Cybersecurity & Privacy

  • March 20, 2018

    Facebook Shareholders Sue Over Data Firm Tied To Trump

    Facebook investors hit the social media behemoth with a stock-drop suit in California federal court Tuesday, alleging that it made misleading claims about its use of user data, which blew up this month when its alleged relationship to a Trump-linked data firm was made public.

  • March 20, 2018

    Virtual Reality Legal Concerns On The Rise, Survey Finds

    As augmented and virtual reality offerings continue to expand, companies are paying more attention to the legal issues raised by the emerging technology, including the potential for disputes in the areas of consumer data collection and use, personal injuries and property damage, and patent infringement, according to a survey released Tuesday by Perkins Coie LLP.

  • March 20, 2018

    FX Slams De Havilland’s ‘Feud’ Portrayal Suit On Appeal

    FX Networks and the producers of “Feud: Bette and Joan” urged a California appeals court on Tuesday to toss Olivia de Havilland’s suit alleging the docudrama dirties and improperly profits off her name, arguing the First Amendment clearly protects their right to use artistic license in portraying the 101-year old actress.

  • March 20, 2018

    Gov’t Litigation Tactics ‘Kafkaesque,’ 9th Circ. Judges Say

    A Malaysian woman who was wrongfully placed on the U.S. “no fly” list appeared to convince some Ninth Circuit judges Tuesday that the government litigated the decadelong case in bad faith and she is entitled to $3.8 million in attorneys’ fees, with two judges calling the federal legal strategy "Kafkaesque."

  • March 20, 2018

    Sports Gambling Co. Slapped With Suit For Unsolicited Texts

    A Maryland sports wagering business violated the Telephone Consumer Protection Act by sending unsolicited text messages to consumers and offering advice for picking the winners in the National Football League and other contests, a proposed class action lawsuit filed Monday in Georgia federal court alleged.

  • March 20, 2018

    IBM Can't Escape Army's $5.9M Clawback Bid On IT Contract

    The Armed Services Board of Contract Appeals has refused to toss the U.S. Army’s bid to claw back $5.9 million from IBM after the technology giant allegedly failed to meet network security requirements under an information technology services contract, ruling the Army’s claims were timely and properly pled.

  • March 20, 2018

    DirecTV, CenturyLink Exposed User Info Online, Suit Says

    A customer with a DirecTV and CenturyLink bundled service hit the companies with a class action Monday in Washington federal court accusing them of compromising consumer privacy by putting bills online, complete with information such as names, addresses, satellite television billings and numbers called.

  • March 20, 2018

    NJ Court OKs 'Good Cause' Use Of Wiretaps In Civil Cases

    The New Jersey Appellate Division on Tuesday affirmed in a published decision that wiretapped conversations from law enforcement investigations can be unsealed for use in civil litigation if good cause is shown, an opinion that upends the state court’s longtime jurisprudence on the matter.

  • March 20, 2018

    Feds Say Alleged Fraudster's Cryptocurrencies Are Securities

    Brooklyn federal prosecutors and the U.S. Securities and Exchange Commission on Monday pushed back against an alleged fraudster’s claim that his cryptocurrencies aren’t securities subject to federal laws, saying his purported initial coin offerings were clearly investment contracts governed by applicable securities statutes.

  • March 20, 2018

    Orbitz Says Potential Breach Impacted 880K Payment Cards

    Orbitz LLC announced Tuesday that a potential breach may have compromised two years’ worth of data relating to purchases made on one of its legacy travel-booking platforms, including roughly 880,000 payment cards and other personal information like consumer names, addresses and phone numbers.

  • March 20, 2018

    McAfee's Tech Investment Biz Sees $47M Suit Trimmed

    A New York federal judge on Monday gutted a $47 million suit accusing a cybersecurity investment firm led by John McAfee of cheating investors out of shares, ruling that the only disputed claim still in contention is whether the firm failed to compensate its early backers.

  • March 20, 2018

    EXCLUSIVE: Behind The Downfall Of Latham's Chairman

    Before his sudden departure Tuesday, Latham & Watkins LLP Chair Bill Voge engaged in a pattern of reckless behavior starting with sexually explicit messages sent to a woman he approached on behalf of a Christian men’s group and culminating in threats to her husband to have her thrown in jail. This story has been updated to include more details.

  • March 19, 2018

    Former NJ US Atty Joins Arnold & Porter

    New Jersey’s longest-serving U.S. Attorney in five decades, Paul J. Fishman, is taking his 35 years of experience on both sides of the private-public fence to Arnold & Porter’s crisis management and strategic response team, the firm announced Monday.

  • March 19, 2018

    Doctor Sued Over Taking Sedated Patient's Pic To Show Wife

    A neurosurgeon used a smartphone to take a photo of a sedated patient’s genitals during surgery and sent it to his wife for their amusement, according to a suit filed in Alaska state court.

