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Cybersecurity & Privacy

  • October 18, 2018

    Fund Takes 2nd Stab At Uber Fraud, Illicit Biz Practices Suit

    A Texas-based retirement fund took another stab at a proposed California class action alleging Uber Technologies Inc. and its ex-CEO Travis Kalanick's illicit business tactics, corporate bullying, institutionalized harassment and rampant flouting of the law cost investors billions.

  • October 18, 2018

    3 Takeaways From ABA's Firm Breach Disclosure Guidance

    The American Bar Association's recent guidance on notifying clients about data breaches sets a high standard for lawyers striving to meet their ethical obligations and will likely prompt many law firms to take a harder look at their current incident preparation and response efforts, attorneys say. Here, attorneys flag three major takeaways from the new guidance.

  • October 18, 2018

    NY Trial Set To Determine Owner Of Contested Crypto Platform

    A business developer accused of sneaking her name onto corporate paperwork to steal control of a budding peer-to-peer cryptocurrency platform agreed Thursday to an expedited Nov. 5 trial in Manhattan to determine whether she rightfully owns the platform.

  • October 18, 2018

    Can A 'Shitty Media Man' Unmask His Accusers?

    A controversial lawsuit filed last week over a list of men accused of sexual misconduct included a pointed threat to unmask the women who contributed to the document, setting the stage for a potential First Amendment battle over anonymous online speech.

  • October 18, 2018

    Ex-FBI Agent Gets 4 Years For Leaking Defense Info

    A former FBI agent was sentenced to four years in prison in Minnesota federal court Thursday on charges related to taking secret government defense information and disclosing it to a news organization, according to the U.S. Department of Justice.

  • October 18, 2018

    Fidelity's Foray Into Bitcoin Likely To Boost Crypto Appeal

    Fidelity Investments’ plans to form a stand-alone company that will enable hedge funds and other professional investors to store and trade cryptocurrencies like bitcoin could potentially pave the way for more institutional investment into the fledgling asset class.

  • October 18, 2018

    Fintech Cops Urged To Play Nice, But Sandbox Is A Hard Sell

    A recent Treasury Department report proposed a host of ideas for boosting development in America's financial technology sector and keeping it globally competitive, including a "sandbox" for experimenting with new products and services, but experts say a morass of regulatory agencies makes building such a playground difficult in the U.S.

  • October 18, 2018

    FCC Gets Input On Autodialer Definition After 9th Circ. Ruling

    The FCC has received the first round of public comments on how it should apply restrictions on automatic telephone dialing systems under the Telephone Consumer Protection Act in the wake of the Ninth Circuit's decision in Marks v. Crunch San Diego, with businesses and industry groups largely advocating a narrow interpretation of the law.

  • October 18, 2018

    Canadian Securities Watchdog Reveals Market Protection Plan

    The Canadian Securities Administrators on Thursday published a notice informing market participants about its method for handling a market disruption to Canadian capital markets, including instances related to a large-scale cybersecurity incident.

  • October 18, 2018

    LabMD Exec Sees FCA Suit Against Tiversa Trimmed

    A New York federal judge has trimmed a False Claims Act suit brought by the president of LabMD accusing cybersecurity firm Tiversa of fabricating data breaches to secure government contracts, concluding that the executive sufficiently alleged fraud for some claims, but that others don’t hold up.

  • October 18, 2018

    Calif. Urges Justices To OK Depositions On Census Question

    The California attorney general has urged the U.S. Supreme Court to let 17 states and interest groups depose U.S. Department of Commerce Secretary Wilbur Ross in lawsuits challenging the Trump administration’s decision to add a citizenship question to the 2020 census.

  • October 17, 2018

    Ex-Fed Agent Can't Ditch Silk Road Bitcoin Theft Sentence

    A California federal judge Wednesday denied an ex-Secret Service agent’s bid to vacate a nearly six-year sentence for stealing bitcoin during an investigation of black market website Silk Road, saying the law enforcement officer “knowingly and voluntarily” entered into his plea deal and his counsel “was not ineffective.”

  • October 17, 2018

    NY Times Urges Judge To Unseal Docs In Trump Dossier Row

    The New York Times asked a Florida federal court Wednesday to unseal documents filed by both sides of a Russian tech executive’s defamation lawsuit against BuzzFeed over its publishing of a dossier alleging ties between Russia and President Donald Trump.

