Cybersecurity & Privacy

  • August 15, 2017

    Privacy Groups Urge Justices To Look At FISA Surveillance

    Privacy advocates have urged the high court to review and overturn a ruling enabling the government to intercept and sift through the personal data of U.S. citizens without a warrant, arguing that a foreign surveillance law is overbroad and fails to protect the constitutional rights of Americans.

  • August 15, 2017

    9th Circ. Says FCRA Claims Meet Standing Bar In Spokeo Row

    The Ninth Circuit ruled Tuesday that a man who accused Spokeo of violating the Fair Credit Reporting Act by allegedly reporting inaccurate information about him had claimed a sufficiently concrete injury to meet the Article III standing bar established by the U.S. Supreme Court in the dispute last year.

  • August 14, 2017

    Retrial In $50M Texting Scam Gets Underway

    The retrial of two executives at a mobile technology company accused of cheating consumers out of $50 million by signing them up for messaging services without their permission began Monday in New York federal court, after an earlier trial ended in a hung jury.

  • August 14, 2017

    Miami Sex Club Escapes Ad Firm's Bid For Sanctions

    A Florida federal judge on Monday tossed a design firm's bid for sanctions in a discovery dispute with a Miami sex club that allegedly used models' images without permission, saying the ad company's counsel failed to confer first with those who might be affected by sanctions.

  • August 14, 2017

    Fetal Tissue Researchers Must Prove Privacy Need: 9th Circ.

    The Ninth Circuit reversed a ruling Monday preventing an anti-abortion organization from obtaining identifying information for University of Washington fetal tissue researchers, saying more information was needed on how the disclosure would violate the researchers' constitutional rights and remanding the matter back to the lower court.

  • August 14, 2017

    Man Who Stopped WannaCry Won't Cop To Kronos Malware

    The British cybersecurity researcher who is credited with halting the global WannaCry ransomware attack pled not guilty Monday in Wisconsin federal court to charges that he helped to create and spread the Kronos banking Trojan malware, which harvested the private information of online banking users. 

  • August 14, 2017

    Cell Location Searches Assailed In Raft Of High Court Briefs

    A slew of digital rights, press freedom and Fourth Amendment advocates urged the U.S. Supreme Court on Monday to rule that the government can’t obtain historical cellphone location records without a warrant.

  • August 14, 2017

    LinkedIn Must Let Startup Pull Public Info, Judge Rules

    LinkedIn Corp. will have to let a job-search startup keep scraping information off the social media site’s public profiles, a California federal judge ruled Monday after finding the startup had raised “serious questions” about LinkedIn’s attempt to block it.

  • August 14, 2017

    Arizona Man Gets 16 Years For Online Dating Scam

    An Arizona man who bilked women of their savings in an online dating scam was sentenced to nearly 16 years in prison by a state judge Friday, the state attorney general said.

  • August 14, 2017

    Cybersecurity Cannot Be Solely An IT Issue, Experts Warn

    Attorneys need to rethink their approach to preparing for cyber threats and undertake more comprehensive risk assessments, no longer relegating the issue to the information technology department, according to panelists speaking at a continuing legal education session on cybersecurity in New York Saturday.

  • August 14, 2017

    Dish Can't Escape Judgment In TCPA Suit, Consumer Says

    A consumer leading North Carolina federal court litigation accusing Dish Network of violating the Telephone Consumer Protection Act blasted the company’s contention Friday that the allegations were already litigated in a separate Illinois action, calling the argument an “about-face” from the satellite provider’s previous claims.

  • August 14, 2017

    Uber To Pay $20M To End TCPA Suit Over Text Messages

    Uber Technologies Inc. agreed Friday in Illinois federal court to pay $20 million to settle a proposed class action alleging that the ride-hailing company violated the Telephone Consumer Protection Act by sending unsolicited texts to potential drivers and riders.

  • August 14, 2017

    Medical Practice Seeks Quick Win In Allscripts TCPA Suit

    A medical practice at the center of a Telephone Consumer Protection Act case against Allscripts Healthcare Solutions Inc. asked an Illinois federal judge on Friday to grant it an early victory, arguing that it has undisputed evidence Allscripts sent unwanted faxes that did not contain opt-out notices.

