with the American Civil Liberties Union over a centuries-old question of what personal belongings law enforcement officers can inspect without a warrant at the nation’s borders.

  • April 23, 2018

    Crypto Giant Can't Arbitrate Laundering Claims: 11th Circ.

    A customer of the defunct cryptocurrency exchange Cryptsy does not have to arbitrate his proposed class action against digital currency giant Coinbase Inc. alleging it helped Cryptsy’s CEO launder roughly $8 million in stolen customer funds, the Eleventh Circuit said Monday.

  • April 23, 2018

    Bill To Revive Congressional Tech Office Likely This Week

    In the wake of Facebook CEO Mark Zuckerberg’s testimony this month, a group of Democratic legislators is urging the House Appropriations Committee to revive the Office of Technology Assessment, which had advised Congress on new and future technology until its 1995 defunding.

Expert Analysis

  • AI Creates Legal Challenges For The Fashion Industry

    William Forni

    Artificial intelligence is playing a growing role in the product development, marketing and sales strategies of fashion designers and retailers. This revolution brings uncertainty in the areas of trade secret protection, traditional intellectual property rights and privacy law, say William Forni of Calvin Klein, and Ben Quarmby and Daniel Michaeli of MoloLamken LLP.

  • Medical Device Cybersecurity: Preparing For The Worst

    Sonali Gunawardhana

    Connected medical technology improves the lives of patients, but serious concerns can arise when hackers exploit security holes in these devices. Attorneys should advise their medical device manufacturer clients to develop and test detailed recall plans, and find better ways to reach consumers when a recall happens, say Sonali Gunawardhana of Shook Hardy & Bacon LLP and Chris Harvey of Stericycle Expert Solutions.

  • New Wash. Employment Laws Focus On Privacy And #MeToo

    Christopher Gegwich

    June will be a busy month for employers in the state of Washington. The impending activity is a result of Gov. Jay Inslee’s recent signing of a series of bills that directly impact the employer-employee relationship and impose a variety of new restrictions and obligations on employers, say Christopher Gegwich and Christopher Moro of Nixon Peabody LLP.

  • Can A Single FTC Commissioner Constitute A Quorum?

    Stephen Calkins

    With Federal Trade Commissioner Terrell McSweeny resigning soon, acting Chairman Maureen Ohlhausen could become the sole commissioner. The FTC seems to think it can act by a 1-0 vote, but this may be unlawful and is certainly unwise, say Stephen Calkins of Wayne State University and John Villafranco of Kelley Drye & Warren LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Highlights Of ABA Antitrust Spring Meeting: Part 3

    Eric Weiss

    In the final article of their series on the American Bar Association’s 66th Antitrust Law Spring Meeting, attorneys with Perkins Coie LLP offer key takeaways from some of the sessions on consumer protection.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • What's New In NIST’s Updated Cybersecurity Framework

    Alan Raul

    On Tuesday, the National Institute for Standards and Technology released a revised version of its standard-setting Cybersecurity Framework, once again producing a useful, flexible document that can be applied or adapted by a wide range of companies, says Alan Raul, leader of Sidley Austin LLP's cybersecurity practice.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.