Cybersecurity & Privacy

  • October 17, 2017

    Equifax Protest Of IRS Contract Loss ‘Unreasonable’: GAO

    The Government Accountability Office on Monday denied Equifax’s “unreasonable” protest of a yearlong blanket purchase agreement the Internal Revenue Service awarded to competitor Experian for the administration of taxpayer identity and verification services.

  • October 17, 2017

    BuzzFeed Argues To Keep 'Russian Dossier' Source Secret

    BuzzFeed told a Florida federal court Monday that a number of state and federal laws protect it from being compelled to reveal its source for a dossier alleging that Russia has compromising information on President Donald Trump and that a Russian tech executive's companies helped target Democratic leaders’ computers.

  • October 17, 2017

    Experian Beats Suit Over Abandoned Payday Loan In Report

    A California federal judge has quashed a proposed class action claiming Experian failed to stop reporting debts on disputed payday loans, saying there was no evidence the consumer credit reporting giant willfully distorted results or that the reports were inaccurate.

  • October 17, 2017

    Senators Back More Oversight Of Credit Bureau Cybersecurity

    Republican and Democratic members of a key Senate panel Tuesday appeared to support increased supervision of consumer credit bureaus’ cybersecurity efforts in the wake of the Equifax Inc. data breach.

  • October 17, 2017

    Calif. Resident Says Indian Restaurant Sending Spam Texts

    A San Francisco resident on Monday filed a proposed class action in New Jersey federal court accusing Indian restaurant chain Deccan Spice of spamming him and others with unsolicited text messages, in violation of the Telephone Consumer Protection Act.

  • October 17, 2017

    Discount Club Operators Say FTC Lacks Proof In Scam Suit

    Several marketers accused by the Federal Trade Commission of bilking consumers out of more than $42 million by signing them up for bogus memberships in online discount clubs without their permission told a Georgia federal court Monday that there is not enough evidence to support the agency’s claims.

  • October 17, 2017

    In Microsoft, Justices To Set Feds' Reach For Overseas Data

    The U.S. Supreme Court in weighing the government's ability to access data stored overseas by Microsoft is likely to pick a clear winner in the battle over how far law enforcement can reach for data under the current law, experts say, although some are hoping that the move will prompt Congress to step in to quickly strike a better balance between privacy interests and law enforcement needs in a digital world.

  • October 17, 2017

    ZwillGen Nabs Ex-DHS Cyber Pro From Hogan Lovells

    Technology and cybersecurity-focused law firm ZwillGen on Monday announced that it has brought on a former Hogan Lovells and U.S. Department of Homeland Security attorney to serve as counsel at its Washington, D.C., office.

  • October 17, 2017

    Vizio Denied 9th Circ. Appeal Of Video Privacy Decision

    A California federal judge on Friday blocked TV maker Vizio Inc.’s bid to challenge her decision not to toss a privacy lawsuit brought by consumers who allege their smart TVs are spying on them, finding that an appeal would only delay the case.

  • October 16, 2017

    Excess Insurer Must Face $4M Data Breach Coverage Suit

    A California state judge on Friday ruled that Cottage Health System's excess insurance carrier must face the hospital network's suit seeking coverage for more than $4 million in data breach-related costs, rejecting the insurer's argument that the action is premature because Cottage's primary insurance policy hasn't been exhausted.

  • October 16, 2017

    Waymo Denied Access To Uber Self-Driving Source Code

    Waymo LLC can't get its hands on Uber's self-driving vehicle source code, a California federal magistrate judge said Monday, calling Waymo's attempt "profoundly overbroad" and lacking sufficient cause.

  • October 16, 2017

    Fed. Gov’t Must Face Suit Over VA, Doc’s Privacy Breach

    A California federal judge on Friday allowed to move forward a suit accusing a doctor and a U.S. Department of Veterans Affairs health clinic of negligently disclosing a patient’s confidential medical information, which exacerbated the patient’s post-traumatic stress disorder, saying the patient made a good faith effort to file his complaint on time.

  • October 16, 2017

    21st Century Oncology Cleared To Solicit Ch. 11 Plan Votes

    Cancer treatment center operator 21st Century Oncology got the go-ahead Monday to send its Chapter 11 restructuring proposals to creditors and begin tallying votes on its plan to cut its $1.1 billion debt load in half after making final modifications like estimating recoveries and addressing pending litigation.

  • October 16, 2017

    Snowden Filmmaker Received All Public FOIA Docs, FBI Says

    The FBI and U.S. Customs and Border Protection told a D.C. federal court Friday that they’ve provided filmmaker Laura Poitras with all information available under the Freedom of Information Act related to why she was continually detained at airport security checkpoints for six years, fighting her allegation that they’re wrongly withholding information.

