Cybersecurity & Privacy

  • February 23, 2018

    China's New VPN Crackdown 'Troubling,' US Tells WTO

    The U.S. expressed concern Friday over China’s new internet access rules that seem to impose restrictions on virtual private networks, telling the World Trade Organization that China has not provided the proper assurance on the rules’ effects on cross-border business before they come into force next month.

  • February 23, 2018

    Wilson Sonsini Adds Ex-Skadden National Security Pro In DC

    Wilson Sonsini Goodrich & Rosati PC on Thursday announced it has brought aboard a former Skadden Arps Slate Meagher & Flom LLP associate for the firm's national security regulatory practice in Washington, D.C.

  • February 23, 2018

    FTC Sues Tech Cos. For Phony Computer Security Scam

    The Federal Trade Commission sued a California man and his defunct tech companies in federal court on Thursday, accusing them of facilitating a scheme to deceive older consumers into paying for phony computer protection that bilked them out of millions of dollars and stole their personal information.

  • February 22, 2018

    Facebook Shouldn't Expect 'Fake News' Legal Woes, For Now

    Social media sites are facing heightened scrutiny amid charges that an army of Russia-based “bot” accounts meddled in the 2016 U.S. presidential election, but companies like Facebook, Twitter and Google are largely immune from liability even if they unwittingly help spread propaganda, attorneys say.

  • February 22, 2018

    Missouri Gov. Indicted For Privacy Invasion Over Nude Pic

    A St. Louis grand jury indicted Missouri Gov. Eric Greitens Thursday for felony invasion of privacy, following reports last month that prosecutors were looking into allegations he blackmailed a woman with whom he’d had an extramarital affair by threatening to release a photo of her naked, bound and blindfolded.

  • February 22, 2018

    GAO Waves Off Air Force Contractor's Bad Financial Report

    The allegation that the U.S. Air Force ignored a contractor's adverse financial rating does not involve the sort of corporate responsibility issue that merits review, the U.S. Government Accountability Office recently said in denying a protest over a $105.6 million cyber defense deal.

  • February 22, 2018

    7th Circ. May Call On Indiana In Fantasy NCAA Athlete Row

    Two Seventh Circuit judges considering whether to revive a proposed class action against DraftKings and FanDuel over their use of college athletes’ likenesses said Thursday they likely need the state of Indiana to weigh in on whether exemptions in its right of publicity law cover fantasy sports sites.

  • February 22, 2018

    3rd Circ. OKs FBI Malware Warrant In Child Porn Case

    The Third Circuit said Wednesday that a magistrate judge overstepped her authority when she let the FBI use malware to identify suspects in a massive child pornography sting, but broke new legal ground by ruling that the evidence was allowed because law enforcement had obtained the search warrant in good faith.

  • February 22, 2018

    BBC, Guardian Say Public Duty Trumps Appleby Records Suit

    The BBC and the Guardian have told a British court that they're not liable for any damages their reporting caused offshore law firm Appleby Global Group LLC, arguing that while they knew portions of the Paradise Papers likely contained privileged communications, publishing portions of the leaked documents crucially furthered the public debate. 

  • February 22, 2018

    Legislate For Cyberattack Disclosure, Lloyd's Chief Says

    Private companies could be compelled to hand over information to help the insurance industry in the aftermath of a cyberattack, the head of Lloyd’s of London told Law360 on Thursday.

  • February 22, 2018

    Help Insurers Access Cyberattack Data, OECD Urges Gov'ts

    Governments must help insurers gain access to information on cyberattacks to help them price risk for customers and determine their own exposure to a potential rush of claims, the deputy secretary-general of the Organisation for Economic Co-operation and Development indicated on Thursday.

  • February 21, 2018

    New Cloud Data Bill Pits Big Tech Against Privacy Hawks

    Silicon Valley giants have teamed up with privacy advocates to fight the U.S. government’s bid, now at the U.S. Supreme Court, to access Microsoft data stored on an Irish server. But that uneasy alliance has crumbled as lawmakers mull a plan to carve out a more concrete path for U.S. prosecutors pursuing data stored abroad, with critics claiming data-sharing deals resulting from the bill could erode human rights.

  • February 21, 2018

    Warrantless Cellphone Searches Won't Fly, Pa. Top Court Says

    Pennsylvania's highest court on Wednesday struck down evidence obtained as a result of the warrantless search of a flip cellphone seized from a murder suspect, finding that a 2014 ruling by the U.S. Supreme Court confirmed the "exceedingly simple" rule that law enforcement needs to "get a warrant" if it wants to look through any cellphone. 

  • February 21, 2018

    Dish Can't Revive TCPA Suit Coverage Bid At 10th Circ.

