Cybersecurity & Privacy

  • October 22, 2021

    Facebook Asks Full 3rd Circ. To Review News Anchor's IP Suit

    Facebook asked the Third Circuit for an en banc rehearing in an intellectual property lawsuit launched by a Philadelphia-based TV journalist over the unauthorized use of her photo, arguing a split panel's decision to revive the suit conflicts with Section 230 of the Communications Decency Act.

  • October 22, 2021

    CoreCivic Still Can't Nix Suit Over Body Cavity Search

    Private prison company CoreCivic has failed to end a suit over allegations that one of its employees subjected a correctional officer to a warrantless and dehumanizing body cavity search, with a Georgia federal court saying Friday newly filed documents had satisfied an earlier defect.

  • October 22, 2021

    Ex-NS8 Legal Chief Says He May Need $11M D&O Funds

    The former chief legal officer of cybersecurity company NS8 Inc., which went bankrupt after its CEO was charged with fraud, asked a Delaware bankruptcy court Thursday to access up to $11 million in company insurance policies to defend himself against claims he contributed to the company's collapse.

  • October 22, 2021

    US Postal Service Moves To Escape Facial Recognition Suit

    The U.S. Postal Service is asking a D.C. federal judge to throw out a lawsuit challenging its use of facial recognition and other technologies to collect personal information, saying a privacy watchdog lacks standing because it hasn't shown how the organization was harmed.

  • October 22, 2021

    Zoom Users' $85M Deal Ending 'Zoombombing' Suits Gets OK

    A California federal judge Thursday gave the initial thumbs-up to Zoom users' $85 million deal resolving privacy and data security claims against the videoconferencing provider, months after the court questioned the claims over data sharing and "Zoombombing" disruptions.

  • October 22, 2021

    Stop Illegal Robocalls Or Face Blocking, FCC Warns Cos.

    The feds are warning a trio of telecoms in the western U.S. to stop generating what appear to be illegal robocalls or get their calls shut down by intermediate and terminating call carriers.

  • October 22, 2021

    Employees Say Navistar Failed To Prevent Data Breach

    Truck and diesel engine maker Navistar Inc. failed to properly protect the personal information of thousands of its current and former employees from a data breach and waited too long to tell them about it, according to a proposed class action filed Thursday.

  • October 22, 2021

    IP Law Professors, Litigators Launch New Firm, Lex Lumina

    A group of litigators and intellectual property academics have announced the opening of Lex Lumina, their new litigation firm in New York City.

  • October 22, 2021

    Insurer Says Exclusions Apply To Pharma Co.'s BIPA Suit

    Atlantic Specialty Insurance Co. told an Illinois federal court it shouldn't have to defend a pharmaceutical returns company accused of violating the Illinois Biometric Information Privacy Act with its fingerprint timekeeping system, citing several policy exclusions.

  • October 22, 2021

    Beltway Moves: Ex-Trump DOJ Official, Covington, O'Melveny

    The pace of partner movement in the Washington, D.C., legal market has shown no signs of slowing down in October, as firms including Goodwin Procter LLP, Jones Day and Cooley LLP all made notable hires.

  • October 21, 2021

    Dickey's BBQ Blasts Attys' Pan Of $2.35M Data Breach Deal

    Dickey's Barbecue Restaurants Inc. on Wednesday slammed a group of plaintiffs' attorneys for criticizing a $2.35 million data breach deal in pressing their bid to lead the proposed settlement class, arguing that the backlash fails to recognize the deal's "extraordinary value."

  • October 21, 2021

    Bank Regulators Eye Updated Guidance To Fight Bias In AI

    Regulators and legal experts called for collaboration between federal and state entities to address the use of artificial intelligence in financial services on Thursday, as they catch up with the latest advances, weigh potential new industry guidance and seek to prevent discriminatory practices.

  • October 21, 2021

    'Free Cruise' Duo Permanently Banned From Robocalls

    A federal judge has permanently barred two men and their Florida-based cruise lines from abusing consumers with pre-recorded survey phone calls, and further prohibited them from using or benefiting from any customer information they obtained to this date — including names, addresses and emails.

  • October 21, 2021

    ​​​​​​​Google Slashes Play Store Fees Amid Antitrust Pressure

    Google announced Thursday it is lowering fees for a larger swath of the apps on its Play Store for Android, which comes amid pressure from antitrust enforcers and private litigants that say the platform hinders competition.

  • October 21, 2021

    DOJ Sues To Collect FCC's $9.9M Fine From Racist Robocaller

    The U.S. Department of Justice said Thursday it has sued a Montana-based white supremacist who has failed to pay a $9.9 million Federal Communications Commission fine for peppering communities with thousands of racist and antisemitic robocalls.

  • October 21, 2021

    FTC Finds ISP Data Collection As Invasive As Big Tech

    A staff report from the Federal Trade Commission has found that major internet service providers collect, cross-reference and use information on their customers in ways that are just as invasive as advertising-driven Big Tech platforms.

  • October 21, 2021

    Feds Oppose Service Members' Anonymity In Vaccine Suit

    The federal government has urged a Florida federal court to deny a request from 16 service members to proceed anonymously in their case seeking to overturn the U.S.Department of Defense's COVID-19 vaccine mandate and the U.S. Food and Drug Administration's approval of the Pfizer/BioNTech vaccine, saying they have not provided valid justification.

