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Cybersecurity & Privacy

  • September 20, 2018

    Challenge To No-Fly List Airborne Again, 9th Circ. Says

    The Ninth Circuit ruled Thursday that the government must face a suit brought by a naturalized U.S. citizen who alleges it put his name on the no-fly list to try to induce him to become an informant, reversing an Oregon federal court’s decision.

  • September 20, 2018

    3rd Circ. Backs Penn State Email Probe, 'Dismayed' By Tactics

    A Third Circuit panel on Thursday backed a lower court decision to toss a lawsuit accusing two state investigators of illegally obtaining a Penn State University employee’s work emails, saying while it was “dismayed” by the pair’s use of an improper subpoena, her employers had the authority to hand them over.

  • September 20, 2018

    Facebook Must Fix Data Policy Or Face Action, EU Says

    A top European Commission official on Thursday slammed Facebook for its "misleading" new data use policy and warned that the site could face sanctions if it doesn't comply with European consumer law by the end of the year, while separately praising Airbnb for making several "necessary" pricing disclosure and consumer redress changes.

  • September 20, 2018

    PayPal Investors Face Skeptical Judge In Hack Class Action

    A California federal judge seemed skeptical Thursday about whether a proposed class of PayPal shareholders’ data breach suit could move forward, saying his “biggest issue” was the suit’s reliance on confidential witnesses, whose allegations were “pretty amorphous,” especially when it came to showing the company knowingly hid the breach in an early press release.

  • September 20, 2018

    Counsel Needs 'Backup' For Payment In $4.75M Vertex Deal

    A Massachusetts federal magistrate judge has told Anderson & Wanca and Swartz & Swartz PC that they failed to submit sufficient evidence of the firms' expenses that went into striking a $4.75 million deal with Vertex Pharmaceuticals Inc. to end class action allegations of unsolicited faxes.

  • September 20, 2018

    9th Circ. Saves Gym TCPA Suit After DC Circ. Ruling

    The Ninth Circuit on Thursday revived a proposed class action accusing gym chain Crunch San Diego LLC of spamming members' cellphones with promotional text messages, finding that a recent D.C. Circuit decision led to an expanded definition of an autodialer under the Telephone Consumer Protection Act.

  • September 20, 2018

    NY Times Sues For FCC's Russia-Linked Net Neutrality Docs

    The New York Times hit the Federal Communications Commission with a Freedom of Information Act lawsuit Thursday in New York federal court accusing the FCC of lobbing “a series of roadblocks” as the newspaper seeks records on potential Russian interference in the rulemaking process that repealed net neutrality.

  • September 20, 2018

    Data Breaches Caused No Harm, Health System Argues

    A 13-hospital health system has again urged a Wisconsin federal judge to toss a proposed class action stemming from two phishing attacks, arguing the plaintiffs haven’t raised a single example of traceable harm.

  • September 20, 2018

    'Boston Med' HIPAA Lapses Spawn $1M In Hospital Payouts

    A trio of prestigious Massachusetts hospitals will collectively pay almost $1 million to resolve allegations they flouted the Health Insurance Portability and Accountability Act by disclosing patient information during filming of the ABC documentary series “Boston Med,” federal regulators announced Thursday.

  • September 20, 2018

    Cybersecurity Soon To Be Key To DOD Deals, Official Says

    Deputy Defense Secretary Patrick Shanahan said Wednesday that strong cybersecurity will likely become one of the key pillars for determining U.S. Department of Defense contract awards in the future, also laying out further details on the DOD’s plans for implementing the proposed U.S. Space Force.

  • September 20, 2018

    White House Cyber Plan Calls For Deterrence, Legal Revamp

    The White House warned Thursday that it would authorize offensive cybersecurity operations and "modernize" federal computer crime laws as part of a new national cybersecurity strategy.