    The penalties being sought against Dish Network LLC for alleged violations of the Telephone Consumer Protection Act are punitive and not covered by its policy with a Chubb Ltd. unit, the Tenth Circuit affirmed Wednesday.

  • February 21, 2018

    9th Circ. Finds Receipt Suit Falls Short Under Spokeo

    A Ninth Circuit panel on Wednesday found that a parking garage customer had not proved he had standing to pursue a class action claiming the garage ran afoul of the Fair Credit Reporting Act by printing credit card expiration dates on receipts, given the standard the Supreme Court set in its Spokeo decision.

  • February 21, 2018

    2nd Circ. Affirms Toss Of Suit Over Rite Aid Flu-Shot Calls

    The Second Circuit held Wednesday that a lower court rightly axed claims that Rite Aid violated the Telephone Consumer Protection Act by sending prerecorded flu shot reminder messages, saying the shopper leading the proposed class action gave the retailer permission when he provided his phone number.

  • February 21, 2018

    Bernstein Litowitz Takes Lead In Equifax Shareholder Suits

    A Georgia federal judge on Wednesday appointed Bernstein Litowitz Berger & Grossmann LLP as lead counsel for a proposed consolidated class of Equifax Inc. investors who sued after the company’s share price dropped significantly when it revealed a massive data breach that affected 145 million consumers.

  • February 21, 2018

    New SEC Cybersecurity Guidance Dinged By Dems As Rehash

    The U.S. Securities and Exchange Commission on Wednesday issued new guidance to public companies on how they should disclose their cybersecurity risks, but the effort was faulted by the agency’s Democratic commissioners, who said the SEC essentially reissued old advice without providing much new.

  • February 21, 2018

    LinkedIn Can't Relate Data Spat To Craigslist Case, Co. Says

    Data company 3taps told a California federal court Tuesday that its suit seeking clearance to scrape data from LinkedIn’s public profiles should not be related to a previously decided matter involving Craigslist, saying its action should instead be related to another pending suit against the professional networking site.

  • February 21, 2018

    Justices Wary Of Tossing Wiretap In Drug Dealers' Appeal

    The U.S. Supreme Court balked Wednesday at granting new trials to twin brothers convicted on drug charges, even though the original orders authorizing police to wiretap their cellphones exceeded the court’s territorial jurisdiction.

Expert Analysis

  • A Review Of Cross-Border Investigations In 2017: Part 2

    Sunil Gadhia

    Global authorities are taking an increasingly coordinated approach toward the investigation and prosecution of economic misconduct. Further significant developments in 2018 will likely refine the manner in which such investigations are approached, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • 10 Government Contracting Trends To Watch This Year

    Joseph Berger

    Recent developments point to continued high total spending on government contracts, which will improve national defense, disaster relief and domestic infrastructure, presenting opportunities and challenges for both agencies and contractors, says Joseph Berger of Thompson Hine LLP.

  • Handling Federal, NY State And NYC Background Check Laws

    Brian Murphy

    State and local laws that overlap and intersect with the Fair Credit Reporting Act's requirements have proliferated in recent years. New York state and New York City employers face perhaps the greatest burden in untangling these competing paradigms, because compliance with one does not ensure compliance with another, says Brian Murphy of Sheppard Mullin Richter & Hampton LLP.

  • Autonomous Drones: Set To Fly, But May Not Comply

    Sara Baxenberg

    A California company has unveiled a fully autonomous "selfie" drone, which promises to stay trained on a moving subject, capturing footage while avoiding any obstacles. But a drone that flies itself may run afoul of a number of Federal Aviation Administration regulations, even if it has fancy obstacle detection and personal tracking, say Sara Baxenberg and Joshua Turner of Wiley Rein LLP.

  • A Look At US And EU Fintech Regulatory Frameworks

    Brian Christiansen

    The regulatory fragmentation on the federal level, and at the U.S. state and EU member state levels, presents challenges and uncertainty for many fintech companies. The resolution of these uncertainties will directly impact the evolution of this sector, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Drawing A Road Map For Nationwide Health Info Sharing

    Christine Moundas

    The U.S. Department of Health and Human Services recently released its draft Trusted Exchange Framework, setting forth a guide for a public-private partnership designed to promote interoperability among health information networks. Attorneys with Ropes & Gray LLP address some of the questions that remain in evaluating whether this new voluntary arrangement will help to achieve its intended goals.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.

  • A 2017 Roundup Of Calif. Anti-SLAPP Appellate Decisions

    Thomas Burke

    California’s anti-SLAPP statute remains the strongest — and most frequently litigated — statute of its kind in the nation. Last year California’s state and federal appellate courts issued 34 published opinions and more than 169 unpublished opinions interpreting the statute. And the California Supreme Court twice reaffirmed the statute’s broad construction, says Thomas Burke of Davis Wright Tremaine LLP.