Cybersecurity & Privacy

  • October 26, 2020

    Full 11th Circ. Urged To Buck Ban On Class Incentive Awards

    The full Eleventh Circuit is being pressed to review a panel decision in a dispute over a $1.4 million robocall settlement that found class representatives can't recover routine incentive awards, with the lead plaintiff arguing that this categorical ban would hobble class action litigation and an objector to the deal taking issue with the calculation of class counsel's fees. 

  • October 26, 2020

    Clearview BIPA Suit Moved Back To Ill. State Court

    An Illinois federal judge sent a biometric privacy lawsuit against facial recognition technology company Clearview AI back to state court, saying the Prairie State residents "purposely narrowed" their claim to seek only statutory damages.

  • October 26, 2020

    Ransomware's Rise Adds New Twist To Election Security

    State-backed cybercriminals are expected to use the havoc that ransomware can wreak on local governments to boost disinformation campaigns aimed at sowing distrust in the 2020 U.S. elections, but it's unlikely that such attacks would affect the ultimate accuracy of the vote tally itself, industry experts say.

  • October 26, 2020

    Customers Fight Arbitration Bids In IMessage Mix-Up Suit

    A proposed class of iPhone buyers asked a New York federal court on Friday to deny arbitration bids from Apple and T-Mobile over their claims the companies breached their privacy through an undisclosed software flaw that linked the Apple IDs of strangers unwittingly given recycled phone numbers.

  • October 26, 2020

    7th Circ. Panel Dubious Of Loan Biz Bid For TCPA Coverage

    Seventh Circuit judges expressed skepticism Monday of loan servicer Ocwen's bid for insurance coverage for a lawsuit that accuses it of illegal debt collection, questioning its argument that not all the alleged conduct violates the laws that would bar coverage under an exclusion in the policy.

  • October 26, 2020

    DirecTV Looks To Sink TCPA Suit After Arbitration Decision

    DirecTV has asked a West Virginia federal court to toss the majority of a lawsuit claiming the satellite TV provider violated the Telephone Consumer Protection Act, after the Fourth Circuit ruled the suit's lead plaintiff is bound by a contract to arbitrate her claims.

  • October 24, 2020

    Judge Won't Undo Order Blocking WeChat App Store Ban

    The Trump administration suffered yet another blow in California federal court Friday, losing its latest effort to lift a recent order blocking the government from banning downloads of Chinese-owned messaging app WeChat from U.S. app stores.

  • October 23, 2020

    9th Circ. Won't Revive Union Row Over Wash. Info Access

    A split Ninth Circuit panel has handed a victory to a Washington state in-home caregiver union, upholding a state ballot initiative that blocks public access to the providers' contact information and rejecting a conservative think tank's arguments that the law violates the First Amendment.

  • October 23, 2020

    AGs Ask Justices For Broad Autodialer View In Facebook Suit

    More than three dozen states on Friday called on the U.S. Supreme Court to broadly define an autodialer under the Telephone Consumer Protection Act to mean any device that can store and dial numbers automatically, as the justices tackle Facebook's bid to erase class claims over its security texts.

  • October 23, 2020

    Ethereum Developer Wants N. Korea Sanctions Charge Tossed

    A developer for blockchain platform Ethereum urged a New York federal judge Thursday to drop the "fatally flawed" criminal case against him that claims he broke the law by helping North Korea try to circumvent U.S. sanctions using cryptocurrency.

  • October 23, 2020

    Legislators Seek Clearer Regulatory Path For Digital Tokens

    Two complementary congressional bills recently introduced seek to provide legislative clarity regarding the status of cryptocurrency tokens and their trading platforms, a development some lawyers say is worth watching given regulatory hurdles facing the nascent industry.

  • October 23, 2020

    What's At Stake As Calif. Privacy Law Revamp Goes To Voters

    The battle over a California ballot initiative that would significantly toughen a landmark state privacy law is heating up, with supporters saying that the measure is necessary to keep consumer privacy protections strong and opponents countering that the changes don't do enough to limit big companies' control over personal data. 

  • October 23, 2020

    Curaleaf Customer Says It's Too Early To Toss TCPA Suit

    A woman suing multistate cannabis company Curaleaf for allegedly sending unwanted marketing text messages has told a New York federal judge that at this stage, she doesn't have to prove the company used an autodialer to send the messages to keep the suit alive.

  • October 23, 2020

    MVP: Morgan & Morgan's John Yanchunis

    John Yanchunis of Morgan & Morgan's complex litigation group served as lead counsel to secure a major $117.5 million settlement for more than 194 million American and Israeli victims of a sprawling Yahoo data breach, snagging him a spot among Law360's 2020 Cybersecurity & Privacy MVPs.

  • October 23, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen electronics giant Philips take on another Chinese rival over patents, automaker Daimler AG face another group action, and a Canadian pension fund and dozens of others sue troubled security firm G4S. Here, Law360 looks at those and other new claims in the U.K.

  • October 23, 2020

    Carbonite Dodges Securities Suit Over Dud Software

    Carbonite Inc. escaped a stock suit for good Thursday claiming it lied to investors by launching a data-backup product it knew would never work, artificially boosting the Boston firm's share price until it finally gave up on the product.

  • October 22, 2020

    Amazon Says Tech Cos. 'Exploiting' Alexa TM For Cyber Scam

    Amazon.com Inc. sued three tech companies and their executives Thursday in California federal court, claiming they're infringing its trademarks and "exploiting Amazon's brand to perpetrate a widespread tech support fraud."

