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Cybersecurity & Privacy

  • August 17, 2018

    Mueller Says Ex-Trump Aid Deserves Up To 6 Months Prison

    Special Counsel Robert Mueller on Friday recommended a prison sentence of zero to six months for the former Trump adviser who pled guilty to lying to investigators about his interactions with individuals alleged to have ties to the Russian government during his time working for the campaign.

  • August 17, 2018

    Lobbyist Escapes Trump Fundraiser's Hacking Suit

    A California federal court ruled Friday that a lobbyist and his firm would not face claims they were involved in an alleged scheme by the Qatari government to hack the email account of a prominent Republican fundraiser and President Donald Trump supporter and leak stolen or doctored emails to the press.

  • August 17, 2018

    Electric Co. Beats TCPA Suit Over Service Sign-Up Calls

    An Ohio federal judge axed a putative class action accusing National Gas & Electric LLC of violating the Telephone Consumer Protection Act by placing calls to prospective customers, ruling that the plaintiff’s decision during the first phone call to enroll in services cleared the way for the utility and its vendors to continue to contact him.

  • August 17, 2018

    Arby's Must Extend Info Search In Data Breach Dispute

    A Georgia federal judge ordered Arby’s on Thursday to expand its electronic information search in litigation brought by financial institutions and consumers over a data breach, one day after agreeing to pause the patrons’ part of the dispute to give them time to finalize a settlement that has been agreed to in principle.

  • August 17, 2018

    Scammers Are Extorting 'Sugar Daddies,' Dating Site Claims

    The owner of the so-called sugar daddy dating website SeekingArrangements.com sued the operators of a half-dozen internet sites in California federal court Thursday in a bid to stop what it said was an international scheme in which scam artists pose as single women looking for romance and then extort legitimate male users.

  • August 17, 2018

    Facebook, Google Could Be Wild Cards In Privacy Law Fight

    Federal lawmakers have struggled for years to enact uniform online data security rules, but now once-unthinkable support from tech giants like Facebook and Google and shifting consumer attitudes are signaling a chance for momentous change, attorneys say.

  • August 17, 2018

    7th Circ. Won't Give Smart Meter Privacy Suit A Second Shot

    The Seventh Circuit on Thursday refused to revive a lawsuit accusing the city of Naperville, Illinois, of violating its residents’ Fourth Amendment rights by requiring the use of electrical meters that record data about usage, saying the government’s use of the data isn’t an unreasonable search.

  • August 17, 2018

    WaPo, Others Call Md.'s Political Ad Law Unconstitutional

    The Washington Post, The Baltimore Sun and a host of local newspapers asked a Maryland federal court Friday to declare a new state law meant to curb Russian propaganda online as unconstitutional, saying it violates the First Amendment by compelling the media to regularly publish details about the people or groups who purchase political ads.   

  • August 17, 2018

    6th Circ. Revives Compressor Co.'s TCPA Class Action

    The Sixth Circuit on Thursday revived a Telephone Consumer Protection Act class action brought over spam faxes sent to a car compressor company by a finance company that targeted manufacturers, ruling that a reasonable juror could find that the ads were sent "on behalf of" the financial firm.

  • August 17, 2018

    Prenda 'Porn Troll' Atty Pleads Guilty To Fraud Charges

    A former attorney who filed thousands of copyright suits over pornography in an elaborate scheme known as Prenda Law reached an agreement Friday to plead guilty to federal fraud and money laundering conspiracy charges.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Former Brooklyn ADA, City Clash Over Illegal Wiretaps

    New York City has urged a Brooklyn federal judge to toss a suit brought by a former assistant district attorney seeking to hold the city liable for a colleague's illegal wiretap on her phone, while the former prosecutor said her complaint clearly shows the city was at least negligent.

  • August 16, 2018

    Miss. High Court Won't Let Google Slip Student Privacy Suit

    Mississippi's highest court has refused to entertain Google's challenge to a ruling that kept alive a suit lodged by the state's attorney general over the tech giant's allegedly unlawful collection and use of public school students’ personal information, a conclusion that was met with opposition by the court's chief justice. 

  • August 16, 2018

    Auto Software Maker Seeks Temporary Ban On Rival's Sales

    A car software company urged a Washington federal court Thursday to temporarily bar a rival from selling competing products that allegedly were made with hacked trade secrets, asserting that an anonymous informant supplied it with images and communications that back up its contentions.

