Cybersecurity & Privacy

  • January 19, 2018

    Attorneys Preparing Clients For A Costly Shutdown

    The federal government shutdown has attorneys worried, and they're preparing their clients for potential problems regarding contractors and labor regulations when the federal government shuts its doors Monday.

  • January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues. 

  • January 19, 2018

    NY Judge Reverses Standing Ax In Excellus Breach Row

    The New York federal judge overseeing consolidated actions over a 2015 data breach at Excellus BlueCross BlueShield on Friday reinstated claims brought by customers who claimed their data had been exposed but not misused, reversing her earlier decision that these plaintiffs hadn't alleged an injury sufficient to establish Article III standing. 

  • January 19, 2018

    The American Arbitration Association Sets Agenda For 2018

    American Arbitration Association president and CEO India Johnson doesn't much care for it when arbitration is referred to as being big business, telling Law360 recently she considers arbitration a means of serving the public and providing a "solution to a problem." Here, Law360 takes a closer look at how the AAA and its International Centre for Dispute Resolution are focused in 2018 on improving their offerings by tackling issues like cybersecurity, arbitrator challenges, and greater cost savings for involved parties.

  • January 19, 2018

    Calif. AG Warns Against Illegally Giving Worker Info To ICE

    California businesses that illegally share private information about their employees with U.S. Immigration and Customs Enforcement agents are in violation of two new state laws and could find themselves facing prosecution and fines of up to $10,000, the state’s attorney general said at a Thursday news conference.

  • January 19, 2018

    Hacking Suit Should Be Tossed, Fiat Chrysler Tells Judge

    Fiat Chrysler Automobiles urged an Illinois federal judge Thursday to rethink his decision to keep alive a suit by Jeep owners who say certain models are vulnerable to hacking, with the carmaker contending the motorists have changed their argument.

  • January 19, 2018

    Military Aircraft Tracker Vulnerable To Hacking, GAO Says

    The Government Accountability Office was able to track military aircrafts with public information made available by a new aviation surveillance system required to be fully implemented within two years, one of a set of glaring security risks an audit released this week found that federal agencies have yet to address.

  • January 19, 2018

    Golden State Warriors, Fans Will Arbitrate App-Spying Suit

    The National Basketball Association’s Golden State Warriors and a proposed class will mediate claims that the team secretly recorded private conversations through a smartphone app, according to a joint filing that was approved in California federal court Friday.

  • January 19, 2018

    Client Insult Protected From Atty Defamation Suit: NJ Court

    Whether or not a defendant in a fee dispute with his former attorney actually believed the lawyer was a "no good drunk,” as he wrote in an email, is irrelevant to whether the statement was protected by the litigation privilege, a New Jersey appeals court said Friday.

  • January 19, 2018

    CFTC Accuses NY Firm, Owner Of Virtual Currency Scam

    The U.S. Commodity Futures Trading Commission sued a Staten Island man and his company CabbageTech Corp. in New York federal court Thursday, accusing them of making off with funds they scammed from customers in exchange for advice on trading in virtual currencies such as bitcoin and Litecoin.

  • January 19, 2018

    Santa Monica Defends Rental Law In Airbnb, HomeAway Suit

    The city of Santa Monica on Thursday defended an ordinance that requires landlords renting rooms through websites such as HomeAway.com and Airbnb to first register and obtain a license, telling a California federal court that efforts to freeze the law would take away affordable access to a lucrative coastline.

  • January 19, 2018

    Sony, Movie Producer Settle Suit Over 2014 Cyberattack

    The producer of the 2015 film "To Write Love On Her Arms" agreed to settle its breach of contract claims against Sony Pictures over the leak of its film to the public in the wake of the 2014 Sony cyberattack.

  • January 19, 2018

    Banking Reg GCs Aim To Preserve 'Core' Dodd-Frank Reforms

    The general counsels at the nation's banking regulators said Friday that they are open to updating post-financial crisis banking safeguards, although the Federal Reserve Board’s GC said the “core reforms” will be preserved.

  • January 18, 2018

    US, EU Lawmakers Back Microsoft In Overseas Data Row

    The fight over whether the federal government can access data stored abroad by Microsoft continued to heat up Thursday, with the U.S. Supreme Court fielding briefs from U.S. and European lawmakers, Facebook, Google and dozens of others that supported the tech giant's stance that U.S. law doesn't allow authorities to reach this data. 

  • January 18, 2018

    Congress Renews Controversial Surveillance Law

    Renewal of a key Foreign Intelligence Surveillance Act authority was sent to President Donald Trump Thursday, following a sharply divided Senate vote that overrode privacy advocates' concerns about domestic spying.

