Cybersecurity & Privacy

  • May 26, 2020

    Cisco, Finjan IP Trial Delayed Until October Due To Pandemic

    A California federal judge on Tuesday delayed a trial in Finjan's patent infringement suit against Cisco from June until October because of the coronavirus pandemic, saying she had "high hopes" it would be the first civil jury trial in the district, but the court's "enormous backlog" of criminal cases takes priority.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 24, 2020

    Judge Taps Kavanaugh's Atty To Fight Flynn's Dismissal Bid

    A D.C. federal judge overseeing Michael Flynn's prosecution has hired a high-powered trial attorney to defend his decision to examine the government's request to toss the case, a person familiar with the hiring told Law360 Sunday. 

  • May 22, 2020

    Law Firms Urged To Move Past Standard Data Breach Scripts

    Law firms should tell clients if their sensitive data has been exposed even if it's unclear whether the law requires them to do so, a new report from a coalition of legal industry stakeholders says.

  • May 22, 2020

    'Painfully Honest' Atty Fights Discovery Sanctions In IT Row

    An attorney facing possible sanctions over discovery missteps has told a California federal court that he had been "painfully honest" about his former client's ability to comply with the court's orders in the legal fight between two information technology companies.

  • May 22, 2020

    Watergate Prosecutors Rip Flynn's Bid To Nix Case At DC Circ.

    Sixteen prosecutors who served on the Watergate Special Prosecution Force slammed former national security adviser Michael Flynn's request that the D.C. Circuit immediately decide whether the government can drop charges against him, saying it's "difficult to imagine a case more ill-suited than this for the 'drastic and extraordinary' remedy."

  • May 22, 2020

    DOD Cybersecurity Rollout May Be Delayed By COVID-19

    The U.S. Department of Defense still has much to finalize within its sweeping new cybersecurity program for defense contractors, and COVID-19-related restrictions mean its timeline for rolling out the new plan may be too ambitious.

  • May 22, 2020

    New ERISA Suits Could Clarify Plans' Cybersecurity Duties

    A handful of recent lawsuits challenging retirement plan managers' lax cybersecurity policies and use of workers' data for marketing purposes could shed light on an area of the Employee Retirement Income Security Act that has long been shrouded in mystery: employers' cybersecurity and data privacy obligations.

  • May 22, 2020

    DOJ, Privacy Advocates Forced To Seek Surveillance Info Deal

    A D.C. federal judge on Friday sent a privacy rights group and the Department of Justice back to the negotiating table over access to electronic surveillance data from U.S. attorney's offices, but sharply criticized the privacy group for filing an "absurd" catch-all request.

  • May 22, 2020

    Agentra Fights Bid To Enforce Unsigned Robocall Settlement

    Insurance company Agentra LLC told a Pennsylvania federal court not to enforce an unsigned settlement agreement, arguing that a proposed class of customers bothered by robocalls hadn't shown that there was nothing left to be negotiated.

  • May 22, 2020

    Technology Deal Pro Leaves Kirkland For Perkins Coie

    A former Kirkland & Ellis LLP partner with extensive experience guiding clients, including Facebook and Boeing, through technology-related transactions has joined Perkins Coie LLP's Chicago office.

  • May 21, 2020

    11th Circ. Says Judicial Nominating Panel Not Subject To FOIA

    The Eleventh Circuit on Thursday upheld a Florida federal court's decision to dismiss a Freedom of Information Act lawsuit against a state judicial nominating commission, affirming the lower court's determination that the commission was not a federal agency.

  • May 21, 2020

    GPS-Tracking Richard Simmons Not Free Speech, Tabloid Told

    A California state appellate court Thursday agreed with a lower court that the former owner of In Touch Weekly can't use free speech protections to knock out a suit from fitness guru Richard Simmons accusing the tabloid owner of paying a private investigator to place a GPS-tracker on his car.

  • May 21, 2020

    9th Circ. Ruling Threatens Online Filters, Justices Told

    The U.S. Supreme Court should review a Ninth Circuit decision that could undermine protections for online content filters, the Electronic Frontier Foundation said in an amicus brief Thursday. 

  • May 21, 2020

    DC Circ. Orders Judge To Respond To Flynn's Bias Claims

    The D.C. Circuit has given U.S. District Judge Emmet Sullivan 10 days to respond to former national security adviser Michael Flynn's accusations that the judge is "biased" for not allowing the government to drop charges against him.

  • May 21, 2020

    ​​​​​​​Calif. Northern District Postpones Trials

    The Northern District of California's top judge issued an order Thursday postponing or vacating all new criminal jury trials set to begin through June 30 and new civil jury trials scheduled to commence through Sept. 30, citing the continued disruptions to the judicial system caused by the COVID-19 pandemic.

  • May 21, 2020

    GOP Reps. Press TikTok On Privacy Practices, China Ties

    A pair of high-ranking House Republicans are the latest to sound the alarm over popular video-sharing app TikTok's data privacy practices, demanding in a letter Thursday that its parent company explain how the service protects children's data and whether it's sharing users' personal information with the Chinese Communist Party.

  • May 21, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's workers say unsafe practices at some of the fast food giant's restaurants could endanger public health, students are suing over technical issues with online Advanced Placement exams, and the Sixth Circuit held this week that COVID-19-related loans can't be withheld from strip clubs and adult novelty stores. Here's a breakdown of some of the coronavirus-related cases from the past week.

