Cybersecurity & Privacy

  • December 15, 2017

    DC Circ. Gives Reporters Another Shot In FBI Fake News Row

    The D.C. Circuit on Friday revived the Reporters Committee for Freedom of the Press' and the Associated Press' bid to learn more about the FBI's alleged practice of impersonating journalists and crafting fake news articles to catch suspected criminals, ruling that the federal government hadn't provided enough information about what it had done to locate relevant records. 

  • December 15, 2017

    Mobile Content Exec Convicted In $100M Scheme

    The former CEO of a mobile content company was convicted Friday on eight counts linked to a $100 million scheme to place unauthorized charges on consumers' phone bills, prosecutors announced, yielding a retrial win after a former jury deadlocked.

  • December 15, 2017

    FBI Agent's Ex-Wife Won't Get 1st Circ. Redo Of Privacy Row

    The First Circuit on Thursday stood by its refusal to revive a lawsuit in which the ex-wife of an FBI agent accused the federal government of negligently supervising his use of the bureau's surveillance equipment, which she said he used to keep track of her during their marriage.

  • December 15, 2017

    Hotel Biz Says Ex-Worker Can't Sue Over Fingerprint Data

    Pineapple Hospitality Co. urged an Illinois federal court Friday to dismiss class allegations that the luxury hotel management company violated the state’s stringent biometric data law by collecting worker fingerprints, saying the ex-worker bringing the suit cannot prove workers were harmed by the practice.

  • December 15, 2017

    Uber Driver Objectors Call $7.5M Deal 'Outrageously Low'

    Hundreds of objectors to a $7.5 million deal ending a class action against Uber for allegedly violating the Fair Credit Reporting Act by using background checks without applicants’ knowledge to make hiring decisions urged a California federal judge Thursday not to approve the "outrageously low" settlement amount.

  • December 15, 2017

    BART Derails App User's Data-Collection Class Action

    A California federal magistrate judge has tossed a putative class action alleging the San Francisco Bay Area's public rail system secretly collected users' personal data with its BART Watch smartphone app, but said the claims could be salvaged in a more thorough complaint.

  • December 15, 2017

    DOJ Atty Says Surveillance Program Vital For US Security

    A high-level Justice Department official warned Thursday of grave threats to national security if Congress fails to extend authorization for a controversial surveillance program or significantly rolls it back, saying communications between foreign individuals abroad collected through the program have thwarted terrorist plots and saved American lives.

  • December 15, 2017

    Health Hires: Holland & Knight, EBG, Quarles, Ciitizen

    Over the last few weeks, Holland & Knight LLP, Epstein Becker Green, Quarles & Brady LLP and medical records startup Ciitizen have grown their health care and life sciences teams with pros from Laredo & Smith LLP, LifePoint Health and the U.S. Department of Health and Human Services.

  • December 15, 2017

    MVP: King & Spalding's Phyllis Sumner

    King & Spalding LLP’s Phyllis Sumner was tapped this fall to head the team steering credit reporting giant Equifax through the legal fallout from a massive data breach that compromised the personal information of more than 145 million Americans and spawned class action lawsuits, congressional hearings and regulatory probes, landing her a spot among Law360's 2017 Cybersecurity & Privacy MVPs.

  • December 14, 2017

    AGs Want High Court To OK Microsoft Overseas Data Access

    A coalition of 35 state attorneys general urged the U.S. Supreme Court on Wednesday to strike down a ruling that the federal government can’t access user data stored overseas by Microsoft, saying the “remarkable” decision gives too much control to private companies, while the European Commission and the U.K. and Irish governments separately weighed in on the dispute.

  • December 14, 2017

    Conspirator In Fake-Business-Invoice Scam Gets 41 Months

    A Nigerian national involved in a conspiracy to steal at least $25 million from businesses through sham invoice emails — what prosecutors called “the financial crime of choice for many criminal organizations” — was sentenced Thursday to 41 months.

  • December 14, 2017

    Feds Should Ask Firms, Not Cloud Service, For Data: DOJ

    The U.S. Department of Justice has advised prosecutors seeking consumer data stored on the cloud to request the information from underlying businesses rather than their third-party data storage providers, in a shift that Microsoft Corp., which has been sparring with the government over online privacy rights, hailed as a positive step.

  • December 14, 2017

    House OKs Bill Loosening Bank Privacy Disclosure Rules

    The U.S. House of Representatives passed a bill Thursday that would loosen current requirements for banks to notify their customers of personal information policies, claiming the bill would reduce duplicative regulation despite concerns for abuse of the information.