  • August 11, 2017

    Abortion Foe Wants High Court To Strike Down Video Ban

    The anti-abortion group behind a collection of secretly recorded videos from annual meetings of the National Abortion Federation is urging the U.S. Supreme Court to nix a preliminary injunction barring the publication of the recordings, arguing that the order unfairly restrains the release of information based solely on confidentiality agreements signed at the conferences. 

  • August 11, 2017

    How To Protect Confidential Info From Border Searches

    Attorneys who travel abroad with privileged or confidential information on their portable devices must understand what their ethical duties are when pressed by U.S. border agents to search their phones, tablets and computers, according to a panel of experts Friday at a continuing legal education session in New York.

  • August 11, 2017

    Security Flaw With PACER Sites Solved

    The Administrative Office of the U.S. Courts fixed a vulnerability with its online PACER/ECF system that could have granted unlimited access to website owners whose visitors were logged in to PACER, the Free Law Project said Wednesday.

  • August 11, 2017

    Banks Hope Regtech Can Adapt To Easing Oversight

    Banks have spent the last several years investing in technology to both serve their customers and simplify regulatory compliance, but with the Trump administration looking to ease the operating environment, financial institutions will have to hope their systems are nimble so those investments don't go to waste.

  • August 11, 2017

    Hooters Settles TCPA Suit For $1.3M In Gift Cards

    A proposed Telephone Consumer Protection Act class action against Hooters based on a single text message sent by the restaurant chain will settle for about $1.3 million in gift cards distributed to recipients of the text, according to a motion filed in Georgia federal court.

  • August 11, 2017

    Rooms To Go Slapped With TCPA Suit Over Marketing Calls

    Furniture store chain Rooms To Go was hit with a putative class action in Florida federal court on Thursday accusing it of skirting the Telephone Consumer Protection Act by placing thousands of unsolicited telemarketing calls to residential and wireless phone numbers listed on the National Do Not Call Registry. 

  • August 11, 2017

    Kaspersky Lab To Pull Microsoft Antitrust Complaints

    Cybersecurity software provider Kaspersky Lab AO said Thursday it would withdraw its antitrust complaints in Europe and Russia against Microsoft Corp. after the technology giant agreed to work more closely with antivirus providers on future Windows updates.

Expert Analysis

  • The State Of Biometrics Technology: The Uses, The Concerns

    Haydn Evans

    Despite early implementations dating back to the 2000s, biometrics technologies are still an emerging trend. Biometric identification and validation techniques are being introduced to new and more innovative industries — for both security purposes and personal convenience, says Haydn Evans of CPA Global.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Textalyzer Technology Faces Privacy Roadblocks

    Tamara Kurtzman

    Designed to deter and identify distracted drivers, Cellebrite's “textalyzer” is a mobile device that, once connected to a cellphone, purports to reveal whether any phone activity occurred. While some states have already taken steps to see this technology implemented on their roads, lawmakers in states like California may face difficulty, says Tamara Kurtzman, managing partner of TMK Attorneys.

  • Using AI To Monitor For Workplace Sexual Harassment

    Eve Wagner

    Company decision-makers are looking for new ways to prevent sexual harassment. But is using artificial intelligence really the answer? The ramifications for employee privacy are significant, says Eve Wagner of Sauer & Wagner LLP.

  • Managing The Publicity Of Defamation Litigation

    David Russell

    Plaintiffs today face the possibility that their lawsuits will leave a permanent and easy-to-find mark on the internet. When alleging defamation, libel and/or slander in California, plaintiffs may consider four basic ways to avoid the further spread of the embarrassing, false information during the lawsuit, say attorneys with Jenner & Block LLP.

  • UK Data Breach Fine Provides Warning As GDPR Looms

    Rohan Massey

    For those outside the EU and not currently covered by the European data protection regime, it is worth reviewing the rationale behind the recent fine imposed by the U.K. Data Protection Authority on Boomerang Video, as it may impact your business when the General Data Protection Regulation takes effect next year, says Rohan Massey, leader of Ropes & Gray LLP's privacy and data security practice in Europe.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Proposed Illinois Data Privacy Laws May Be Problematic

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    Illinois is moving forward with legislation that will bolster its reputation for having the nation’s strictest data privacy laws. But the pending bills might stifle e-commerce while providing little relief to consumers, say Debra Bernard and Daniel Burley of Perkins Coie LLP.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.