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Cybersecurity & Privacy

  • August 21, 2018

    Omnicare's $1.3M Deal In Credit Reporting Suit OK'd

    A California federal judge on Tuesday tentatively signed off on a $1.3 million deal ending a class suit alleging Omnicare Inc. violated the federal Fair Credit Reporting Act and California credit reporting law.

  • August 21, 2018

    Cambridge Analytica Agrees To Give Docs To Facebook Users

    The Chapter 7 trustee for scandal-plagued Cambridge Analytica reached a tentative deal in New York bankruptcy court Tuesday to hand over most of the documents in his possession to a group of Facebook users, who are suing the social media giant and the political consulting shop for allegedly misusing their personal data.

  • August 21, 2018

    2nd Circ. Says Carpenter Doesn’t Apply To Old Cases

    The Second Circuit on Tuesday ruled that the U.S. Supreme Court's recent Carpenter decision, which blocks law enforcement from pulling cellphone location information without a warrant, can’t be the basis to overturn the conviction of a man who helped a mother kidnap her child, saying law enforcement was acting under precedent at the time.

  • August 21, 2018

    Time Warner Cable Robocall Suit Stayed For 9th Circ. Appeal

    A California federal court on Monday yet again froze a proposed class action accusing Time Warner Cable Inc. of violating the Telephone Consumer Protection Act by repeatedly making automated calls to nonsubscribers, just weeks after the cable giant argued that the recently reactivated case had to be paused pending its parent company's First Amendment challenge.

  • August 21, 2018

    Kavanaugh Called Roe 'Settled Law,' Collins Says

    D.C. Circuit Judge and Supreme Court hopeful Brett Kavanaugh may have cleared a key hurdle on Tuesday, following a meeting with Republican holdout Sen. Susan Collins of Maine during which the moderate said Roe v. Wade is "settled law."

  • August 21, 2018

    Treasury Hits Russians With New Shipping, Cyber Sanctions

    The Trump administration handed down new sanctions against Russian companies and individuals that it accused of doing business with North Korean shippers and for trying to evade existing sanctions targeting Russian cyber-related activities.

  • August 21, 2018

    Harley-Davidson Dealership Looks To Ditch Fla. TCPA Suit

    A Miami-area Harley Davidson dealership asked a Florida federal judge Tuesday to dismiss a putative class action accusing it of violating the Telephone Consumer Protection Act or to require more specific accusations, arguing the current complaint is too vague.

  • August 21, 2018

    Booz Allen Wins $1B DHS Cybersecurity Contract

    READY FOR SLOT -- Booz Allen Hamilton said Tuesday the U.S. Department of Homeland Security has awarded it a $1.03 billion contract to serve as the main cybersecurity contractor for six government agencies. 

  • August 20, 2018

    Calif. High Court Says Background Check Laws Can Overlap

    California's highest court ruled Monday in favor of a class of current and former bus drivers who accused their employers and two investigative consumer reporting agencies of conducting background checks without permission, clearing up compliance guidelines that involve two overlapping state laws.

  • August 20, 2018

    Consultant Sues Facebook Over Fake Account

    A management consultant and academic sued Facebook Inc. in Florida federal court Friday, alleging the social media company should be liable for damage caused to his reputation by an imposter who pretended to be him on the site and listed mocking personal details, including that he was educated at the “Prostitute University of Dallas.”

  • August 20, 2018

    ISP Says Record Cos. Want It To Be ‘Copyright Police’

    Grande Communications warned a Texas federal judge Friday that Universal Music Group and a host of other recording companies are trying to make internet service providers their “de facto copyright enforcement agents.”

  • August 20, 2018

    PopSugar Seeks To Nip Instagram Influencer's IP Class Action

    PopSugar Inc. urged a California federal court on Friday to toss a law degree-holding Instagram influencer’s proposed class action over allegedly copied posts, arguing that she can’t accuse them of copyright infringement without proving that she registered the copyrights before filing suit.

  • August 20, 2018

    Google Tracks Users After It's Told To Stop, Consumer Says

    A California man has slapped Google Inc. with a putative class action in federal court accusing it of tracking users and recording their whereabouts even after they disabled the location feature on their smartphones.

