Cybersecurity & Privacy

  • September 20, 2017

    SEC Says Hackers Hit Its Database, May Have Traded Off Info

    The U.S. Securities and Exchange Commission’s electronic filing system for public company disclosures was hacked last year, and the agency last month learned that the cyber-intruders may have traded off the nonpublic information that was exposed, agency Chairman Jay Clayton said in a statement Wednesday night.

  • September 20, 2017

    Data Theft Not Enough To Keep OPM Breach Suit, Judge Says

    A D.C. federal judge on Tuesday nixed multidistrict litigation brought against the U.S. Office of Personnel Management and contractor KeyPoint Government Solutions in the wake of a massive data breach that compromised personal data belonging to 21.5 million current, former and prospective government employees, ruling that the theft of data alone was not enough to establish standing.

  • September 20, 2017

    Financier Named In 'Frivolous' Fox News Suit Seeks Sanctions

    A wealthy Trump supporter accused of pushing a bogus murder conspiracy story on Fox News asked a Manhattan federal judge Tuesday to impose sanctions against a private investigator at the center of the dispute and his attorney for filing a frivolous lawsuit.

  • September 20, 2017

    Confusion Over Twins Leads To FCRA Suit Against Avis

    A case of mistaken identity cost a woman a job at car rental company Avis after a background check turned up an “extensive criminal history” that actually belonged to her twin brother, according to a Fair Credit Reporting Act suit filed Wednesday in California federal court.

  • September 20, 2017

    White Collar 'Goes Dark' With Rise Of Secret Messaging Apps

    White collar suspects’ use of email and other electronic communications about their illicit activity has been a boon to prosecutors for decades, but the rise of encrypted messaging apps and other new technology may be a roadblock to Wall Street prosecutors accustomed to a run of successes.

  • September 20, 2017

    Florida Strip Clubs Can't Duck Models' False Ad Suit

    A Florida federal judge on Wednesday refused to throw out a consolidated class action brought by professional models against several Florida strip clubs that allegedly used photos of them on social media without their consent, ruling the clubs’ attempt to toss the suit relies on arguments rejected in similar suits.

  • September 20, 2017

    D-Link Shakes FTC's Unfairness Claim In Data Security Row

    A California federal judge on Tuesday trimmed the Federal Trade Commission's closely watched suit accusing D-Link Systems Inc. of failing to adequately secure its connected devices, ruling that the commission had failed to allege any actual consumer injury to support its unfairness claim and that two of its deception claims weren't specific enough.

  • September 20, 2017

    8th Circ. Dismissal Warrants Toss Of Breach Suit: Scottrade

    Discount brokerage firm Scottrade Inc. renewed its push Tuesday for the dismissal of a putative class action over a data breach that compromised its consumers' personal information, pointing a Florida federal judge to the Eighth Circuit's recent decision dismissing a related case for which she had stayed the instant matter.

  • September 20, 2017

    DOD Poised To Take On Bigger Role In Background Checks

    Lawmakers are currently considering giving the U.S. Department of Defense direct control over background checks for its own employees and contractors. But even if they don’t, the official responsible for background investigations governmentwide told Law360 that the process — a perpetual thorn in contractors’ side — is likely to change.

  • September 20, 2017

    Global Cos. Say Internet Of Things Botnets Threaten All

    The world’s largest computer companies have called for a global response to the threats that botnets pose to federal networks and other critical infrastructure, arguing that targets vulnerable to hacking threaten the entire digital ecosystem, the federal agency advising the president on telecommunication policies said.

  • September 20, 2017

    CFPB Moves To Protect Borrower Info Under Mortgage Law

    The Consumer Financial Protection Bureau on Wednesday proposed changes to the information that lenders will have to provide under a mortgage disclosure law in a bid to protect the identities of borrowers.

  • September 20, 2017

    Feds Recommend About 2 Years For Weiner In Sexting Case

    Former U.S. Rep. Anthony Weiner should be sentenced to about two years in prison for sexting a 15-year-old girl, federal prosecutors in New York said on Wednesday, writing in the sentencing memorandum that while Weiner’s steep fall from grace is “indisputably sad,” there remains a real need for deterrence.

  • September 20, 2017

    Gov't Fights Sanctions Bid In Ex-Nurse's Privacy Suit

    The federal government urged a New Mexico federal judge Tuesday to deny a request for discovery sanctions from a former nurse who accuses it of spreading detailed information about her physical and sexual assault, claiming it has made every effort to comply with the requests.

  • September 19, 2017

    Fed Circ. Asked To Nix Finjan Cybersecurity Patents

    Blue Coat Systems Inc. and Palo Alto Networks Inc. asked the Federal Circuit to rethink a Patent Trial and Appeal Board ruling upholding a Finjan Inc. malware detection patent asserted against them, arguing that it had misinterpreted prior art.

