Cybersecurity & Privacy

  • January 10, 2018

    Virtual Coin Owners Sue Exchange For Freezing Their Funds

    The virtual currency exchange Vircurex has breached contracts with thousands of investors by freezing their accounts for nearly four years, while scaring off potential lawsuits with misleading terms of service, a proposed class action filed Wednesday in Colorado federal court claims.

  • January 10, 2018

    Sens. Float Bill To Penalize Credit Agencies For Data Breaches

    Two Democratic senators floated legislation Wednesday that would boost the Federal Trade Commission’s authority over large credit reporting agencies, including by levying penalties for consumer data breaches like the massive one at Equifax that compromised the personal information of roughly half the U.S. population.

  • January 10, 2018

    Banks Urge 7th Circ. To Revive Schnuck Data Breach Suit

    A group of banks that issued debit and credit cards affected in a 2012 data breach at Schnuck stores urged the Seventh Circuit Wednesday to resurrect its putative class action against the grocery chain, saying the lower court improperly found the store had no duty to secure their interests in protecting the information compromised in the breach.

  • January 10, 2018

    Intel Investors Say Stock Fell After Security Flaw Reveal

    Investors hit Intel Corp. with a stock-drop putative class action in California federal court on Wednesday, alleging that news of two previously unreported security flaws, dubbed Spectre and Meltdown, prompted share prices to tumble more than 5 percent over two days.

  • January 10, 2018

    Saul Ewing Adds Ex-Sedgwick Partners In Miami, New York

    Saul Ewing Arnstein & Lehr LLP has bolstered its litigation bench in the areas of product liability, cybersecurity and insurance with the addition of two partners from the recently shuttered Sedgwick LLP, the firm announced Tuesday.

  • January 10, 2018

    Fed. Circ. Ruling Prompts Mistrial In Symantec Unit IP Case

    A California federal judge on Wednesday granted Symantec unit Blue Coat’s request for a mistrial in a cybersecurity patent infringement case brought by Finjan, saying a just-issued Federal Circuit decision striking damages in a related case called for a fresh jury, free from certain impressions about damages and willfulness issues.

  • January 10, 2018

    Trump Atty Sues BuzzFeed, Fusion GPS Over Russia Dossier

    A personal attorney for President Donald Trump filed two defamation lawsuits Tuesday against BuzzFeed and the intelligence firm Fusion GPS over the publication of research into Trump’s ties to Russia, which included allegations concerning the attorney, Michael Cohen.

  • January 10, 2018

    OECD Urges Gov'ts To Boost Use Of Insurance As Cybershield

    Governments should treat insurance as an essential weapon in their national strategies to tackle financial cybercrime and consider forcing companies to reveal full details after they suffer an online attack, a major intergovernmental organization has said.

  • January 9, 2018

    FISA Renewal Hinges On Warrants To Snoop On Americans

    The debate in Washington over renewing a federal spy program that allows warrantless surveillance of foreign investigation targets has boiled down to a single question, experts say: whether authorities need a warrant to search for American citizens’ data swept up in the program.

  • January 9, 2018

    Finjan CEO Says Paid Verdict Didn't Earn Blue Coat IP Rights

    Finjan’s CEO took the stand in California federal court Tuesday in a retrial of the company’s cybersecurity patent suit against Symantec unit Blue Coat, testifying that the latter didn’t gain the right to use its technology by paying a previous $39.5 million patent infringement verdict.

  • January 9, 2018

    Digital Coin Offerer Says SEC Can't Sue In US Over $15M ICO

    An attorney for a Quebecois man accused by the U.S. Securities and Exchange Commission of ripping off investors in a fraudulent initial coin offering that purportedly raised $15 million said Tuesday that U.S. courts lack jurisdiction to hear the case.

  • January 9, 2018

    Flu Shot Text Row Boosts TCPA Defense As Big Ruling Looms

    The Second Circuit last week narrowed liability for health care providers under the Telephone Consumer Protection Act by canning a suit over a single flu-shot reminder text, providing some welcome clarity in a litigation environment anxiously awaiting a ruling in another dispute that could drastically alter exposure under the statute, attorneys say. 

  • January 9, 2018

    FBI Boss Calls Encryption 'Major' Public Safety Threat

    Federal authorities’ incapacity to access encrypted digital devices has become a “major public safety issue,” new FBI head Christopher Wray said Tuesday as he called on technology firms to find a way to both comply with court orders and protect data security.