  • September 20, 2018

    What In-House Counsel Can Do To Fight Cyberthreats

    In-house counsel can play a pivotal role in helping their businesses prepare for possible data breaches, as companies of all sizes across industries seek to maintain security amid unprecedented challenges from cyberattacks. Here, Law360 looks at four ways in-house lawyers can leverage their knowledge and responsibilities to ready their companies against online threats.

  • September 20, 2018

    Data Regulator Plans GDPR 'Sandbox' To Test Compliance

    The U.K.’s data regulator has announced plans to create a regulatory test site to help companies try out innovative business ideas without breaching Europe’s new information protection regime and risking tough penalties.

  • September 19, 2018

    Mass. Doc Dodges Prison After Giving Patient Info To Drug Co.

    A Massachusetts gynecologist will not spend time behind bars for disclosing her patients’ private medical information to a sales representative at Warner Chilcott, then lying about it to federal agents, a federal judge decided Wednesday after prosecutors recommended she spend nearly two years behind bars.

  • September 19, 2018

    Hackers Probed But Didn't Breach Conn. Utilities, Report Says

    Hackers launched hundreds of millions of failed attempts to breach Connecticut's public water, energy and grid systems over the past year and despite the state's successful defense, a data breach poses a substantial risk, according to a new report.

  • September 19, 2018

    Reps. Press Google On YouTube's Use Of Kids' Data

    A bipartisan pair of House lawmakers are pressing Google to detail how YouTube handles personal information belonging to children who use the popular video-sharing service, saying that a recent complaint filed with the Federal Trade Commission raised serious questions over whether the site is in step with the Children’s Online Privacy Protection Act.

  • September 19, 2018

    Glassdoor Fights Order To Hand Over Reviewers' Identities

    Counsel for Glassdoor Inc. told the Texas Supreme Court in oral arguments Wednesday that a state free speech law should defeat a trial court's order that the company hand over the identities of two individuals who posted anonymous negative reviews of an online lingerie retailer.

  • September 19, 2018

    UK Data Watchdog Fines Equifax For Cybersecurity Breach

    Britain's data watchdog fined credit reference agency Equifax Ltd. £500,000 ($656,000) on Thursday for failing to protect the personal information of up to 15 million U.K. citizens during a cyberattack in 2017.

  • September 19, 2018

    Fed. Circ. Affirms Validity Of Cybersecurity Patent

    The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board decision that a malware detection patent asserted against Palo Alto Networks Inc. is not obvious.

  • September 19, 2018

    DOD Goes On Offense In New Cyber Strategy

    The U.S. Department of Defense on Tuesday issued a new cyber strategy that allows for the increased use of offensive cyberattacks, as its focus turns towards cyber competition with China and Russia.

Expert Analysis

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Zaslavskiy Does Little To Encourage Clear Crypto Guidance

    Alexis Collins

    A New York federal judge's decision last week in Zaslavskiy relieves the government of a potentially significant pleading burden when bringing cryptocurrency actions, but does not encourage clarification of clear standards for application of the Howey test, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Inside China’s Latest Cybersecurity Regulation Proposal

    Xiaoyan Zhang

    China's draft Cybersecurity Multi-Level Protection Scheme requires compliance from “network operators,” which is broadly defined in the Cybersecurity Law and could in practice cover any entity operating a computer network in China, say attorneys with Reed Smith LLP.

  • Aviation Watch: Why The F-35 Has Struggled To Take Flight

    Alan Hoffman

    Seventeen years after the U.S. Department of Defense awarded Lockheed Martin the contract for the F-35 Joint Strike Fighter, and 12 years after the first production aircraft flew in 2006, all versions of the plane remain far from combat-ready, or even fully operational. Recent concerns about cybersecurity have added to the project's woes, says Alan Hoffman, a retired attorney and private pilot.

  • What We Heard At The FTC Hearings: Day 1

    Barry Reingold

    Last week, the Federal Trade Commission began a series of public hearings on competition and consumer protection issues. Attorneys with Perkins Coie LLP offer some key takeaways from the three panel discussions.

  • Tips For Tech Cos. Developing Event Sponsorship Deals

    Leon Medzhibovsky

    IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.