  • March 19, 2018

    'Breach' Or Not, Facebook In Legal Hot Water Over Data Use

    Facebook’s continued insistence Monday that it wasn’t a “data breach” when an analytics firm mined private data on millions of unwitting Americans to create detailed voter profiles won’t get the social network off the hook with federal authorities, ex-regulators say.

  • March 19, 2018

    Facebook, Users Urge Quick Wins In Biometric Privacy Suit

    A putative class of Facebook users urged a California federal court Friday to find the social media giant unlawfully used facial-recognition technology to collect biometric data without appropriate consent, while the company argued the case should be tossed since no injury has been shown.

  • March 20, 2018

    CORRECTED: FBI Properly Withheld Docs On Trump Statements, Court Says

    A D.C. federal judge on Monday ruled against a journalist and a historian who sought information related to statements by then-presidential candidate Donald Trump about Hillary Clinton, finding the FBI and Secret Service conducted an adequate search in response to their request and properly withheld records.

  • March 19, 2018

    Trump Bans Venezuelan Cryptocurrency Transactions In US

    President Donald Trump on Monday issued an executive order banning transactions within the United States that involve Venezuela's new cryptocurrency, marking the administration’s latest attempt to escalate pressure on Venezuela President Nicolas Maduro’s beleaguered regime.

  • March 19, 2018

    Perkins Coie Adds Privacy Partner From Alston & Bird

    Perkins Coie LLP has added an experienced privacy and data attorney from Alston & Bird LLP as a partner and the co-chair of its new group focused on the intersection of advertising technology and privacy in its Los Angeles office, the firm announced Monday.

  • March 19, 2018

    Review Panel Rules ACLU Can Pursue Spy Court Docs

    The American Civil Liberties Union and another party seeking access to unredacted Foreign Intelligence Surveillance Court opinions on bulk data collection have legal standing for their challenge, the spy court's review body ruled Friday after being asked to weigh in on the jurisdictional issue.

Expert Analysis

  • 3 Critical Events For Cryptocurrency Exchanges: Part 1

    John Reed Stark

    Cryptocurrency exchanges must be prepared for a relentless U.S. regulatory onslaught. That seems to be the clear warning embodied in the confluence of three events last week involving three agencies that are no longer content with generating regulatory headwinds, say John Reed Stark, president of John Reed Stark Consulting LLC, and David Fontaine, CEO of Kroll Inc.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 9th Circ. Rescues FTC Authority Over Common Carriers

    J.G. Harrington

    The Ninth Circuit's decision last month in Federal Trade Commission v. AT&T Mobility has significant implications for enforcement against telephone, wireless and internet businesses, and for the potential fate of the Federal Communications Commission’s Restoring Internet Freedom Order, say attorneys with Cooley LLP.

  • Do Business Interruption Policies Cover Ransomware?

    Catherine Doyle

    Policyholders should look to the Rhode Island district court's decision in Moses v. Sentinel as a bellwether on coverage for business interruption and lost income claims associated with ransomware attacks, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • 3 Lessons From Sinovel's Trade Secret Theft Conviction

    Justus Getty

    One of the key takeaways from a Wisconsin federal court's recent decision in U.S. v. Sinovel Wind Group is that the most serious threats to a company’s trade secrets can often be internal rather than external, says Justus Getty of Duane Morris LLP.

  • TCPA Rules For VoIP Demand The Impossible From Cos.

    Eduardo Guzmán

    The Federal Communications Commission's regulatory treatment of voice over internet protocol services appears to clash with standards set by recent court decisions. Given that the use of VoIP services will only increase, the FCC should impose a more consistent and practical rule, says Eduardo R. Guzmán of Squire Patton Boggs LLP.

  • A Broad Regulatory Push To Rein In Burgeoning ICO Market

    Christopher Conniff’s disclosure last week that its ongoing $250 million initial coin offering has been under investigation by the U.S. Securities and Exchange Commission appears to be part of a widespread probe pursuant to which “scores” of companies and advisers have reportedly received subpoenas. This underscores the SEC’s continued commitment to vigorous oversight in the virtual currency space, say attorneys with Ropes & Gray LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Avoiding The Pitfalls Of Pre-Employment Background Checks

    Alicia Samolis

    A Florida federal judge recently allowed a class action to proceed against Amazon, on allegations that the company engaged in unfair pre-employment background check practices. The case highlights that even the most sophisticated employer can struggle with the varied and highly technical laws that govern this common employer function, say Alicia Samolis and Matthew Mitchell of Partridge Snow & Hahn LLP.

  • Practicality Is A Driving Force In High Court Microsoft Case

    James Kitchen

    Absent new legislation or a major reformation of the mutual legal assistance treaty process, victory in the Microsoft case at the U.S. Supreme Court may be vital for the government when it comes to its ability to conduct investigations in the fast-paced world of electronic data and cybercrime, says James Kitchen of Jones Day.