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Cybersecurity & Privacy

  • June 22, 2018

    Cirque Du Soleil Says China Agritech Dooms Ill. TCPA Suit

    Cirque du Soleil on Friday asked an Illinois federal judge to decertify a class of Illinoisans in a Telephone Consumer Protection Act suit accusing it of sending unwanted faxes promoting ticket sales to its traveling show, saying the U.S. Supreme Court's recent opinion in China Agritech v. Resh dooms their claims.

  • June 22, 2018

    Emerson Says BladeRoom Can't Revisit Evidence In UCL Case

    Emerson Electric has fired back at a motion for judgment on unfair competition claims in a suit alleging it stole BladeRoom Group Ltd.’s trade secrets, arguing that BladeRoom cannot seek additional damages based on evidence that had already been presented to a jury that rendered a $30 million verdict against Emerson, according to a filing in California federal court Thursday.

  • June 22, 2018

    Tesla Abandons Restitution Bid After High Court Ruling

    Tesla Motors Inc.'s in-house counsel thinks the restitution amount available to cover a six-figure internal investigation into a former employee's conduct is "not meaningful enough to be worthwhile" after the Supreme Court's recent Lagos ruling, according a Thursday filing.

  • June 22, 2018

    Ex-Contractor Accused Of Leak To Change Plea To Guilty: DOJ

    Former government contractor Reality Leigh Winner, who has been accused of leaking classified national security information to at least one news outlet, plans to plead guilty at a change of plea hearing Tuesday in Georgia federal court, a U.S. Department of Justice spokesman said Friday.

  • June 22, 2018

    Gov't Contractors Lacking In Email Spoof Defense, Study Says

    Nearly all of the top 100 federal government contractors are still vulnerable to email impersonation attacks because they have not fully implemented a form of email security that guards against phishing, a new study has found.

  • June 22, 2018

    Scottrade Seeks Fees For Litigating After Companion Suit Nix

    Discount brokerage firm Scottrade Inc. asked a Missouri federal court Thursday to award it attorneys’ fees for the past seven months of litigation in a proposed data-breach class action, which the company says should have been dropped after the Eighth Circuit upheld the dismissal of a companion suit.

  • June 22, 2018

    MyFitnessPal User Slams Push To Arbitrate Data Breach Row

    A MyFitnessPal user told a California federal court Thursday that Under Armour Inc. should not be able to arbitrate her proposed class action alleging the company failed to secure the nutrition app against a security breach, saying she is not subject to a 2013 arbitration agreement.

  • June 22, 2018

    Feds Need Warrant For Cell Location Data, High Court Says

    A divided U.S. Supreme Court ruled Friday that the federal government generally needs a warrant to access historical cellphone location records, finding that the data deserves more stringent protection than other customer information held by service providers.

  • June 21, 2018

    Uber Unravels Lone Claim In Lyft Driver’s Spy Suit

    A magistrate judge in California has doubled back on her decision that largely tossed a Lyft driver’s proposed class action alleging Uber Technologies Inc. illegally tracked drivers, finding Thursday that the one claim for unfair competition she left intact should have been chucked with the rest of the suit.

  • June 21, 2018

    Chinese Espionage Group Hitting US Telecoms, Defense Cos.

    Chinese hackers are targeting satellite operators, defense contractors and telecommunications companies in the U.S. and Southeast Asia in an apparent espionage campaign designed to intercept sensitive military and civilian communications, cybersecurity firm Symantec Corp. warned.

  • June 21, 2018

    States To Steer Drone Privacy After DC Circ. FAA Ruling

    The D.C. Circuit’s dismissal of the Electronic Privacy Information Center’s bid to force the Federal Aviation Administration to address privacy concerns in its commercial small-drone rule signals that state and local governments will assume most of the responsibility for tackling privacy protections for drone use, attorneys say.

  • June 21, 2018

    Google Urged To Drop Huawei Collab Over Security Concerns

    A bipartisan group of U.S. lawmakers has asked Google to rethink its relationship with Chinese smartphone maker Huawei Technologies Co. Ltd., which some American intelligence officials have flagged as a national security threat.

  • June 21, 2018

    Feds Oppose Accused Cryptocurrency Fraudster's Travel Bid

    The federal government urged a New York federal judge Thursday to deny a request to travel to Ukraine from a Brooklyn businessman charged with securities fraud over two initial coin offerings allegedly marketed through his companies REcoin and Diamond Reserve Club.

  • June 21, 2018

    Rubio Pushes Tough Line On Chinese Tariffs, Tech Sanctions

    Sen. Marco Rubio, R-Fla., applauded recently announced tariffs on Chinese imports Thursday while slamming the Trump administration’s reversal on a decision to lock telecommunications company ZTE out of the U.S., saying firm measures are needed to address intellectual property theft and national security threats posed by China.

