• January 11, 2017

    US, Swiss Reach Own 'Privacy Shield' Data Transfer Deal

    The U.S. and Swiss governments on Wednesday finalized a Privacy Shield agreement that will allow multinationals to transfer personal data between the two regions and mirrors a separate pact between the U.S. and European Union that was hammered out last year.

  • January 11, 2017

    PF Chang's Says 7th Circ. Ruling Doesn't Save Breach Suit

    P.F. Chang's China Bistro on Wednesday urged an Illinois federal court to refrain from allowing discovery to begin in a putative data breach class action that the Seventh Circuit revived last year, arguing that dismissal was still warranted even though the appellate court found the plaintiffs had standing to sue.

  • January 11, 2017

    Mind Your Metadata: Ethics Rules On Hidden Data

    Slowly but surely, state ethics committees are addressing the rules and responsibilities around an often overlooked risk to client confidentiality — document metadata. Here, Law360 answers four common questions lawyers have about the ethical landscape for handling the sensitive client data.

  • January 11, 2017

    NIST's Popular Cybersecurity Framework Gets Facelift

    The National Institute of Standards and Technology on Tuesday floated an update to its widely adopted voluntary cybersecurity framework that would establish a common vocabulary for discussing cyber supply chain risks and set up a way to measure the progress businesses have made in identifying and managing cyberthreats. 

  • January 11, 2017

    DOJ Pushes For Quick End To Twitter Report Fight

    The U.S. Department of Justice pressed a California federal court on Wednesday to end social media giant Twitter's plan to tell users about government surveillance requests, saying Twitter has brushed aside crucial precedent.

  • January 11, 2017

    Trump Slams Russia Docs Report, F-35 Cost Overruns

    President-elect Donald Trump on Wednesday slammed reports that Russia holds compromising information on him as “fake news,” while continuing to criticize the Pentagon’s largest acquisition program, the F-35 fighter jet, for cost and schedule overruns.

  • January 11, 2017

    Texas Justices Told UT Regent Has Right To View Records

    A member of the University of Texas' Board of Regents tasked with setting admissions standards has a “legitimate educational interest” in reviewing related documents, and allowing the regent to do so would not violate the Family Educational Rights and Privacy Act, the Texas Supreme Court was told in oral arguments Wednesday.

  • January 11, 2017

    ADT Says No Common Class In Alarm Hackability Suit

    Home security company ADT on Tuesday resisted an Arizona consumer’s bid to certify a proposed class of device owners supposedly deceived about their efficiency and vulnerability to hacking, telling a federal judge that warnings were provided in a variety of ways, making the claims highly individualized.

  • January 11, 2017

    Swiss Regulator Announces Data Privacy Deal With Microsoft

    Switzerland’s data privacy czar has reached an agreement with Microsoft on improvements to Windows 10 privacy features, it said Wednesday, warning other companies that the solution represented a “minimum standard” for them to follow.

  • January 11, 2017

    FCC Warns Consumers Of Financial Service Scams

    The Federal Communications Commission on Tuesday alerted consumers to callers who falsely offer lower credit card payments and other purported attempts to help with refinancing opportunities, noting that such scams are more prevalent during and after the holiday season.

  • January 10, 2017

    'Duck Dynasty' Creators Hit ITV Studios With $100M Suit

    The producers behind A&E’s hit cable reality show “Duck Dynasty” slapped the majority stakeholder in their company with a $100 million suit in Los Angeles Superior Court on Tuesday, saying the entity schemed to smear their reputation to wrangle a discounted price for their minority interest.

  • January 10, 2017

    MoFo Snags DOJ's Former Top National Security Lawyer

    Morrison & Foerster LLP has gained the former top official of the U.S. Department of Justice's National Security Division as chair of its global risk and crisis management practice in New York, the firm announced Tuesday.

  • January 10, 2017

    EU's New E-Privacy Rules Expand Its Authority Over Tech Cos.

    The European Commission floated a draft regulation Tuesday that will expose tech companies outside the traditional telecom space — including Facebook, Google and Apple — to stricter privacy rules on electronic communications, but the proposed regime's cross-border uniformity and eased customer-consent requirements could make the changes easier to swallow.

  • January 10, 2017

    Cause of Action Institute To Fight FTC In Privacy Row

    The limited-government organization Cause of Action Institute said Tuesday that it will represent electronics maker D-Link Systems Inc. in a privacy lawsuit brought by the Federal Trade Commission that alleges the company's devices aren't secure and put thousands of customers' data at risk, saying the allegations are “unwarranted and baseless.”