  • October 22, 2020

    Alphabet's Deal To Boost Diversity OK'd As Attys Seek $29M

    A California judge on Thursday preliminarily approved Alphabet Inc.'s deal to spend $310 million on diversity and inclusion initiatives to settle derivative shareholder suits accusing Google's parent of covering up sexual misconduct by ex-executives, setting the stage for investors' counsel to receive up to $29 million in fees and expenses.

  • October 22, 2020

    Gambler Billy Walters Says Bharara, Others Lied About Leaks

    A famed sports gambler convicted of insider trading claimed Thursday that five ex-law enforcement officials, including former U.S. Attorney Preet Bharara, stomped all over his right to due process when they tried to hide that confidential information about his investigation was leaked to the press.

  • October 22, 2020

    NJ Senators Advance Judge Protections After Salas Shooting

    A New Jersey Senate committee on Thursday advanced legislation that would forbid the online posting of judges' and prosecutors' home addresses or phone numbers after a shooting at the Garden State residence of U.S. District Judge Esther Salas left her son dead and husband wounded in July.

  • October 22, 2020

    FedEx Wins Coverage Of Self-Service Credit Card Leak Suits

    A California federal judge has ruled that a CNA Financial Corp. unit must cover FedEx's costs to defend against a trio of proposed class actions alleging the company's self-service kiosks printed too many digits from customers' credit cards on sales receipts, saying the claims fall within the scope of FedEx's professional services coverage.

  • October 22, 2020

    MVP: Latham & Watkins' Michael Rubin

    Latham & Watkins LLP's Michael Rubin helped Facebook reach an agreement to end consolidated litigation over a cyberattack affecting 29 million users without paying monetary damages, while leading a team that secured a complete win for online advertising clearinghouse Turn Inc. in a long-running privacy dispute, earning him a spot as a Law360 2020 Cybersecurity & Data Privacy MVP.

  • October 22, 2020

    Dechert Lands 2 Cyber And Privacy Partners From Goodwin

    As firms look to outflank each other with cybersecurity and privacy work, Dechert LLP is upping its game with the addition of two senior partners from Goodwin Proctor, one of whom will serve as the practice's new chair, the firm announced Thursday.

  • October 22, 2020

    Clark Hill Accused of 'Whitewash' In Cyber Malpractice Case

    Clark Hill PLC is using a privilege "whitewash" to try to keep every document related to a successful attack on the firm's network three years ago — including reports from cybersecurity experts hired to figure out how it happened — out of court, a Chinese dissident told a D.C. federal judge on Wednesday.

  • October 22, 2020

    9th Circ. Told To Hear Justice Thomas On Big Tech Immunity

    Terrorist attack victims who are suing Google over ISIS videos uploaded on YouTube urged the Ninth Circuit to consider Supreme Court Justice Clarence Thomas' call for limits on Big Tech's immunity from liability for third parties' content posted on their platforms.

Expert Analysis

  • How Attys Can Guard Against Rising Settle-And-Sue Claims

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    Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

  • Opinion

    Don't Rush To Judgment On Election Cyberattack Attribution

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    Before jumping to conclusions on the likely perpetrators of election cyberattacks, consider data breaches' intricate anatomy, the circumstantial nature of digital forensic evidence, and the extraordinary level of guesswork involved, says cybersecurity consultant John Reed Stark.

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Employer Compliance Reminders As FCRA Class Actions Rise

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    Contrary to predictions of a slowdown following the U.S. Supreme Court’s 2016 Spokeo ruling, Fair Credit Reporting Act class actions targeting the hiring process are accelerating under new theories of liability, but employers can avoid becoming a target with routine form audits and background check vendor scrutiny, say attorneys at Hunton.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • Cos. Should Assess Risks Of COVID-19 Biometric Tech

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    As the pandemic accelerates the adoption of biometric technology, companies thinking about using or developing it should assess their litigation risk under disparate state laws regarding data use and storage, say Nicola Menaldo and Alison Caditz at Perkins Coie.

  • DOD Contractor Cybersecurity Rule Brings New FCA Risks

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    The U.S. Department of Defense interim rule for assessing government contractor implementation of cybersecurity requirements could implicate two distinct theories of False Claims Act liability and creates a positive incentive to bolster cyber defenses, say attorneys at Rogers Joseph.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • Charter TCPA Ruling May Benefit Cos. Facing Robocall Claims

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    A first-of-its-kind ruling from a Louisiana federal court in Creasy v. Charter Communications — holding that Telephone Consumer Protection Act robocall violations occurring within a certain time frame are unenforceable — could be fatal to hundreds of class actions alleging autodialer violations, says Scott Shaffer at Olshan Frome.

  • Brazilian Data Protection Law's Impact On US Financial Firms

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    In this brief video, Flavia Rebello at Trench Rossi and Daniela Fonseca Puggina at Baker McKenzie explain why U.S. financial institutions that do not have a presence in Brazil should still be up to speed with its newly effective General Data Protection Law to avoid potential issues with Brazilian regulators and courts.

  • 5 Cost-Cutting Strategies For Corporate Legal Departments

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    To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

  • Guest Feature

    Preparing The Next Generation Of Female Trial Lawyers

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    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • Guest Feature

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

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    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • Calculating FCA Damages From PPP Fraud May Be Tricky

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    The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

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