  • September 19, 2017

    Equifax Probes Take Data Breach Scrutiny To Next Level

    The rash of investigations launched in the wake of Equifax's massive data breach signal a more open and aggressive approach to policing such incidents that is likely to leave companies rethinking their plans for responding to cyberattacks and cooperating with officials, attorneys say.

  • September 19, 2017

    Donna Karan FACTA Suit Fails Under Spokeo, 2nd Circ. Says

    The Second Circuit held Tuesday that a shopper accusing Donna Karan of Fair and Accurate Credit Transactions Act violations failed to allege a concrete injury as required by Spokeo, standing by a lower court's decision that the consumer didn't show sufficient harm stemming from the retailer, including too many credit card digits on his receipt.

  • September 19, 2017

    Fox Says Contributor Can't Sue Over 'Pre-Approved' Quotes

    A Fox News contributor can’t bring a defamation suit against the company based on quotes he pre-approved and repeated himself on other shows, Fox told a New York federal court Monday in hopes of dismissing a suit related to a now-retracted article about the killing of a Democratic National Committee aide.

  • September 19, 2017

    Online Dating Scammer Pleads Guilty To Fraud

    A man who posed on dating sites as a millionaire to elicit confidential financial information and steal victims' identities has pled guilty to two counts, New York federal prosecutors said Tuesday.

  • September 19, 2017

    Pa. AG Touts Efforts Regarding Trump, Equifax, Opioid Makers

    Pennsylvania Attorney General Josh Shapiro on Tuesday outlined the broad activist agenda he has been pursuing since taking over the scandal-plagued office in January, touting his readiness to confront the Trump administration and the state’s role at the lead of several multistate investigations into corporate malfeasance.

  • September 19, 2017

    Facebook Users Urge 9th Circ. To Revive Privacy Claims

    Facebook users told the Ninth Circuit on Monday that a California district court erred in tossing their proposed class action, because they did not consent to the social media giant’s gathering of their browsing data from several health websites.

Expert Analysis

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • 4 Steps To A Successful Outsourcing Contract

    James Meadows

    The cause of British Airways' estimated £80 million information technology failure in May 2017 was human error, but human error outsourced. These kinds of disasters bring into sharp relief the exposures that may trip up even the most well-intentioned outsourcing arrangements, say James Meadows and Heather Clauson Haughian of Culhane Meadows PLLC.

  • Managing Digital Vendor Risk — The Next Compliance Frontier

    Chris Olson

    Unfortunately, heightened awareness of third-party cyberrisk and the urgency of identifying third-party activity has not fully extended to the consumer-facing digital assets — websites, mobile applications, social media — that form the backbone of modern business-to-consumer communications, says Chris Olson, CEO of The Media Trust.

  • Risks And Rules For Data Collection At Retail Properties

    Daniel Ray

    Brick-and-mortar retailers and other property-level businesses have increasingly taken advantage of technology in learning about consumer behavior. But security breaches of consumer information have led to government investigations and multimillion-dollar settlements. Businesses should incorporate privacy principles at every stage of the development of data tracking and collection programs, say attorneys with King & Spalding LLP.

  • Large And Small Cyberrisk Solutions For Health Care Cos.

    John Gilligan

    Following the radical changes brought by advances in internet of things technology, the health care industry must take both immediate micro steps and larger macro steps to protect its patients from cyberrisks, say John Gilligan and Kimberly Metzger of Ice Miller LLP.

  • Equifax Brings Early Lessons On Insider Trading Policies

    Gary Tygesson

    Insider trading allegations have surfaced at Equifax, where three executives sold nearly $2 million in shares of the company’s stock days after the cyberattack was discovered but before the news was announced. The situation raises a number of fundamental questions about Equifax’s insider trading policy, say Gary Tygesson and Cam Hoang of Dorsey & Whitney LLP.

  • Opinion

    Congress Must Do More To Speed Up DOD Cyber Acquisitions

    Daniel Schoeni

    The slow pace of cyber acquisitions constitutes a significant vulnerability. Congress has relieved some of the U.S. Department of Defense's regulatory burden in the past two years, but the streamlining efforts do not go nearly far enough to deter our enemies, says Daniel Schoeni, a judge advocate with the U.S. Air Force.

  • How To Stay Protected When Using Biometrics Post-Spokeo

    Benjamin Byer

    Recently, a wave of lawsuits has accused companies of violating biometric privacy laws. But the two-part test established by the Ninth Circuit in Robins v. Spokeo creates another hurdle for plaintiffs seeking to file these types of lawsuits, say Benjamin Byer and John Parsi of Davis Wright Tremaine LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Fixing The Broken Software Supply Chain As Legal Counsel

    Marty Mellican

    The supply chain for the software industry is inefficient and dysfunctional, costing tens of billions per year in waste while also injecting risk into companies, governments and households worldwide. In-house counsel for both software suppliers and buyers should work together in order to transform this supply chain, says Marty Mellican of Flexera Software LLC.