  • October 21, 2021

    CFPB Targets Amazon, Facebook, Others In Payments Probe

    The Consumer Financial Protection Bureau has ordered a group of tech giants including Amazon, Facebook and Google to turn over information related to their payments-related systems and products, giving the companies just under two months to hand over the details as part of a consumer protection sweep announced Thursday.

  • October 21, 2021

    Durham Denies That Sussmann FBI Lie Charge Lacks Clarity

    Special counsel John Durham on Wednesday resisted ex-Perkins Coie LLP partner Michael Sussmann's push for more specific details on the charge he lied to the FBI in the run-up to the 2016 election, calling the indictment more than adequate and saying much of what Sussmann seeks will be produced during discovery.

  • October 20, 2021

    Blackbaud Can't Shake Negligence Claims In Data Breach Row

    A South Carolina federal judge has preserved a pair of negligence claims while cutting two other allegations from a consolidated putative class action over a 2020 ransomware attack on Blackbaud, after rejecting the software company's argument that it didn't have a duty to protect plaintiffs from the hack.

  • October 20, 2021

    Navy Engineer, Wife Indicted In Alleged Sale Of Nuclear Data

    A Navy nuclear engineer and his wife have been indicted on federal charges of trying to sell nuclear submarine secrets to a foreign nation, according to the U.S. Attorney's Office for the Northern District of West Virginia.

  • October 20, 2021

    Commerce Dept. Aims To Rein In Sale Of Hacking Tools

    The U.S. Department of Commerce on Wednesday announced a rule that aims to stem the sale of hacking software to foreign nations such as Russia and China, citing concerns that such products could be used for surveillance or spy campaigns.

  • October 20, 2021

    Rutgers Aims To Unmask Students Behind COVID Vaccine Suit

    Rutgers University told a New Jersey federal court on Wednesday that six students' purported fears of discrimination and retaliation do not justify hiding their identities while pursuing a lawsuit alleging that the school's COVID-19 vaccine mandate for students is unlawful, accusing them of making a "paper-thin" case for their stigmatization concerns.

  • October 20, 2021

    Biden's Embrace Of Border Tech Raises Privacy Concerns

    President Joe Biden hasn't shied away from using controversial technologies for immigration enforcement, raising concerns that his predecessor's pet project to build a border wall is being replaced with a "virtual wall" rife with privacy and civil liberties problems.

  • October 20, 2021

    DC Seeks To Add Facebook CEO To Data Privacy Suit

    Facebook CEO Mark Zuckerberg played a bigger role in decisions that led up to the Cambridge Analytica data harvesting scandal than previously thought, the District of Columbia's attorney general said Wednesday in asking to add Zuckerberg to a data privacy suit in D.C. Superior Court.

Expert Analysis

  • What Blockchain Means For The Future Of US Health Care

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    As the U.S. plays catchup with other countries that have introduced blockchain into their health care systems, the technology is poised to drastically change the industry's revenue cycles, data management and beyond, which will result in better care for patients and more assurance for provider reimbursements, say Michael Ruggio and Jacob Butz at Ice Miller.

  • Insurance Considerations Amid Increased Use Of Drones

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    The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

  • App Store 'Nutrition Labels' Raise New Privacy Risks For Cos.

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    In light of recent enforcement actions and privacy class actions, it is critical for businesses to review their mobile applications’ privacy "nutrition labels" — which provide an overview of how user data is processed— to ensure that they accurately reflect an app's activity and are consistent with the business's other disclosures, say attorneys at Troutman Pepper.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Opinion

    The Infrastructure Bill Should Not Target Cryptocurrency

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    Congress should excise a provision in the pending infrastructure bill that would require anyone who accepts $10,000 in cryptocurrency for goods or services to report the transferring party's personal information to the Internal Revenue Service — this would be unnecessary, ill-advised and possibly unconstitutional, says James Burnham at Jones Day.

  • New TCPA Rulings Suggest Shorter Life For Autodialer Suits

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    In the six months since the U.S. Supreme Court's decision in Facebook v. Duguid, which narrowed the scope of the Telephone Consumer Protection Act, a growing number of rulings provide hope that meritless lawsuits based on automatic telephone dialing systems can be stopped at the pleadings stage, say Becca Wahlquist and Lauri Mazzuchetti at Kelley Drye.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Breyer's Defense Of Privacy Challenges Media Overreach

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    As courts continue to weigh freedom of the press against the importance of personal privacy, U.S. Supreme Court Justice Stephen Breyer's jurisprudence has repeatedly made it clear that the media have no constitutional right to engage in unlawful conduct, say David Elder at Northern Kentucky University and Neville Johnson at Johnson & Johnson LLP.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • A Primer On DOL Probes For ERISA Plan Service Providers

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    As the U.S. Department of Labor shifts its enforcement resources from Employee Retirement Income Security Act plan sponsors to financial institutions that service such plans, nonfiduciary providers should know what to expect and how to respond to agency investigations, say attorneys at Groom Law Group.

  • Takeaways From The Latest Proposed Competition Legislation

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    Maggie Crosswy and William MacLeod at Kelley Drye examine over 30 bills before the House and Senate that would alter the U.S. competition and consumer protection landscape, explaining what they propose, where they stand and why they matter.

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