Cybersecurity & Privacy

  • October 16, 2017

    Excess Insurer Must Face $4M Data Breach Coverage Suit

    A California state judge on Friday ruled that Cottage Health System's excess insurance carrier must face the hospital network's suit seeking coverage for more than $4 million in data breach-related costs, rejecting the insurer's argument that the action is premature because Cottage's primary insurance policy hasn't been exhausted.

  • October 16, 2017

    Waymo Denied Access To Uber Self-Driving Source Code

    Waymo LLC can't get its hands on Uber's self-driving vehicle source code, a California federal magistrate judge said Monday, calling Waymo's attempt "profoundly overbroad" and lacking sufficient cause.

  • October 16, 2017

    Fed. Gov’t Must Face Suit Over VA, Doc’s Privacy Breach

    A California federal judge on Friday allowed to move forward a suit accusing a doctor and a U.S. Department of Veterans Affairs health clinic of negligently disclosing a patient’s confidential medical information, which exacerbated the patient’s post-traumatic stress disorder, saying the patient made a good faith effort to file his complaint on time.

  • October 16, 2017

    21st Century Oncology Cleared To Solicit Ch. 11 Plan Votes

    Cancer treatment center operator 21st Century Oncology got the go-ahead Monday to send its Chapter 11 restructuring proposals to creditors and begin tallying votes on its plan to cut its $1.1 billion debt load in half after making final modifications like estimating recoveries and addressing pending litigation.

  • October 16, 2017

    Snowden Filmmaker Received All Public FOIA Docs, FBI Says

    The FBI and U.S. Customs and Border Protection told a D.C. federal court Friday that they’ve provided filmmaker Laura Poitras with all information available under the Freedom of Information Act related to why she was continually detained at airport security checkpoints for six years, fighting her allegation that they’re wrongly withholding information.

  • October 16, 2017

    Accused ICE Impersonator Denies Role In Bribery Scheme

    A Florida resident on Monday pled not guilty to charges he impersonated a U.S. Immigration and Customs Enforcement agent as part of an alleged scheme by employees of a GEO Group Co. subsidiary to charge immigrants thousands of dollars to prematurely remove their electronic monitoring braces.

  • October 16, 2017

    What GCs Can Do To Prepare For Cybersecurity Threats

    A major part of a general counsel’s role in planning for a possible cybersecurity threat is developing a plan for communicating both internally and externally in the event of a breach, a panel of experts said Monday.

  • October 16, 2017

    VW, Marketing Co. Appeal Class Cert. In Autodialing Suit

    Volkswagen and a marketing company urged a California federal judge Friday to sign off on their Ninth Circuit appeal of a decision granting certification to a class of car owners who allegedly received illegal autodialed service reminders, challenging whether the named plaintiff consented to the calls, which could mean the difference of $735 million in liability.

  • October 16, 2017

    Privacy Groups Want Recall On 'Spying' Google Speaker

    The Electronic Privacy Information Center and consumer groups on Friday pushed the U.S. Consumer Product Safety Commission to recall the Google Home Mini, a smart speaker device that was recording private conversations, saying the problem stems from a “classic” manufacturing defect.

  • October 16, 2017

    Yahoo Can Disclose Deceased's Emails, Mass. Justices Say

    The Massachusetts Supreme Judicial Court held Monday that the Stored Communications Act allows Yahoo Inc. to disclose the contents of a deceased man’s email account to the personal representatives of his estate.

  • October 16, 2017

    Ticketmaster Denied Quick Win On Songkick Antitrust Claims

    A California federal judge on Monday tossed Live Nation and Ticketmaster's bid for a quick win on some of Songkick's antitrust claims against the ticketing giant and its subsidiary over their alleged monopoly on ticket sales, saying the parties disagree on the facts but there is “no question” that the suit stems from a restraint of trade.

  • October 16, 2017

    Jeep Drivers Fight For Class Cert. In Hacking Suit

    Consumers claiming some Jeep vehicles are susceptible to hacking asked an Illinois federal court Friday to certify a class of 1.4 million car owners, even as Fiat Chrysler made a bid for a quick win in the case on the grounds that potential vulnerabilities are no basis for legal liability.

