Cybersecurity & Privacy

  • November 20, 2017

    NC State Court Axes Receipt Row For Lack Of Concrete Injury

    A North Carolina state court judge has nixed a putative class action accusing a bedding and home goods retailer of violating the Fair and Accurate Credit Transactions Act by including too many card digits on receipts, ruling that the plaintiff had failed to establish standing because he hadn't alleged the actual dissemination of his data or a similar concrete injury.

  • November 20, 2017

    SEO Firm Can't Use German Privacy Law In IP Discovery Row

    A dispute about the scope of Germany’s stringent data privacy laws took center stage in a patent row earlier this month between two search engine optimization firms facing off in California federal court, when a judge chided one company for trying to hold on to data that was already shielded by a protective order.

  • November 20, 2017

    Häagen-Dazs To Mediate TCPA Suit Over 'Thank You' Text

    Häagen-Dazs and its parent company, Nestlé, will go into mediation in an effort to resolve a suit alleging it violated the Telephone Consumer Protection Act with unsolicited automated texts that thanked customers who signed up for the ice cream maker's rewards program.

  • November 20, 2017

    Children's Hospital Sues Insurer For Data Breach Coverage

    A California children’s hospital sued Illinois Union Insurance Co. for coverage of an underlying suit brought after the hospital mistakenly sent a document containing the protected information of more than 20,000 “young patients” to job applicants, according to a notice removing the suit to California federal court Friday.

  • November 20, 2017

    J&J Says Applicant Must Arbitrate Background Check Claims

    A Johnson & Johnson subsidiary urged a Pennsylvania federal judge Monday to order that a would-be employee must arbitrate claims that he unfairly lost his job offer due to a background check, noting she has already ordered the man to arbitrate his closely intertwined allegations against the staffing company that facilitated the hiring process.

  • November 20, 2017

    Wendy's Customers Defend Standing In Data Breach Suit

    Customers suing Wendy's over a data breach urged a Florida federal judge on Friday to allow their putative class action to move forward, saying the fast-food chain has twisted their deposition testimony in its latest arguments that they have not presented sufficient evidence of actual injuries.

  • November 20, 2017

    Hung Jury, Partial Verdict In Finjan-Blue Coat IP Rematch

    A California federal jury Monday found that Blue Coat infringed two of Finjan’s online security patents, but cleared the Symantec unit on two other patents and hung on two more, awarding $490,000, far less than the $39.5 million Finjan received in prior litigation.

  • November 20, 2017

    New Group To Tackle Hacking Risks In Int'l Arbitration

    The International Council for Commercial Arbitration, the New York City Bar Association and the International Institute for Conflict Prevention & Resolution have formed a new group dedicated to tackling cybersecurity risks that can arise in international arbitration, the ICCA announced Monday.

  • November 20, 2017

    GSA Awards 61 Companies Slots On $50B Alliant IT Contract

    The U.S. General Services Administration has awarded 61 companies a place on the latest iteration of its Alliant multiaward information technology services contract, a massive deal worth up to $50 billion, it announced Monday.

  • November 20, 2017

    Avis Reaches $2.7M Deal In FCRA Background Check Suit

    Car rental company Avis has agreed to pay about $2.7 million to resolve Fair Credit Reporting Act claims that it improperly acquired and used background checks to reject job applications, according to documents filed in New Jersey federal court on Friday.

  • November 17, 2017

    Abortion Foes Tell 9th Circ. Free Speech Trumps Tape Suit

    Planned Parenthood failed to properly fight off a free speech challenge to its suit over secretly recorded videos purporting to show the improper sale of fetal tissue, anti-abortion activists told a Ninth Circuit panel Friday, saying a lower court erred in finding in favor of the health care provider.

  • November 17, 2017

    Groups, Tech Experts Knock Automated Vetting Initiative

    A slew of tech experts and civil rights groups are raising the alarm over the Trump administration's proposed “extreme vetting initiative” for immigrants, sending letters to the Department of Homeland Security on Thursday arguing the program would likely be discriminatory.

  • November 17, 2017

    Facebook Sheds User Tracking MDL For Third And Final Time

    A California federal judge on Friday tossed for the third and final time sprawling multidistrict litigation accusing Facebook of unlawfully tracking users' browsing activity after they signed off, ruling that plaintiffs had failed to identify an actual contract that prohibited the social media site's behavior. 

