Cybersecurity & Privacy

  • July 18, 2017

    Ad Makers Can’t Escape Models’ Suit Against Miami Sex Club

    A Florida federal judge on Tuesday rejected an advertising group’s bid to escape a trademark suit by models claiming a Miami sex club used their images without permission, finding the club’s oral contract with the advertisers was enforceable.

  • July 18, 2017

    Snell & Wilmer Slams DQ Bid In Cybersecurity Co. IP Row

    Attorneys for Snell & Wilmer LLP contested Monday an attempt to disqualify the firm from representing a cybersecurity company in its suit accusing a rival of false advertising and defamation regarding intellectual property ownership, saying that there was no evidence the firm had a conflict in the case.

  • July 18, 2017

    Google, Microsoft, Yahoo Needn't Give Email Info To Gov't

    Google, Microsoft, Yahoo and another email provider have dodged 15 government search warrants seeking information related to accounts thought to be involved in an identity theft scheme, after an Alabama federal magistrate judge held that the requests threaten the users’ Fourth Amendment rights.

  • July 18, 2017

    Lyft Driver Says No Consent Given To Uber's Tracking

    A former Lyft driver urged a California federal court on Monday to deny Uber’s move to dismiss his proposed class action accusing the company of spying on Lyft drivers’ locations through a software program known as Hell, arguing that he did not consent to Uber tracking his location when he utilized the Lyft app.

  • July 18, 2017

    BakerHostetler Nabs Privacy Pro From Sheppard Mullin

    A privacy and cybersecurity attorney with almost three decades of experience counseling multinational corporations like America Online Inc. through government privacy investigations has joined the Washington, D.C., office of BakerHostetler, the firm announced.

  • July 18, 2017

    Treasury Puts Turkish Co., Others On Sanctions Blacklist

    The U.S. Treasury Department added 16 organizations and people to its list of actors banned from the American banking system, saying Tuesday some had done business with the Iranian military and others pirated software unavailable in Iran in violation of U.S. sanctions.

  • July 18, 2017

    FBI Cautions Consumers About Smart Toy Privacy Risks

    The Federal Bureau of Investigation warned consumers Monday about the importance of taking cybersecurity into account when purchasing internet-connected toys, saying features like voice recognition and GPS capabilities allow these products to interact with users, but also present privacy and safety risks for children.

  • July 18, 2017

    Macy's Consumers Seek Class Cert. In Robocall Suit

    A consumer suing Macy’s for allegedly making unwanted debt collection calls to customers using an automated dialing machine is seeking class certification, telling a Florida federal judge on Monday that the proposed class is ascertainable and a class action is the best way to resolve the suit.

  • July 18, 2017

    UK May Face Tougher Data Rules After Brexit, Lawmakers Say

    Europe’s top court could enforce an even tougher interpretation of the European Union’s impending data rulebook against the U.K. after Brexit, hitting financial services and other key industries, an influential House of Lords committee warned Tuesday.

  • July 17, 2017

    9th Circ. Backs Gag Orders On FBI Data Requests

    The Ninth Circuit on Monday shot down a constitutional challenge to the Federal Bureau of Investigation's use of national security letters that bar service providers from telling users about government requests for their data, ruling that the disclosure restrictions do not violate the First Amendment. 

  • July 17, 2017

    Abortion Foe, Attys Held In Contempt For Posting Videos

    A California federal judge on Monday held an anti-abortion activist and his criminal defense attorneys in civil contempt and imposed sanctions for their “willful” violation of a preliminary injunction that barred the publication of videos that were allegedly secretly recorded at annual meetings of the National Abortion Federation.

  • July 17, 2017

    Judge Probes FCRA Definition In Horizon Data Breach Row

    A New Jersey federal judge expressed skepticism Monday over whether Horizon Healthcare Services Inc. meets the definition of a “consumer reporting agency” to sustain Fair Credit Reporting Act claims in a putative consolidated class action over a data breach involving stolen laptops that held unencrypted data on roughly 839,000 consumers.

  • July 17, 2017

    Kaspersky Case Shows Feds’ Latitude In Contract Removals

    The security concerns cited for Russian software maker Kaspersky Lab’s recent removal from the Federal Supply Schedules may be an unusual justification for FSS contract termination, but the removal process itself is relatively routine, and the company faces an uphill battle if it wants to protest, experts say.

  • July 17, 2017

    Gov’t Is Denied Google Worker Histories In Gender Pay Audit

    A U.S. Department of Labor administrative law judge on Friday narrowed a government request for Google Inc. records in an audit examining whether the company complied with anti-discrimination rules for federal contractors, blocking requests for salary history and some employee contact data.