  • January 10, 2017

    UK Watchdog Fines Insurer £150K For Failing To Secure Data

    The United Kingdom’s data protection regulator has slapped general insurance company Royal & Sun Alliance Insurance PLC with a £150,000 ($182,578) fine following the theft of a hard drive device containing the personal information of nearly 60,000 customers, the watchdog said Tuesday.

  • January 10, 2017

    FDA Reports Hacking Risk In St. Jude Medical Heart Devices

    Medical device maker St. Jude Medical Inc.'s smart pacemakers and defibrillators may be vulnerable to cybersecurity hacking, the U.S. Food and Drug Administration said on Monday, giving weight to late summer reports of the issues, which St. Jude vehemently contested at the time.

  • January 10, 2017

    DC Circ. Urged To Revive CareFirst Data Breach Class Action

    A putative class of CareFirst BlueCross BlueShield policyholders on Tuesday urged the D.C. Circuit to revive their suit over a 2014 data breach targeting the health insurer's database, contending that the alleged injuries suffered by the plaintiffs established standing to sue.

  • January 10, 2017

    DC Police Want DC Circ. Rethink On Warrantless Search

    The District of Columbia on Monday warned the D.C. Circuit of hamstringing law enforcement by leaving intact a divided panel decision upending immunity for two officers accused of unconstitutionally searching a U.S. Army veteran's home for a bomb, based on his military experience.

  • January 10, 2017

    HHS, Ill. Hospital Network Settle Data Breach Action

    An Illinois-based hospital network settled with the U.S. Department of Health and Human Services’ Office for Civil Rights over claims it failed to properly notify more than 800 of its patients when their personal information was stolen, the department announced Monday.

  • January 10, 2017

    NSA Can't Skate Winter Olympics Spying Suit

    The National Security Agency can’t escape a proposed class action brought by the former mayor of Salt Lake City and six residents alleging the NSA spied on attendees of the 2002 Winter Olympics, after a Utah federal judge Tuesday said the class’ claims are believable.

Expert Analysis

  • 5 Trends Dominated Ad Law In 2016


    Reed Smith LLP attorneys Michael Strauss and Jason Gordon examine the five that dominated the advertising industry over the past year and that will continue in 2017.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017


    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • Mediating E-Discovery Disputes Can Save Time And Money

    Daniel Garrie

    A primary driver of increasing litigation costs is the explosion of electronic discovery in recent years. Electronic data is not only increasing dramatically in volume, it is also growing in complexity. One way parties can save time and money is to use a neutral, technically skilled mediator, to ensure that e-discovery is both robust and cost-effective, says Daniel Garrie of JAMS.

  • Drone Dashing Through The Snow — But Not In US


    This week, YouTube personality Casey Neistat released a video of himself being towed on a snowboard by a massive unmanned aircraft system. The video — which appears to have been shot entirely in Finland — would be virtually impossible to make in the U.S. In the spirit of the holidays, we bring you the 12 ways this would have violated Federal Aviation Administration rules, say attorneys with Wiley Rein LLP.

  • Why Calif. Law Shouldn’t Stop IMDb From Posting Actor Ages

    Dan Terzian

    A new California law compels to remove actors’ ages from its website upon their request. The law is an attempt to stop age discrimination in Hollywood. The law is also unconstitutional, says Dan Terzian of Duane Morris LLP.

  • A Lawyer's Guide To NIST's New Special Publication

    Mark C. Mao

    The National Institute of Standards and Technology's recent Special Publication 800-160 has been touted as a "flagship" work advocating building security measures into internet-of-things devices. Attorneys from Troutman Sanders LLP break down the publication and explain how specific chapters will be relevant to technology lawyers.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • Are You Prepared For A 'Post-Fact' Jury?

    Ross Laguzza

    The media has been full of stories lately about the death of facts and the rise of “fake news.” It is reasonable to wonder if people sitting on juries will be able to function appropriately in this post-fact world, says Ross Laguzza of R&D Strategic Solutions LLC.

  • Addressing IoT Security: Collaboration Is Key

    Sonja S. Carlson

    Security threats simply used to be considered technical matters for the information technology department or, more recently, the chief information officer. This approach does not work in today’s threat environment. Cybersecurity generally, and internet-of-things security specifically, is an enterprise-wide concern, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Alan Brill of Kroll.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.