Cybersecurity & Privacy

  • August 18, 2017

    FTC’s Deal With Uber Shows It Won’t Let Up On Data Security

    A settlement imposed Tuesday by the Federal Trade Commission against Uber for failing to deliver on its data-security promises signals the agency is intent on enforcing consumer information safeguards in spite of statements the acting chairman made after her appointment by the Trump administration, attorneys say.

  • August 18, 2017

    DC Circ. Says Cellphones' Ubiquity Not Enough For Warrant

    The D.C. Circuit on Friday threw out evidence obtained under a search warrant seeking cellphones and electronic devices without showing probable cause the suspect owned any, ruling that the fact that most people own cellphones is not enough to search someone's home.

  • August 18, 2017

    Liquor Chain Wants 5th Circ. To Revive Hack Coverage Suit

    A Texas liquor store chain urged the Fifth Circuit on Friday to reverse the lower court ruling that found Hanover Insurance was not obligated to pay the costs of a lawsuit seeking recovery of $4 million charged by the chain’s credit card processor following two data breaches, arguing the policy exclusions were wrongly interpreted. 

  • August 18, 2017

    Trump Or Congress Must OK Tax Return Release, Judge Says

    The Electronic Privacy Information Center has lost its bid to secure the release of President Donald Trump’s tax returns, with a D.C. federal judge holding Friday that the president needs to give his consent or Congress has to sign off, but either way, there’s nothing the court can do.

  • August 18, 2017

    Google Must Turn Over Foreign Server Data, Pa. Judge Affirms

    A Pennsylvania federal judge Thursday backed a magistrate judge’s order that Google must comply with two search warrants and turn over data stored on overseas servers, deepening a break with the Second Circuit, which reached the opposite conclusion in a case over data Microsoft stored outside of the country.

  • August 18, 2017

    6th Circ. Ends Rand Paul's FATCA Challenge

    A Sixth Circuit panel on Friday shot down a challenge to Foreign Account Tax Compliance Act measures from Sen. Rand Paul, R-Ky., and others, ruling that the group can’t show they were actually harmed by the law.

  • August 18, 2017

    Public Citizen Sues Secret Service Seeking Visitor Logs

    A liberal think tank promoting consumer rights hit the U.S. Secret Service with a lawsuit in D.C. federal court on Thursday alleging the agency has unlawfully ignored or rejected requests for its visitors logs.

  • August 18, 2017

    House Lawmakers Press IRS To Beef Up Rehiring Policies

    House Ways and Means Committee members urged the Internal Revenue Service to stop rehiring employees who had been fired for performance issues, noting Thursday that the agency has come under fire for the practice and that a recent audit raised “serious concerns.”

  • August 18, 2017

    Trump Elevates Status Of DOD Cyber Command

    President Donald Trump on Friday announced that he will elevate U.S. Cyber Command to a top-level military command focused on cyberspace operations, with U.S. Department of Defense brass also considering whether to separate Cybercom from the National Security Agency.

  • August 17, 2017

    Ex-Bank Exec Pleads Guilty To $3M Fraud, Identity Theft

    A former executive at Virginia Commerce Bank and Fulton Bank pled guilty Thursday in Virginia federal court to fraud and identity theft charges after he allegedly caused $3 million in losses by facilitating the fraudulent issuance of loans, among other acts.

  • August 17, 2017

    Citing Spokeo, Judge Blocks TCPA Class Against Pet Insurer

    An Illinois federal judge refused Wednesday to certify a class in a Telephone Consumer Protection Act suit over a pet health insurance company's alleged robocalls, saying evidence that some individuals consented to the calls prevents them from claiming injury under the U.S. Supreme Court’s Spokeo decision.

  • August 17, 2017

    Cable Group Says FCC VoIP Robocall Plan Could Be Costly

    The Federal Communications Commission's efforts to combat unwanted robocalls, which includes the proposed introduction of call authentication technology that would allow providers to block calls from unassigned numbers, must take into account the potential cost burden for smaller Voice over Internet Protocol providers, the American Cable Association said Wednesday.