  • May 21, 2020

    Restaurant Consumers Eye Final Settlement OK In TCPA Suit

    Consumers have asked a California federal judge for his final signoff on a $4 million class action settlement to end a suit that claimed a restaurant consulting company violated the Telephone Consumer Protection Act through a text-messaging campaign for quick-service chain A&W.

  • May 21, 2020

    Google's $7.5M Data Breach Deal Gets Initial Nod

    A California federal judge on Thursday preliminarily approved Google's $7.5 million deal that would resolve a proposed class action over a yearslong data breach that exposed millions of accounts on the now-defunct Google+ social media platform.

  • May 21, 2020

    NYC Man Hit With Fraud Charges Over $20M In Virus Loans

    Manhattan federal prosecutors brought fraud and false statements charges Thursday against a Chinese national over a purported scheme to get more than $20 million in government-backed loans earmarked for small businesses adversely affected by the coronavirus pandemic.

  • May 20, 2020

    Apple, Google Launch COVID-19 Exposure Notification Tool

    Apple and Google released software Wednesday that could allow governments across the globe to help track the spread of COVID-19 with smartphone apps that would alert users who come in close contact with someone who tested positive for the novel coronavirus.

  • May 20, 2020

    Facebook Wants Door Shut On UK Users In US Privacy Suit

    Facebook has urged a California federal judge not to allow some of its users in the United Kingdom to join U.S. multidistrict litigation over the Cambridge Analytica data privacy scandal, saying U.K. users already agreed to bring claims against the social media giant elsewhere.

  • May 20, 2020

    Facebook Beats Texas TCPA Suit Over Unwanted Texts

    A Texas federal judge on Wednesday tossed a proposed class action alleging Facebook Inc. violated the Telephone Consumer Protection Act by sending text messages to consumers who were on the National Do Not Call Registry, finding that the messages at issue aren't solicitations.

  • May 20, 2020

    DOD Tech Unit Signs Cloud Cybersecurity Deal With Google

    The U.S. Department of Defense's technology outreach unit has signed a deal to use a Google cloud management system to respond to cybersecurity threats, Google announced Wednesday, as the DOD increasingly moves its information technology platforms to the cloud.

Expert Analysis

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • New Risk Of Whistleblower, Retaliation Claims In Health Care

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    Pandemic circumstances put health care facilities in a bind — they must continue to treat their patients, protect patient privacy, and ensure they have sufficient staff who are ready and willing to work, while also protecting themselves from the heightened threat of whistleblower and retaliation lawsuits, say attorneys at Pepper Hamilton.

  • Strategies For Defending FTC Investigations During Pandemic

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    Companies can prepare for Federal Trade Commission privacy and consumer protection investigations by taking practical and effective steps to meet their obligations while also minimizing burden and streamlining the process in light of the challenges posed by the pandemic, say attorneys at Perkins Coie.

  • Opinion

    Flynn Contempt Inquiry Is Vital To Judicial Independence

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    The D.C. Circuit should uphold the district court's authority to investigate whether Michael Flynn acted in criminal contempt, which is important for affirming judicial independence in this era of partisan prosecuting, says Harold Krent at Chicago-Kent College of Law.

  • CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

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    As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Employee Virus Testing Could Spark Class Action Claims

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    While employee COVID-19 testing may enhance safety and reassure a nervous workforce, its potential to generate Americans with Disabilities Act, wage and hour, discrimination, and privacy class actions should not be ignored, say attorneys at Epstein Becker.

  • Zoom Probe Offers Clues On NY's New Data Security Law

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    Perhaps the most interesting part of the recent agreement between Zoom and the New York attorney general is the requirement that Zoom implement a comprehensive, written information security program — the terms of which resemble provisions in the state's new SHIELD Act, say Erik Dullea and Megan Herr at Husch Blackwell.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • A Powerful Lesson In UK Data Protection Law Restrictions

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    While data protection laws are not naturally associated with efforts to impede the use of the death penalty, a recent U.K. Supreme Court ruling related to the U.S. investigation of an ISIS militant has implications for authorities seeking to transfer data to international counterparts, as well as private data controls generally, says David Rundle at WilmerHale.

  • Opinion

    Flynn Judge Should Not Change Role Of Amicus Curiae

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    As an appellate attorney who has authored numerous amicus briefs, I am deeply concerned about some fast-moving developments in the case of former Trump national security adviser Michael Flynn, where a D.C. federal judge is transforming amici curiae into 11th-hour prosecutorial intermeddlers, says Lawrence Ebner at Capital Appellate.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • What COVID-19 Means For The M&A Insurance Market

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    Alvin Reynolds and Richard French at Atlantic Global Risk address the impact of COVID-19 on M&A insurance market dynamics, policy terms and claims, and explain new applications to support distressed transactions. 

  • Compliance Tips For Running Clinical Trials During COVID-19

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    In light of guidance recently released by the U.S. Food and Drug Administration and Office for Human Research Protections, sponsors and institutions running clinical trials should think broadly about COVID-19's impact on recruitment, investigational product administration, and efficacy and safety monitoring, say attorneys at Moses & Singer.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

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