  • January 9, 2018

    Kirkland's Will Face Receipt Row Under Spokeo

    Kirkland's Inc. must face a putative class action accusing the retailer of printing too many credit card digits on receipts after a Pennsylvania federal judge on Tuesday adopted a magistrate judge's recommendation, agreeing that the consumers needn't allege actual or imminent identity theft to establish standing under the U.S. Supreme Court's Spokeo decision.

  • January 9, 2018

    Intel Users Urge JPML To Send Patch Suits To Calif.

    A proposed class of consumers urged the Judicial Panel on Multidistrict Litigation on Monday to centralize in California’s Northern District five lawsuits that claim Intel Corp.’s patch to a security flaw slows computer processing speeds, arguing the venue is convenient since Intel and most witnesses are based there.

  • January 9, 2018

    FINRA To Eye ICOs, Cryptocurrencies In 2018

    The Financial Industry Regulatory Authority plans to increase its focus on how broker-dealers handle initial coin offerings and cryptocurrency transactions, a booming niche that is attracting more regulatory attention, according to the organization’s annual examination letter Monday.

  • January 9, 2018

    FTC Lawyers Slam LabMD's Retaliation Suit In DC Circ.

    A pair of Federal Trade Commission attorneys asked the D.C. Circuit on Tuesday to quash cancer-testing company LabMD’s claim they initiated an administrative enforcement action against the company in retaliation for disparaging public statements about the FTC by LabMD's owner.

  • January 9, 2018

    Supreme Court Questions Police Power To Search Vehicles

    The U.S. Supreme Court grilled government lawyers Tuesday over the ability of police to inspect motor vehicles in two criminal cases raising novel questions under the Fourth Amendment, which protects against unreasonable searches and seizures.

  • January 9, 2018

    You've Got Restitution, 2nd Circ. Tells AOL Email Poacher

    AOL screen name swindler Jason Smathers is still on the hook for the bulk of $84,000 he owes the former dial-up giant, the Second Circuit said Tuesday, holding that prosecutors don't have to examine whether other payments satisfied his restitution tab.

  • January 9, 2018

    Sens. Look Open To Shifting Anti-Money Laundering Rules

    Senators from both parties on Tuesday appeared to back making changes to anti-money laundering requirements that would ease the amount of time and money that banks spend on targeting suspicious transactions, while at the same time modernizing the system for halting illicit funds.

Expert Analysis

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • How Gov't Cyber Efforts Will Affect Companies This Year

    Megan Brown

    2018 will be a busy year for federal cybersecurity activity. There are eight expected developments that will raise the stakes for the private sector, say attorneys with Wiley Rein LLP.

  • Munchee Case Clarifies SEC's Stance On Digital Tokens

    Joel Telpner

    The U.S. Securities and Exchange Commission's recent order against Munchee provides us with some guidance that goes beyond the SEC's July report that addressed initial coin offerings. Specifically, issuers must be extremely attentive to how their tokens are being marketed, says Joel Telpner of Sullivan & Worcester LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • DFARS Cyber Rule Considerations For Contractors In 2018

    Susan Booth Cassidy

    For contractors, New Year's resolutions should include addressing the Defense Federal Acquisition Regulation Supplement cyber rule and confirming that their existing processes and procedures anticipate how the U.S. Department of Defense will measure compliance with the rule in the year to come, say Susan Booth Cassidy and Catlin Meade of Covington & Burling LLP.

  • Health Care Boards Face Exceptional Challenges In 2018

    Michael Peregrine

    For health system boards, recent industry developments and the extraordinary transaction activity that occurred at the end of 2017 are harbingers of the challenges ahead, says Michael Peregrine of McDermott Will & Emery.

  • Congressional Forecast: January

    Richard Hertling

    After passage of tax reform legislation, the GOP passed another temporary funding bill to avert a government shutdown before the holidays. As a result, congressional leaders again put off a resolution of a major fiscal debate over the budget, along with partisan disputes over immigration, health care and national security, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • What To Expect From Blockchain In 2018

    Austin Mills

    Blockchain's growth next year is unlikely to match its 2017 growth, but 2018 may well be a much more impactful year in the blockchain and cryptocurrency space. Emerging themes and initiatives include smart contracts, state-backed cryptocurrencies and the maturation of the initial coin offering market, says Austin Mills, head of the blockchain and cryptocurrency group at Morris Manning & Martin LLP.