  • October 16, 2017

    Accused ICE Impersonator Denies Role In Bribery Scheme

    A Florida resident on Monday pled not guilty to charges he impersonated a U.S. Immigration and Customs Enforcement agent as part of an alleged scheme by employees of a GEO Group Co. subsidiary to charge immigrants thousands of dollars to prematurely remove their electronic monitoring braces.

  • October 16, 2017

    What GCs Can Do To Prepare For Cybersecurity Threats

    A major part of a general counsel’s role in planning for a possible cybersecurity threat is developing a plan for communicating both internally and externally in the event of a breach, a panel of experts said Monday.

  • October 16, 2017

    VW, Marketing Co. Appeal Class Cert. In Autodialing Suit

    Volkswagen and a marketing company urged a California federal judge Friday to sign off on their Ninth Circuit appeal of a decision granting certification to a class of car owners who allegedly received illegal autodialed service reminders, challenging whether the named plaintiff consented to the calls, which could mean the difference of $735 million in liability.

  • October 16, 2017

    Privacy Groups Want Recall On 'Spying' Google Speaker

    The Electronic Privacy Information Center and consumer groups on Friday pushed the U.S. Consumer Product Safety Commission to recall the Google Home Mini, a smart speaker device that was recording private conversations, saying the problem stems from a “classic” manufacturing defect.

  • October 16, 2017

    Yahoo Can Disclose Deceased's Emails, Mass. Justices Say

    The Massachusetts Supreme Judicial Court held Monday that the Stored Communications Act allows Yahoo Inc. to disclose the contents of a deceased man’s email account to the personal representatives of his estate.

  • October 16, 2017

    Ticketmaster Denied Quick Win On Songkick Antitrust Claims

    A California federal judge on Monday tossed Live Nation and Ticketmaster's bid for a quick win on some of Songkick's antitrust claims against the ticketing giant and its subsidiary over their alleged monopoly on ticket sales, saying the parties disagree on the facts but there is “no question” that the suit stems from a restraint of trade.

Expert Analysis

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Fail-Safe Class Doctrine Helps Identify Weak TCPA Classes

    J. Marx Headshot.jpg

    In the last five years, federal courts have begun denying class certification for so-called "fail-safe" classes, limiting class action rules as a means of vindicating Telephone Consumer Protection Act claims. What appears to be a weird quirk of various procedural rules ultimately helps to prevent the use of class action rules when they are not appropriate, says Jared Marx of Harris Wiltshire & Grannis LLP.

  • The SEC Data Breach And Impact On New Reporting Rules

    Jeanette Turner

    The mutual fund industry has expressed concerns about troves of new data being filed on EDGAR starting in June 2018 as part of the U.S. Securities and Exchange Commission’s new reporting requirements. The recent disclosure of an SEC breach perfectly illustrates those concerns and adds to the clamor to delay or revise the requirements, says Jeanette Turner, managing director and chief regulatory officer at Advise Technologies.

  • Courts Scrutinizing Warrants For Electronic Data

    Henry Hockheimer

    Recent rulings from a New York federal court in Wey and the D.C. Circuit in Griffith represent a serious pushback to government efforts to write boundless warrants and to seize phones and computers without a sufficiently particularized showing of probable cause, say Henry Hockeimer and Thomas Burke of Ballard Spahr LLP.

  • Making Sense Of The SEC Data Breach

    Scott Kimpel

    Chairman Jay Clayton of the U.S. Securities and Exchange Commission recently made the surprising announcement that the SEC’s EDGAR database had been hacked. The chairman’s statement and subsequent testimony leave a number of critical questions unanswered, says Scott Kimpel of Hunton & Williams LLP.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • 4th Amendment And Shared Servers: Lessons From Shkreli

    Claire Johnson

    The prosecution of Martin Shkreli reveals some important lessons about the Fourth Amendment protections against search and seizure in the digital corporate context: Physical access to documents on a server may trump actual ownership of records, say Claire Johnson and Douglas Young of Farella Braun & Martel LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Assessing Loan Applications With Fraud Alerts After Equifax

    Jonathan Joshua

    In the wake of the Equifax data breach, consumer lenders can reasonably expect to see a significant increase in the number of loan applications where a credit report contains a fraud alert or where the report is unavailable due to a security freeze. It's important to understand the laws that apply when evaluating such applications, says consumer financial services attorney Jonathan Joshua.