  • November 17, 2017

    Ex-Bank Exec Gets 6.5 Years For Loan Fraud, ID Theft

    A former executive at Virginia Commerce Bank and Fulton Bank who admitted to forging signatures and stealing identities to get millions of dollars in loans and other financing approved has been ordered to serve 6 1/2 years in prison, the U.S. Attorney’s Office for the Eastern District of Virginia said Friday.

  • November 17, 2017

    Cybersecurity Veteran Joins Crowell & Moring's SF Office

    Crowell & Moring LLP has picked up Orrick Herrington & Sutcliffe LLP’s leading cybersecurity and data privacy attorney, who has experience representing major tech companies including Facebook and Microsoft, to serve as a partner in its San Francisco office.

  • November 17, 2017

    Dems Ask Trump DHS Pick To Address Immigration Concerns

    Senate Minority Whip Dick Durbin, D-Ill., ranking member of the immigration subcommittee, and 19 other Senate Democrats sent a letter Thursday to Secretary of Homeland Security nominee Kirstjen Nielsen asking if she’d advocate for legislation that protects young immigrants living in the country illegally from deportation.

  • November 17, 2017

    Insurer Doesn't Owe Defense Of Data Breach Suit, Judge Says

    The Hanover Insurance Co. doesn't have to defend Innovak International Inc. in a proposed class action claiming the information technology company failed to prevent a 2016 data breach that compromised users' personal information, a Florida federal judge ruled Friday, saying coverage doesn't exist because the data wasn't allegedly published by Innovak.

  • November 17, 2017

    House Committee Presses Equifax For More Breach Details

    House Energy and Commerce Committee leaders on Friday dialed up the heat on Equifax over a massive data breach that compromised 145.5 million Americans' personal and financial records, demanding more answers to questions related to the software vulnerability that was exploited, the credit bureau's response to the incident and a potential second compromise in mid-October.

  • November 17, 2017

    House Dems Want Trump To Reverse DOD Afghan Secrecy Policy

    A pair of senior House Democrats urged President Donald Trump Friday to reverse a U.S. Department of Defense policy to classify previously public information on the performance and strength of Afghanistan’s armed forces, saying it will harm the ability of Congress to properly oversee U.S. operations in Afghanistan.

  • November 17, 2017

    Avis Customers Score Cert. In E-Toll Hidden Fee Dispute

    A New Jersey federal judge granted class certification Thursday in litigation alleging that Avis secretly charged car renters for an electronic toll-payment service, noting that the requirements were clearly met by the class of nearly 18 million people united by common questions surrounding whether the fees were properly disclosed.

Expert Analysis

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • CFPB Financial Data Principles: Whose Data Is It Anyway?

    David Beam

    The Consumer Financial Protection Bureau recently released guidance addressing consumer protection principles for consumer-authorized financial data sharing and aggregation. Attorneys with Mayer Brown LLP discuss what the new guidance entails and what it may mean for consumers, fintech companies and the financial services industry.

  • 6 Ways Employees Can Breach An Employer’s Data Security

    Arthur Lambert

    Every day, companies' information is transmitted by employees on company-owned and personal electronic devices. While there are numerous technical things a company should do to protect its data, some items should be communicated to employees so they can help protect information and be more aware of the ways breaches can occur, says Arthur Lambert of Fisher Phillips.

  • 3 Recent Bid Protest Decisions You Should Know About

    Thomas McLish

    Three October bid protest decisions from the U.S. Court of Federal Claims and the Government Accountability Office — in Sonoran, IPKeys and CliniComp — may affect how government contractors approach the proposal and protest process, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Populist Pitchforks Come Out: Insider Trading And Equifax

    Coen.jpg

    Following the theft of data relating to about half the adult population of the United States, Kevin Coen, former securities and treasury counsel with Johnson Controls International, explores whether there is a basis to charge any of the Equifax executives with insider trading and highlights some lessons for practitioners.

  • The Potential Effect Of Data Portability Under GDPR

    José Vega

    While many aspects of the EU's General Data Protection Regulation may be causing consternation in boardrooms around the world, one particularly innovative provision could benefit individuals and businesses alike by leveling the competitive playing field — the right to data portability, say José Vega and Amy Puckett of Bradley Arant Boult Cummings LLP.