  • July 17, 2017

    Duo Accused Of Marketing Swiped Weapons Tech To Iran

    An Iranian businessman and an alleged hacker have been accused in Vermont federal court of stealing and distributing software and military technology to Iran, in violation of U.S. sanctions and export licensing requirements, according to an indictment unsealed on Monday.

  • July 17, 2017

    Hyatt Customers Can't Seal Cert. Bid In Receipt Suit

    A Florida federal judge on Monday denied a request to seal a bid for class certification from a group of Hyatt Corp. customers accusing the hotel chain of printing too much information on their credit card receipts.

  • July 17, 2017

    Calif. Justices OK Medical Board's Access To Rx Database

    The California Supreme Court ruled Monday that a state medical board's review of patient records in the state's prescription drug monitoring database did not violate patients' privacy rights because it was justified by public interest in regulating potent prescription drugs and protecting patients from negligent doctors.

  • July 17, 2017

    IRS Gets Poor Marks In Watchdog's Record-Keeping Review

    Record-retention practices at the Internal Revenue Service have fallen behind federal requirements, a government watchdog said in an unflattering new report that spotlights the tax agency's outdated email system and allegedly shifting storage policies.

  • July 17, 2017

    Consumer Fights Darden Bid To Stay FACTA Suit

    A Florida woman argued Friday that Darden Restaurants' request to stay her putative class action claiming violations of the Fair and Accurate Credit Transactions Act until the court rules in a similar case is an illegitimate attempt to delay consumers' access to the court and should be denied.

  • July 17, 2017

    How To Avoid E-Discovery Challenges Posed By New Tech

    Although recent amendments to federal rules clarified the bounds of discovery, particularly involving electronically stored information, the proliferation of new tools for communication and data gathering and storage presents ample ambiguity about the obligations of attorneys and clients as they jointly navigate this brave new world.

Expert Analysis

  • How Cyberattacks Are Changing The Health Care Landscape

    David Saunders

    Recent cyberattacks have spurred the health care industry to engage in a difficult, but necessary self-evaluation of whether it is ready for the next attack. David Saunders and Heidi Wachs of Jenner & Block examine some developments in the aftermath of these ransomware attacks and one lesson the industry still has to take notice of.

  • Growing Demand For Mediation Of Data Breach Disputes

    Kenneth Rashbaum

    Most disputes that arise from breaches of information have their roots in agreements between the parties as to how that information would be maintained. More and more contract drafters are including some form of alternative dispute resolution in those agreements, says Kenneth Rashbaum of Barton LLP.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Connecting The FBI’s Cyber Agents With Its Brick Agents

    Richard Frankel

    When I joined the FBI in 1995, it was the early days of a new breed of agent — this "cyber agent" chased criminals in cyberspace, in an agency dominated by “brick agents,” who chased criminals on the streets. Today applicants with cyber expertise are among the highest-priority hires. But many are not trained in vital interpersonal communication, says Richard Frankel, co-head of Ruskin Moscou Faltischek PC's cybersecurity and data ... (continued)

  • The Do's and Don’ts Of Minimizing Risk For TCPA Liability

    Joshua Briones

    Uber's recent Telephone Consumer Protection Act settlements come after a long string of similar actions plaguing businesses across the nation. Each settlement, including those like the ones Uber is currently finalizing, serves to embolden private plaintiffs and their counsel, say Joshua Briones and Crystal Lopez of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Role Of Insurance In A Cyber Risk Management Strategy

    James E. Scheuermann

    Though it is rare for corporate insureds to treat cyber insurance as the whole of their cyber risk management plans, many insureds make a closely related and potentially equally serious mistake — they treat cyber insurance as a distinct and independent silo in their strategy, says James E. Scheuermann of K&L Gates LLP.

  • 4 Things To Remember About Refill Reminder Compliance

    David Glynn

    Specialty pharmacies, drug manufacturers and other members of the health care industry involved in refill reminder programs should be mindful that, while such programs are expressly permitted under the Health Insurance Portability and Accountability Act, HIPAA does not endorse an “anything goes” approach. Attorneys with Holland & Knight LLP discuss what to keep in mind when structuring these programs.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Well-Crafted PII Capture Policies Are Vital For Retailers

    Andrew Joseph

    California plaintiffs continue to file putative class actions alleging that retailers’ requests for their ZIP codes violate their rights under state law. Retailers must remember that such requests should not appear to be a condition of making a credit card purchase, say attorneys with Drinker Biddle & Reath LLP.

  • Value-Based Challenges And Opportunities For Pharma Cos.

    Eve Brunts

    Over the past few years, pharmaceutical companies and private health plans have announced new value-based pricing arrangements linking the cost of drugs to their perceived value, receiving widespread media coverage. However, such coverage has obscured the challenges inherent in implementing a successful value-based pricing arrangement, say Eve Brunts and Alison Fethke of Ropes & Gray LLP.