  • August 17, 2017

    DOL Beats FOIA Suit Over Personal Email Records

    A D.C. federal judge found for the U.S. Department of Labor on Wednesday in Landmark Legal Foundation's litigation seeking records related to the use of private emails and other personal accounts to conduct agency business, noting that a near-identical request by the conservative legal organization was deemed invalid in another action.

  • August 17, 2017

    Watchdog Pushes CFPB On Buffett Home Co.’s Minority Loans

    A government watchdog group on Thursday asked the Consumer Financial Protection Bureau for information regarding any consumer complaints about lending practices at Clayton Homes Inc., a manufactured home company under Warren Buffett’s corporate umbrella.

  • August 17, 2017

    Macy's Fights Class Cert. Bid In Robocall Suit

    Macy’s urged a Florida federal judge on Wednesday not to certify a proposed class of consumers who accuse the retailer of making unwanted debt collection calls using an automated dialing machine, arguing that the proposed class is too vaguely defined and the named plaintiff is not an adequate representative. 

  • August 17, 2017

    Cybersecurity Firm Investor Seeks Appraisal After Merger

    An investor in cybersecurity technology firm Trustwave Holdings Inc. filed a putative class action suit and appraisal petition in Delaware late Wednesday saying the company’s CEO pushed through an $810 million merger without providing details of the deal to shareholders.

  • August 17, 2017

    Scottish Parliament Says 'Brute Force' Cyberattack Ongoing

    The Scottish Parliament is still laboring under a massive cyberattack that first flooded its systems Tuesday, a spokesperson said Thursday.

  • August 17, 2017

    Analyst Says IT Security Spending Will Reach $86.4B In 2017

    Cybersecurity spending will reach $86.4 billion in 2017, a 7 percent increase over last year and a sign that IT security companies can benefit from the relentless pace of data breaches, analyst Gartner Inc. said Wednesday.

  • August 16, 2017

    Testifying Exec A 'Convincing Liar,' Texting Scam Jury Hears

    Counsel for a former mobile technology company executive accused of participating in a scheme that reaped millions by signing unknowing consumers up for messaging services went after one of the company's ex-vice presidents Wednesday, relentlessly lobbing questions in an effort to cast doubt on the man’s testimony and distance his client from the alleged crimes.

  • August 16, 2017

    Phony Discount Clubs Stole $42M From Consumers, FTC Says

    The Federal Trade Commission launched a suit in Georgia federal court Tuesday accusing a group of marketers of bilking scores of consumers out of more than $42 million by signing them up for bogus memberships in a trio of online discount clubs without their permission.

Expert Analysis

  • Protecting The Privacy Of Privileged Internal Investigations

    Donna Fisher

    Despite the fact-dependent nature of privilege, complicated by the diversity of approaches across jurisdictions, corporations can take effective measures to best protect confidential attorney-client communications and attorney work product relating to internal investigations, say attorneys with Pepper Hamilton LLP.

  • Clarifying FCRA Stand-Alone Disclosure Rule At 7th Circ.

    Steven Pearlman

    The Seventh Circuit's recent decision in Groshek v. Time Warner Cable is a valuable win for employers, as it provides important guidance as to what does not constitute a concrete injury with respect to the Fair Credit Reporting Act stand-alone disclosure rule, say attorneys with Proskauer Rose LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Is The Hutchins Indictment Over Malware Unconstitutional?

    Alex Berengaut

    ​In a dramatic turn of events, the British security researcher who stopped the WannaCry malware attack has been indicted in the U.S. for creating and selling the Kronos malware. But it is an open question whether the indictment fails to allege a sufficient nexus between Marcus Hutchins and the U.S. for purposes of the Fifth Amendment, says Alex Berengaut of Covington & Burling LLP.

  • The Internet Of Things: A Tangled Web Of Evidentiary Issues

    George Gasper

    In recent months, news stories have highlighted the increasingly prominent role electronic devices like Fitbit, Amazon Echo and Google Home are playing in litigation and courtrooms across the country. As electronic devices drive the legal landscape's evolution, attorneys need to be well-versed in issues related to the internet of things and data privacy and security, say George Gasper and Stephanie Courter of Ice Miller LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.