  • August 16, 2018

    $115M Anthem Data Breach Deal Gets Final Nod

    A California federal judge on Thursday gave final approval to a $115 million deal that ends claims Anthem Inc. put 79 million consumers’ personal information at risk in a 2015 data breach, casting aside calls for the settlement to go even further to punish the nation’s second-largest health insurer.

  • August 16, 2018

    Ex-BP Economist Gets Prison In Bitcoin Extortion Plot

    A former BP America Inc. economist who pled guilty to attempting to extort the company out of more than $300,000 by demanding bitcoin payment in exchange for not releasing classified documents was sentenced on Thursday by a federal judge in Houston to 27 months in prison.

  • August 16, 2018

    Man Can't Get Evidence Others Were 'Duped' Into Stock Fraud

    A man accused of conspiring with an unnamed Russian to use hacked brokerage accounts in a pump-and-dump scheme said Thursday he was "duped" into participation because of his autism spectrum disorder, but a Brooklyn federal judge spiked his bid for evidence that others had been similarly victimized.

  • August 16, 2018

    Groups Urge FTC To Fine Facebook Amid EU Data Row

    EPIC and a coalition of like-minded internet consumer groups urged the Federal Trade Commission on Thursday to slap Facebook with a hefty fine and conclude the agency's investigation into the Cambridge Analytica scandal by September or potentially see the legal basis for transferring data across the Atlantic grind to a halt.

  • August 16, 2018

    BofA Customers Win Final OK For $1.8M FCRA Settlement

    A class of Bank of America NA customers won final approval Thursday for their $1.8 million Fair Credit Reporting Act settlement over allegedly unauthorized soft credit report inquiries, with a California federal judge saying that though it offered a small $4 payout per class member, the deal was fair.

  • August 16, 2018

    Free Speech Group Backs Trump In 2nd Circ. Twitter Appeal

    Free speech organization the Coolidge-Reagan Foundation on Wednesday stood behind President Donald Trump in his Second Circuit appeal challenging a lower court's decision deeming his blocking of critics from his personal Twitter account unconstitutional, saying the ruling misconstrued the First Amendment.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Extra Protection For Press In Law Enforcement Investigations

    Thomas Barnard

    When the FBI seized a New York Times journalist’s phone and email records earlier this year, the press was outraged. The authority to seize documents from a reporter has a higher threshold of approval than for normal investigations, and the failure to follow those requirements has a unique statutory remedy, say Thomas Barnard and Macy Climo of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • As IRS Eases Reporting, States Target Dark Money Reforms

    Amber Maltbie

    At the same time that the IRS is making it easier for nonprofits to shield their donors from inadvertent disclosure by eliminating a reporting requirement on annual tax filings, some states, such as Maine and Montana, continue to trend toward greater disclosure of donors to politically active nonprofits. It is thus imperative that nonprofits are cognizant of the complex and inconsistent rules among federal, state and local jurisdictions, say attorneys at Nossaman.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • The Curious Case Of Ripple's Removal

    Douglas Pepe

    Coffey v. Ripple Labs is a much-anticipated cryptocurrency case that squarely presents the question of whether Ripple is a “security” within the meaning of the securities laws. A recent decision in the case, however, addressed an important removal question of more general applicability, says Douglas Pepe of Joseph Hage Aaronson LLC. 

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • Internet Of Things Cos. Must Prepare For Law Enforcement

    Matthew Gardner

    As the internet of things device market develops, companies that proactively develop compliance strategies should be able to avoid many of the pitfalls that are sure to come as law enforcement changes the way it investigates cases, say attorneys at Wiley Rein LLP.

  • Sports Teams Need A TCPA Game Plan

    James Sammataro

    For professional sports franchises, texting is a wonderful fan-engagement tool. But it is also a potential legal hazard, as illustrated by several recent Telephone Consumer Protection Act class actions. If you want your fans screaming at the refs and not at you, heed five TCPA lessons, say attorneys with Stroock & Stroock & Lavan LLP.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • An Update, Not A Transformation, Of CFIUS Review Process

    Scott Flicker

    The Foreign Investment Risk Review Modernization Act, a reform of the review process overseen by the Committee on Foreign Investment in the United States, has just been signed into law. But to a great extent, it merely codifies CFIUS’ current practice of expansively interpreting its jurisdiction, stretching review timelines and taking a broad view of national security, say attorneys with Paul Hastings LLP.