  • June 21, 2018

    Feds, Fla. Carrier Settle Deceptive Marketing Investigation

    A Florida-based telecommunications carrier has agreed to a $140,000 fine to end a federal investigation into allegations the company overcharged customers and changed their preferred telephone service provider without authorization.

  • June 21, 2018

    Comcast Forces TCPA Robocall Suit Into Arbitration

    An Illinois federal judge has dismissed a proposed class action accusing Comcast Corp. of contacting consumers to collect bills without their permission, telling the subscriber driving the suit that he must arbitrate his claims. 

  • June 20, 2018

    New FTC Weighing Need To Alter Policies For Digital Economy

    The Federal Trade Commission’s newly minted chairman, Joseph Simons, said Wednesday that the agency will conduct a series of hearings to help shape its policy approach to hot-button antitrust and consumer protection issues including privacy, big data and the potential for enforcement against large technology platforms.

  • June 20, 2018

    Comcast Unit Can't Arbitrate Class Action Over Robocalls

    An Illinois federal judge on Wednesday rejected a Comcast subsidiary’s bid to arbitrate a man’s proposed class action accusing the company of auto-dialing customers looking for other people, saying his claims fall outside the service agreement Comcast is trying to hold him to.

  • June 20, 2018

    Navient Agrees To Pay $2.5M To End Robocall Class Action

    A woman who claims Navient Solutions LLC pestered her with unwanted robocalls pressed a Virginia federal judge to sign off on the parties' proposed $2.5 million class action deal, arguing that the pact was a “good result” in light of a recent D.C. Circuit ruling that “enhanced” Navient’s core autodialer defense. 

  • June 20, 2018

    Irish Cloud Coin Co. Breached US Securities Law, Suit Says

    An Irish cryptocurrency startup that sold digital tokens to fund a decentralized cloud computing platform was hit with a proposed class action in Pennsylvania federal court claiming it breached U.S. securities laws by not registering its business with American regulators.

Expert Analysis

  • Trade Lessons From The ZTE Saga

    Erin Baldwin

    Less than two months after the U.S. government announced it was denying export privileges to Zhongxing Telecommunications Equipment Corp., it said that the denial order would be lifted pursuant to a new settlement with ZTE. The lessons from the ZTE saga are far from clear, but one takeaway is that enforcement actions may not always be final, say attorneys with Winston & Strawn LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • NC Phishing Scam Case Is A Broad Warning To Employers

    J.M. Durnovich

    A North Carolina federal court recently ruled that an employer could face treble damages for an employee’s mistake of sharing personal information in response to a phishing email. The reasoning could foreshadow how courts interpret cybercrime liability in other states, says J.M. Durnovich of Poyner Spruill LLP.

  • 2 Avenues Of Insurance Coverage For Cryptocurrency Theft

    Fiona Chaney

    This month, cryptocurrency exchange Conrail reported that hackers stole $37 million of its virtual currency, marking the second high-profile cryptocurrency theft this year. In order to maximize potential recovery, companies should carefully review both their commercial crime and cyber policies before a theft or other loss occurs, says Fiona Chaney of Pasich LLP.

  • Defenses Remain For Companies In Calif. Call Recording Suits

    Joshua Briones

    Many defendants settle California Invasion of Privacy Act cases out of fear that courts will find violations even where no confidential information is recorded and where no one is harmed. But several decisions in the first half of 2018 provide these defendants with additional strategies, say Joshua Briones and Crystal Lopez of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Make Sure Your Cyber Insurance Is Ready For GDPR

    Joseph Fields

    Because cyber insurance policies are not standardized, potential differences in language could affect coverage in the General Data Protection Regulation age. Special attention should be paid to insuring language, triggers, most favored venue and jurisdiction wording, and other clauses, says Joseph Fields of Offit Kurman PA.

  • New Frontier Of US Health Info Regulation Comes From EU

    Nancy Libin

    While the U.S. Department of Health and Human Services Office of Civil Rights has been quiet recently with respect to Health Insurance Portability and Accountability Act enforcement actions, the newly empowered EU data protection authorities will be eager to flex their muscles and show that the General Data Protection Regulation’s extraterritorial reach is not only real, but that noncompliance can be painful, say Nancy Libin and David Saunders of Jenner & Block LLP.

  • Careless Employee: A Company's Biggest Trade-Secret Threat

    Audra Dial

    Companies clearly believe that training programs are the most meaningful way to reduce employee carelessness when it comes to protecting corporate assets. However, as new survey results demonstrate, these training programs are not enough to combat the careless insider, says Audra Dial of Kilpatrick Townsend & Stockton LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.