  • December 14, 2017

    SEC Gets Extension Of Asset Freeze For Digital Coin Offerer

    A New York federal judge on Thursday signed off on the U.S. Securities and Exchange Commission’s bid to extend an asset freeze against the initial coin offering business allegedly involved in what the agency has claimed was a $15 million scam run by a Quebecois couple.

  • December 14, 2017

    Expanded Drone Registry To Spark More Enforcement Action

    A legislative fix signed into law by President Donald Trump on Tuesday reinstated a mandate for recreational drone users to register with the federal government, a move that experts say paves the way for more enforcement actions related to privacy, safety and national security.

  • December 14, 2017

    Split Texas Panel Sides With AG In Medicaid Docs Fight

    A split Texas appellate panel on Thursday sided with Texas Attorney General Ken Paxton in his fight over access to documents regarding health care service providers' claims for Medicaid reimbursement, overturning a district court win for the Texas Health and Human Services Commission, which had argued the documents weren't subject to open records laws.

  • December 14, 2017

    Cisco’s Acts In IP Row Don’t Seem 'Egregious,' Judge Says

    A California federal judge indicated Thursday that she’d likely toss willful infringement allegations from Finjan Inc.’s suit accusing Cisco Systems Inc. of buying and using technologies from a smaller company that infringe its cybersecurity patents, saying she didn’t see “egregious conduct” in the pleadings.

  • December 14, 2017

    MVP: Lieff Cabraser's Michael Sobol

    Lieff Cabraser Heimann & Bernstein LLP’s Michael Sobol scored a significant win for consumers this year when he helped secure a $115 million settlement for those impacted by the massive Anthem data breach, earning him a place as one of Law360’s 2017 Cybersecurity & Privacy MVPs.

  • December 13, 2017

    Spokeo Wants Justices To Revisit Last Year’s Standing Ruling

    Spokeo is urging the U.S. Supreme Court to revisit the Article III standing bar it set last year in a dispute over alleged inaccuracies on a credit report, saying the justices' pronouncement that some intangible injuries could meet this threshold has spurred “widespread confusion” that “cries out” for an immediate resolution.

  • December 13, 2017

    SEC Seeks To Freeze Digital Coin Offerer's Assets

    The U.S. Securities and Exchange Commission urged a New York federal court late Tuesday to freeze the assets of an initial coin offering and two other corporate entities run by a Quebecois couple, who regulators say ripped off investors while raising $15 million.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • New Obstacles For VPPA Plaintiffs At 9th Circ.

    Joshua Jessen

    Although the lure of hefty statutory damages under the Video Privacy Protection Act means that VPPA litigation will almost certainly continue, the Ninth Circuit's recent decision in Eichenberger v. ESPN is another setback for plaintiffs attempting to map this pre-internet law onto modern platforms that serve video content, say attorneys with Gibson Dunn & Crutcher LLP.

  • Biometrics In The Workplace: Best Practices For Compliance

    Thomas Mandler

    Biometric technology may provide higher security and greater efficiencies for employers, but with new technology comes new risks and a patchwork of new legal frameworks to be followed, say attorneys with Akerman LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • The Future Of Bitcoin Futures

    Colin Lloyd

    Trading in bitcoin futures opened this week on the CBOE Futures Exchange, with offerings from the Chicago Mercantile Exchange and the Cantor Exchange to soon follow. In designing their contracts, the exchanges had to make decisions about contract size, tenor, and trading and settlement conventions, with some notable consequences, say Colin Lloyd and James Michael Blakemore of Cleary Gottlieb Steen & Hamilton LLP.

  • A GDPR Primer For US-Based Cos. Handling EU Data: Part 2

    Caroline Krass

    In the final part of this series about the General Data Protection Regulation, attorneys at Gibson Dunn & Crutcher LLP explain the stringent restrictions placed on cross-border data transfers to countries outside of the European Union, various compliance mechanisms and penalties, and potential deviations in implementation among EU member states.

  • International ICOs May Not Be Safe From The SEC

    John Reed Stark.jpeg

    Simply originating an initial coin offering in a foreign jurisdiction may not be sufficient to avoid the long and global reach of the U.S. securities laws — and the current ICO dragnet of the U.S. Securities and Exchange Commission’s new cyber unit, says John Reed Stark, president of John Reed Stark Consulting LLC.

  • A GDPR Primer For US-Based Cos. Handling EU Data: Part 1

    Caroline Krass

    While many U.S. companies have already begun work on complying with the General Data Protection Regulation, it has such a long reach that it may encompass many organizations that would not ordinarily expect to be subject to European data privacy laws, say attorneys at Gibson Dunn & Crutcher LLP.