  • August 20, 2018

    Ex-NFL Players Can't Sue EA Over 'Madden' Game As A Class

    A California federal judge has ruled that retired players cannot collectively sue Electronic Arts Inc. for featuring them in Madden NFL video games without authorization, a major victory for the game maker after years of litigation.

  • August 20, 2018

    DC Circ. Denies PETA Some Info On Primate Imports

    The U.S. Department of Health and Human Services is allowed to redact certain information about the importation of primates in documents requested by People for the Ethical Treatment of Animals, the D.C. Circuit has ruled, concluding that PETA cannot force the government to reveal confidential data that would cause importers competitive injury.

  • August 20, 2018

    Delta Customer Says Data Breach Suit Shouldn't Go To Calif.

    A Delta Air Lines customer urged a Georgia federal court to reject an online support services provider’s bid to send her proposed class action over a data breach to California to join a previously filed dispute, one day after challenging the airline’s motion that made the same request.

  • August 17, 2018

    Mueller Wants Up To 6 Months In Prison For Ex-Trump Aide

    Special Counsel Robert Mueller on Friday recommended a prison sentence of zero to six months for the former Trump adviser who pled guilty to lying to investigators about his interactions with individuals alleged to have ties to the Russian government during his time working for the campaign.

  • August 17, 2018

    Lobbyist Escapes Trump Fundraiser's Hacking Suit

    A California federal court ruled Friday that a lobbyist and his firm would not face claims they were involved in an alleged scheme by the Qatari government to hack the email account of a prominent Republican fundraiser and President Donald Trump supporter and leak stolen or doctored emails to the press.

  • August 17, 2018

    Electric Co. Beats TCPA Suit Over Service Sign-Up Calls

    An Ohio federal judge axed a putative class action accusing National Gas & Electric LLC of violating the Telephone Consumer Protection Act by placing calls to prospective customers, ruling that the plaintiff’s decision during the first phone call to enroll in services cleared the way for the utility and its vendors to continue to contact him.

  • August 17, 2018

    Arby's Must Extend Info Search In Data Breach Dispute

    A Georgia federal judge ordered Arby’s to expand its electronic information search in litigation brought by financial institutions and consumers over a data breach, one day after agreeing to pause the patrons’ part of the dispute to give them time to finalize a settlement that has been agreed to in principle.

Expert Analysis

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Extra Protection For Press In Law Enforcement Investigations

    Thomas Barnard

    When the FBI seized a New York Times journalist’s phone and email records earlier this year, the press was outraged. The authority to seize documents from a reporter has a higher threshold of approval than for normal investigations, and the failure to follow those requirements has a unique statutory remedy, say Thomas Barnard and Macy Climo of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • As IRS Eases Reporting, States Target Dark Money Reforms

    Amber Maltbie

    At the same time that the IRS is making it easier for nonprofits to shield their donors from inadvertent disclosure by eliminating a reporting requirement on annual tax filings, some states, such as Maine and Montana, continue to trend toward greater disclosure of donors to politically active nonprofits. It is thus imperative that nonprofits are cognizant of the complex and inconsistent rules among federal, state and local jurisdictions, say attorneys at Nossaman.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • The Curious Case Of Ripple's Removal

    Douglas Pepe

    Coffey v. Ripple Labs is a much-anticipated cryptocurrency case that squarely presents the question of whether Ripple is a “security” within the meaning of the securities laws. A recent decision in the case, however, addressed an important removal question of more general applicability, says Douglas Pepe of Joseph Hage Aaronson LLC. 

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • Internet Of Things Cos. Must Prepare For Law Enforcement

    Matthew Gardner

    As the internet of things device market develops, companies that proactively develop compliance strategies should be able to avoid many of the pitfalls that are sure to come as law enforcement changes the way it investigates cases, say attorneys at Wiley Rein LLP.

  • Sports Teams Need A TCPA Game Plan

    James Sammataro

    For professional sports franchises, texting is a wonderful fan-engagement tool. But it is also a potential legal hazard, as illustrated by several recent Telephone Consumer Protection Act class actions. If you want your fans screaming at the refs and not at you, heed five TCPA lessons, say attorneys with Stroock & Stroock & Lavan LLP.