  • October 17, 2018

    FTC On Ropes As Courts Wallop Suits Over Past Conduct

    The Federal Trade Commission's power to punish past conduct involving consumer fraud or anti-competitive shenanigans is looking wobbly after a one-two punch of court decisions forcing the agency to also identify imminent or ongoing violations when it challenges prior behavior.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    EBay Accuses Amazon Of Poaching Top Sellers

    EBay Inc. hit Amazon.com with a lawsuit in California state court Wednesday, accusing the Seattle-based online retail giant of orchestrating a massive campaign to poach top sellers from eBay's online trading platform in violation of the California Computer Data Access and Fraud Act and state business statutes.

  • October 17, 2018

    Jury Will Likely Decide Legality Of Disney’s Kid Data Scrape

    A California federal judge expressed ambivalence Wednesday about putative class claims that Disney, Viacom and others illegally sold information surreptitiously culled from child video gamers, saying while the data didn’t seem very private, a jury should likely decide whether “a reasonable person would find this offensive.”

  • October 17, 2018

    Sultzer Law Adds 2 Class Action Pros From Wolf Haldenstein

    The Sultzer Law Group has nabbed two Wolf Haldenstein Adler Freeman & Herz LLP partners to bolster its New York City offerings with their extensive experience litigating class actions in areas such as product liability, cybersecurity and privacy, antitrust, employment and securities, the firm said Tuesday.

  • October 17, 2018

    Hertz Says Consumer's Robocalls Suit Too Narrow For Class

    The Hertz Corp. has asked an Illinois federal judge to dismiss a consumer's proposed class action alleging invasion of privacy based on robocalls the company made to him when his mother kept a car weeks past due, saying the circumstances are too specific to represent a group.

  • October 17, 2018

    ABA Says Attys Must Inform Clients After A Data Breach

    The American Bar Association unveiled ethics requirements Wednesday that say attorneys should notify current clients in the event of a data breach and to keep clients updated on the findings of any investigation into the breach.

Expert Analysis

  • How New Calif. Law Will Impact Device Cybersecurity

    Laura Stefani

    A new California law requires specific types of cybersecurity protections for internet-connected devices. But the proliferation of state-based internet of things requirements could hinder efforts to develop and implement uniform national standards, says Laura Stefani of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • No Bots About It: California's Crackdown On Chatbots

    Anthony Ascombe

    Last month, California Gov. Jerry Brown signed a law restricting the use of automated online “bot” accounts. The law was drafted in part to help prevent election interference through the propagation of fake news, but it will also impact businesses that use bots to communicate with customers, say attorneys at Steptoe & Johnson LLP.

  • How GDPR Affects Targeted Marketing

    Christian Auty

    It's not very surprising that the first enforcement action under the European Union’s General Data Protection Regulation was directed at a North American advertiser. The GDPR is a global law, and advertisers and social networks, wherever they are located, will be among the early targets, says Christian Auty of Much Shelist PC.

  • How FTC Is Stepping Up Its Consumer Protection Efforts

    Jonice Gray Tucker

    The Federal Trade Commission, which once dominated the playing field on many consumer protection issues, appears poised to reclaim a more active role in connection with financial products and services, say attorneys with Buckley Sandler LLP.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • Crypto As Commodity, And The Bankruptcy Implications

    Joanne Lee Molinaro

    With the recent ruling in My Big Coin Pay that bitcoin and other cryptocurrencies are “commodities,” bankruptcy courts will likely have greater discretion regarding how to treat the valuation of cryptocurrencies in a variety of contexts, say Joanne Lee Molinaro and Susan Poll Klaessy of Foley & Lardner LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Can Blockchain Deliver Secure IT Solutions For Health Care?

    Jonathan Gordon

    Blockchain-powered tools may revolutionize health care by allowing providers to easily exchange medical and health records while still protecting patients' information, but entrepreneurs must carefully consider novel legal challenges and questions, say Jonathan Gordon and Jesse Welsh-Keyser of Alston & Bird LLP.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Data Privacy Vs. Cybersecurity At Your Company

    Scott Warren

    ​Which is more important — data privacy or cybersecurity? ​M​ost in-house counsel know the answer depends on which receives the limited available compliance budget.​ But companies should think about the issue from a broader trade secret perspective, says Scott Warren of Squire Patton Boggs LLP.