  • October 16, 2017

    JPMorgan Hackers Should Face Prosecution First, Feds Say

    The U.S. Department of Justice has asked a New York federal judge to delay the U.S. Securities and Exchange Commission’s civil suit against three men accused of using hacked financial data from JPMorgan Chase & Co. and others in a securities fraud scheme, saying the criminal case against the men should take priority.

  • October 16, 2017

    High Court To Weigh Role Of Jurisdiction In Wiretap Evidence

    The U.S. Supreme Court on Monday said it will hear a case over whether evidence gleaned from a valid wiretap that was used at trial to convict two men of distributing cocaine and marijuana should have been suppressed because the surveillance was partially conducted outside the court’s jurisdiction.

  • October 16, 2017

    Charter Wants Call Suit Paused Pending TCPA Challenges

    Charter Communications Inc. asked a California federal judge on Friday to pause a proposed class action alleging it violated the Telephone Consumer Protection Act by autodialing consumers until either its First Amendment challenge of the law or a separate case considering the definition of an autodialer is resolved.

  • October 16, 2017

    High Court To Weigh Microsoft Overseas Data Warrant Row

    The U.S. Supreme Court on Monday agreed to review a Second Circuit decision that the federal government can’t use search warrants to access user data stored overseas by service providers such as Microsoft.

  • October 16, 2017

    Businesses Unprepared For Tough Data Regs, Aon Warns

    Fewer than a third of businesses in Europe, Africa and the Middle East fully understand the consequences that demanding new information rules from Brussels will bring in May, new data showed on Monday.

  • October 16, 2017

    Just 1 In 4 Risk Managers Reports Cyberbreach, Chubb Says

    More than a quarter of senior risk and information technology managers say their firms have been hacked or suffered a cyber incident in the last year, Chubb Ltd. said Monday.

  • October 13, 2017

    Yahoo's Info On 2B Hacked Accounts Doesn't Satisfy Judge

    The California federal judge overseeing multidistrict litigation over Yahoo's 2013 data breach said Friday that recent revelations that 2 billion additional accounts were impacted put the case "back at square one," and expressed frustration at the amount of information Yahoo has revealed about the hack's broadened scope.

  • October 13, 2017

    Google Sharing App User Data Without Permission, Suit Says

    Google has breached its contract with Wallet users who buy apps through its Play store by sharing their email addresses, phone numbers and other personal data with third-party app developers without their permission, according to a putative class action recently removed to California federal court.

Expert Analysis

  • Think Before Making Bitcoin Part Of Incident Response Plan

    Tracy Lechner

    Amid increasing ransomware attacks, businesses and their outside law firms are considering whether it would be prudent to establish and stock a bitcoin wallet as part of their incident response plan. This approach, however, may expose companies to more liability than the benefits can justify, say Tracy Lechner and Esteban Morin of Brownstein Hyatt Farber Schreck LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • The New Wave Of Employee Biometrics Class Actions

    Steven Pearlman

    At least 26 employment class actions alleging violations of the Illinois Biometric Information Privacy Act have been filed in Illinois state court from July to October 2017. Attorneys with Proskauer Rose LLP discuss employers’ obligations under BIPA, the substantial damages the statute enables employees to recover on a classwide basis, and potential defenses that employer-defendants are likely developing.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • The End May Be Nigh For FACTA Claims

    John Papianou

    Until last month, the Eleventh Circuit appeared to be the last place for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to truncate credit card numbers under the Fair and Accurate Credit Transactions Act. However, the dismissal of Gesten v. Burger King indicates a shift away from the generous reading of Spokeo that Eleventh Circuit plaintiffs have enjoyed, say John Papianou and Erin Novak of M... (continued)

  • Tips For Handling Workplace Substance Abuse Under ADA

    Robert Usinger

    Given the amount of public debate on the opioid crisis, it is inevitable to foresee a rise in workplace disputes involving drug and alcohol abuse. In light of these developments, attorney Robert Usinger, and Barry Temkin of Mound Cotton Wollan & Greengrass LLP review the law regarding substance abuse in the workplace under the Americans with Disabilities Act.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Cybersecurity Due Diligence In M&A: 8 Questions To Ask

    Thomas Smedinghoff

    Many acquirers pay little or no attention to the cybersecurity preparedness of the target company. But the target company’s cybersecurity status can have a major impact on the company’s present value as well as on the potential future liabilities that the acquirer may be assuming, say Thomas Smedinghoff and Enrique Santiago of Locke Lord LLP.