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Cybersecurity & Privacy

  • July 19, 2018

    Verizon Slams 'Cramming' Claims Before the FCC

    Verizon has urged the Federal Communications Commission to dismiss a "cramming" complaint accusing the company of adding services that a commercial client never signed up for, saying that even though the document never states which charges were inaccurate, Verizon has gone ahead and issued credits to the customer.

  • July 19, 2018

    Virtual Coin Owners Seek Cert. Against Currency Exchange

    An investor suing virtual currency exchange Vircurex for allegedly freezing thousands of accounts due to impending insolvency asked a Colorado federal court on Wednesday for class certification.

  • July 19, 2018

    One-Off Error Not Grounds For FCRA Suit, Equifax Says

    Equifax has said a customer accusing it of letting her bankruptcy “slip through the cracks” and failing to report discharged debts was a one-off error rather than a willful violation of the Fair Credit Reporting Act, telling a California federal judge on Wednesday to give her proposed putative class action the boot.

  • July 19, 2018

    BREAKING: GOP Sens. Kill Vote On Trump 9th Circ. Pick Ryan Bounds

    Republican leaders scuttled a planned Senate vote on President Donald Trump's choice of federal prosecutor Ryan Bounds for a Ninth Circuit judgeship Thursday rather than have the nominee fail to win confirmation.

  • July 18, 2018

    ICOs No Guarantee Of 'Easy Money,' Wilson Sonsini Atty Says

    A budding company eyeing cryptocurrency to raise “easy money” through an initial coin offering should know it’s not that easy, a Wilson Sonsini Goodrich & Rosati PC attorney told a crush of startup hopefuls in San Francisco Tuesday during a panel on blockchain technology financing.

  • July 18, 2018

    BladeRoom Wants Emerson IP After $30M Trade Secrets Win

    BladeRoom Group Ltd. urged a California federal judge Wednesday to block Emerson Electric Co. from peddling data center components created using its stolen trade secrets and reassign a patent related to the building technology on top of the $30 million verdict it won at trial.

  • July 18, 2018

    Firms Vie For Facebook MDL Lead In Judge's 'Beauty Contest'

    Ten law firms fought to take the lead of multidistrict litigation Wednesday alleging Facebook negligently allowed big-data firm Cambridge Analytica to collect personal information on millions of users, during a hearing U.S. District Judge Vince Chhabria called a "beauty contest."

  • July 18, 2018

    Gov't Pushed To Release Report On Handling Of Spying Data

    The American Civil Liberties Union is pressing the Trump administration to release a 2016 report prepared by a federal privacy watchdog about how the U.S. intelligence community handles personal data swept up by its surveillance activities, a document that European policymakers have cited as crucial to assessing the adequacy of a transatlantic data-sharing agreement.

  • July 18, 2018

    Hospital's Suit Over Doc's 'Tasteless' Video Promo Revived

    A Pennsylvania appeals court Wednesday revived part of a hospital's defamation suit over what it says is a tasteless promotional video pitching a staff plastic surgeon's proposed reality show about his adventures in vaginal reconstruction.

  • July 18, 2018

    Divide On Donor Reporting Warrants Congressional Action

    The U.S. Treasury Department’s decision to no longer require donor information from some nonprofit groups has reignited a decades-long hyperpartisan battle for which Congress needs to find a more enduring solution balancing free speech rights against the need to rein in politically influential groups.

  • July 18, 2018

    Wichita Atty Charged In Cyberattacks Over Online Posts

    A Kansas personal injury lawyer known for riding a bull in his firm advertisements was charged Tuesday along with a computer engineer with threatening website operators and waging cyberattacks over negative postings about the attorney’s legal work.

  • July 18, 2018

    Bloomingdale's, Customers Get Nod On $1.4M TCPA Deal

    A New Jersey federal judge has preliminarily approved a $1.4 million settlement between Bloomingdale's Inc. and customers who allege they received unsolicited text messages regarding the retailer’s sales and promotions, in violation of the Telephone Consumer Protection Act.