  • January 18, 2018

    Surgery Center Fights Sanctions Bid In Antitrust Row

    Outpatient surgical center Marion HealthCare LLC on Wednesday hit back at claims that it improperly filed confidential information in its Illinois antitrust suit against Southern Illinois Healthcare, blaming the hospital chain for the accidental disclosure of contract information.

  • January 18, 2018

    CFTC Says Bitcoin-Funded Commodity Pool Was $1.1M Fraud

    The U.S. Commodity Futures Trading Commission on Thursday sued a U.K.-incorporated commodity pool operator and its founder, alleging they duped investors into giving them more than $1 million in bitcoin for options trading and then concocted a fake hacking and other lies to cover up what they had done with the funds.

  • January 18, 2018

    Claims In Twitter, Instagram $5.3M Privacy Deal Flagged

    A California federal judge on Wednesday referred to prosecutors potential instances of fraud stemming from a $5.3 million settlement tech giants like Twitter and Instagram struck to resolve claims of privacy violations, based on a report from the class action settlement administrator who flagged as suspicious nearly 6,000 claims. 

  • January 18, 2018

    Kaspersky Wants Judge To Block Federal Software Ban

    Security software firm Kaspersky Lab asked a D.C. federal judge on Wednesday for an injunction stopping the Trump administration from enforcing an order banning it from federal systems that was prompted by fears that its antivirus software could be hijacked by Russian spies.

  • January 18, 2018

    Google Rules Undercut Decency Law Immunity, D.C. Circ. Told

    The owner of a D.C.-based sportswear retailer urged a D.C. Circuit panel Thursday to revive her $5 million suit against Google over allegedly defamatory blog posts hosted by the web giant, saying Google abandoned its immunity under the Communications Decency Act by failing to enforce its own content standards and keeping the blog online.

Expert Analysis

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Key Takeaways From FTC’s VTech Privacy Enforcement

    Behnam Dayanim

    Up close, the Federal Trade Commission's recent settlement with VTech is significant because it is the first children’s privacy case that involves internet-connected toys. But taking a step back, this action is just the latest in a string of recent regulatory pronouncements related to the internet of things and related corporate cybersecurity practices, say attorneys with Paul Hastings LLP.

  • Will Crisis Management Insurance Cover Ransomware?

    Jeffrey Weinstein

    Kidnap, ransom and extortion insurance policies are now under increased scrutiny by insureds seeking potential coverage for ransomware attacks. Determining whether or not these attacks constitute extortion will raise new questions and issues, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Grreengrass LLP.

  • A Closer Look At Consumer Finance Law In 2017, And Beyond

    Alan Wingfield

    In 2017, as in 2016, consumer financial services still ranked as one of the most thoroughly regulated industries in the U.S. For many companies, a year that began with definite promise instead concluded with much still contested and many threats newly ascendant, say Alan Wingfield and Amir Shachmurove of Troutman Sanders LLP.

  • Will The UK Open Its Doors To US-Type Class Actions?

    Lauren-McGeever.jpg

    While the U.S. has a long history of class action litigation, there are still many unknowns in the U.K. as to what the courts are looking for in order to certify a class. The recent filing of a lawsuit against Google will hopefully provide guidance on whether private group consumer redress will be successful on the other side of the Atlantic, says Lauren McGeever of Epiq Systems Inc.

  • 5 Advertising Law Trends To Watch In 2018

    Jason Gordon

    Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.

  • NJ’s Evolving Health Care Arena: Trends To Watch In 2018

    John Fanburg

    New Jersey is one of the most competitive and heavily regulated states in terms of health care, making it a good barometer for how the industry is evolving nationally. As physicians and medical groups deal with issues like flat reimbursement from insurance providers and the rapidly rising costs of operating a medical practice, the ways in which doctors deliver health care will continue to change in 2018, says John Fanburg of Brach Eichler LLC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Hotel Malware Attack Raises Unusual Insurance Questions

    Jan Larson

    A Florida district court is poised to decide several interesting questions in St. Paul v. Rosen, offering policyholders guidance on the extent to which traditional insurance policies can protect them from data breaches and on whether policyholders' corporate affiliates can look to their policies for protection, say Jan Larson and Alex Langlinais of Jenner & Block LLP.

  • Reg A-Plus Is Perfect For Cryptocurrency Offerings

    Aaron Kaplan

    As initial coin offerings are a means to effectuate crowdfunded capital formation, issuers will likely try to meet one of the three securities registration exemptions in the Jobs Act. Aaron Kaplan of Gusrae Kaplan Nusbaum PLLC explains why the exemption under Regulation A-Plus is the most suitable.