  • July 18, 2018

    Woman Accused Of Being Russian Agent To Remain Jailed

    A Russian woman accused of cultivating “back channel” communications with American politicians on behalf of the Kremlin will remain jailed after a D.C. federal magistrate judge sided Wednesday with U.S. Department of Justice arguments that her foreign citizenship increases the risk she won't show up in court and that she may even flee the U.S.

  • July 18, 2018

    Lyft Wants Snubbed Driver's Background Suit Arbitrated

    Lyft Inc. asked a California federal judge Tuesday to order arbitration in a prospective driver’s proposed class action alleging he was unfairly blocked from picking up riders after Lyft ran a background check, saying the driver is bound by an arbitration provision in Lyft’s terms of service.

  • July 18, 2018

    Tech Giants, Advocacy Groups Back New Email Privacy Rules

    A slew of the world’s biggest technology companies and civil liberties groups have urged Congress to keep intact a new email privacy bill included in the defense spending measure for fiscal year 2019 that adds more barriers between internet users’ private communications and federal law enforcement agencies.

  • July 18, 2018

    Kaufman Dolowich Lures In Fla. Professional Liability Partner

    Litigation shop Kaufman Dolowich & Voluck LLP welcomed a new Florida professional liability partner Wednesday from Fowler White Burnett PA, less than a year after bringing in two other Fowler White lawyers to the state.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about navigating an increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    Debt Collecting Law Firm Accused Of Mailing Faux Court Docs

    A Minneapolis-based law firm has been hit with a proposed class action in federal court by a Wisconsin woman who alleges the firm, while acting as a debt collector, sent a deliberately misleading notice that gave the impression she had lost her case, including an allegedly forged signature from a judge or other court official.

  • July 18, 2018

    Wis. Tribe To Head Native American Suit Over Equifax Breach

    The St. Croix Chippewa Indians of Wisconsin on Tuesday filed a putative class action against Equifax Inc., alleging that the tribe was harmed by the credit reporting agency's inability to keep confidential information secure, filing not only on behalf of itself but also on behalf of all other federally recognized tribes.

  • July 18, 2018

    FTC Says Fines Force Companies To Rethink Consumer Data

    The Federal Trade Commission told lawmakers on Wednesday that if the public wants to see companies handle their sensitive information diligently, then the agency needs the ability to slap violators with fines and have more freedom to pass rules.

Expert Analysis

  • How Employers Can Prepare For New Colo. Data Privacy Law

    Dustin Berger

    Thanks to new legislation recently signed into law by Colorado Gov. John Hickenlooper, organizations that employ workers in the state will soon face more stringent data privacy requirements. Dustin Berger of Holland & Hart LLP reviews key elements of the new requirements and steps employers should take to comply.

  • How FCC Ruling Could Impact Viability Of TCPA Fax Cases

    Lewis Wiener

    In Scoma Chiropractic v. Dental Equities, a junk fax case brought against MasterCard International, a Florida federal court recently issued a stay pending a ruling from the Federal Communications Commission. The decision may have ripple effects in other pending Telephone Consumer Protection Act actions, say Lewis Wiener and Alexander Fuchs of Eversheds Sutherland.

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.

  • New Privacy Laws' Unintended Impact On Bankruptcy Sales

    Walt Sapronov

    When the next downturn occurs, bankruptcies and opportunities for investors to pick up distressed assets on the cheap will follow. Where those assets include customer lists or other personal information protected by new privacy laws in the EU and California, those sales will become more difficult, say Walt Sapronov and Paul Kouroupas of Sapronov & Associates PC.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Beware Processors As Co-Controllers Under GDPR

    Cynthia Cole

    Contracts between controllers and processors should require the data processor to act solely upon the controller's instructions and to take appropriate measures to keep the personal data secure. What is very different under the EU General Data Protection Regulation is that processors now have direct responsibilities and obligations, outside the terms of the contract, says Cynthia Cole of Baker Botts LLP.

  • New 'Shine The Light' Suits Highlight Privacy Issues

    Stephanie Sheridan

    The California Consumer Privacy Act, passed last month, is the state's most comprehensive privacy legislation to date, but not its first. Several recent putative class actions allege violations of California’s Shine the Light law. Retailers' in-house counsel should ensure that protocols are in place for timely, accurate responses to information requests under the law, say attorneys with Steptoe & Johnson LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.