Cybersecurity & Privacy

  • August 9, 2017

    Madonna Files Suit Over Ex-Friend's Alleged Underwear Theft

    Madonna hit a collectibles auctioneer and a former friend with a new lawsuit in New York on Wednesday accusing them of attempting to sell off personal items, including song lyrics written by the pop star herself, an old checkbook and underwear with an accompanying note.

  • August 9, 2017

    Click Fraud Trial Shows Prosecutors Must Be Storytellers

    With the acquittal of an Italian man of all but one misdemeanor charge in what prosecutors described as a worldwide “click fraud” scheme to defraud advertisers, former federal prosecutors and cybercrime experts say the landmark trial may be a turning point in how complex cybercrimes are delivered to juries.

  • August 9, 2017

    Supreme Court Pushed To Protect Cell Location Records

    A man convicted of six robberies is urging the U.S. Supreme Court to bar the federal government from obtaining historical cellphone location records without a warrant, arguing that this data collection tactic generates an "unprecedented surveillance time machine" that deserves heightened Fourth Amendment privacy protections.

  • August 9, 2017

    Italian Sentenced To 1 Year For Click Fraud Scheme

    An Italian man convicted of breaking into a computer to obtain information to fuel a global “click fraud” scheme to defraud advertisers was sentenced to a year in prison by a Brooklyn federal judge Wednesday.

  • August 9, 2017

    Kroll Gains New Asia-Pacific Cybersecurity Practice Head

    Kroll has added a former Stroz Friedberg LLC managing director who brings with him extensive knowledge of the cybersecurity challenges facing the Asia-Pacific region thanks to a background in law enforcement and experience in the corporate world, the company has announced.

  • August 9, 2017

    Nationwide Pays $5.5M To AGs Over Data Breach

    Thirty-three state attorneys general have reached a $5.5 million settlement with Nationwide Mutual Insurance Co. and its unit Allied Property & Casualty over a 2012 data breach in which highly sensitive information of more than 1 million people was stolen, Florida's attorney general announced on Wednesday.

  • August 9, 2017

    FBI Raided Manafort Home In Russia Probe

    FBI agents have raided a home owned by Paul Manafort, the former campaign chairman for President Donald Trump, a spokesman for Manafort confirmed on Wednesday amid reports that the search sought financial records in the probe into Russian election meddling.

  • August 9, 2017

    Express Scripts Dodges Suit Claiming It Stole Clients

    Express Scripts on Tuesday escaped a suit from six independent pharmacies accusing it of using patient data gained through its pharmacy benefit management business to steal clients, with a Missouri federal judge ruling a contract between the parties required the pharmacies to attempt mediation before filing a suit.

  • August 8, 2017

    Insurer Fights Coverage Of Columbia Sportswear Hacking Suit

    Hartford Fire Insurance Co. sued policyholder Denali Advanced Integration in Washington federal court Tuesday over coverage for an underlying suit with Columbia Sportswear Co. over alleged hacking by a former employee.

  • August 8, 2017

    Jim Carrey To Get Ex’s Medical Info In Kin’s Overdose Suits

    A California judge Tuesday backed Jim Carrey's bid to obtain medical records and police evidence related to his ex-girlfriend’s prescription-drug overdose death as part of his defense against wrongful death lawsuits filed by her family, saying they couldn’t assert privacy rights for the decedent.

  • August 8, 2017

    Citgo Agrees To Pay $8M To End Spam Text Suit

    Citgo has agreed to pay $8 million to end a Telephone Consumer Protection Act suit alleging the company sent more than 93,000 spam text messages about gas contests, according to a proposed settlement filed Tuesday in Florida federal court.

  • August 8, 2017

    Suspect In Massive JPM Hack Can't Shake SEC Fraud Charges

    A Manhattan federal judge on Tuesday refused to dismiss the U.S. Securities and Exchange Commission's fraud case against Ziv Orenstein, who along with two other suspects is accused of a massive hacking and stock fraud scheme that ensnared JPMorgan Chase & Co. and other financial institutions.

  • August 8, 2017

    Avis, Consumer Battle Over Class Cert. In Fee Row

    Avis and a consumer leading a New Jersey federal court suit accusing it of secretly charging car renters for an electronic toll-payment service have renewed their class-certification battle, with the customer saying the proposed class was affected by common issues and the company claiming its patrons had different experiences, according to Tuesday filings.

  • August 8, 2017

    Hospital Says 21st Century Ch. 11 Can't Shield Affiliate

    A cancer center in California urged a New York bankruptcy court Monday to block 21st Century Oncology Holdings Inc.'s Chapter 11 litigation stay, arguing that the move would extend protection to an affiliate that isn’t a debtor in the case.

  • August 8, 2017

    SEC Says Firms Have Room To Improve On Cybersecurity

    Broker-dealers, investment advisers and funds are getting better at creating and implementing cybersecurity policies, but many give their employees vague instructions and don't follow protocols to the letter, the U.S. Securities and Exchange Commission found in its latest survey of the finance industry's cybersecurity compliance.

  • August 8, 2017

    Viacom Sued By Parents Over Tracking In Smartphone Games

    Viacom was slapped with a proposed class action in California federal court Monday by parents who allege the company violates child privacy laws by secretly collecting kids’ personal information as they play mobile games and selling that data to advertising networks.

  • August 8, 2017

    Loss Of File 'Obscurity' Puts Privacy Onus On Courts, Attys

    With the “practical obscurity” of paper legal documents on the wane in the internet age, more judges are skipping the balancing act between privacy interests and public access and cloaking entire categories of case information, a North Carolina law professor argues in a paper published Monday.

  • August 8, 2017

    Privacy Group Asks FTC To Probe VPN Co.'s Data Collection

    An online privacy advocacy group urged the Federal Trade Commission on Monday to investigate the data security and sharing practices of a popular virtual private network provider, alleging that the service promises secure and anonymous internet access while actually sharing user data with third-party advertising networks.

  • August 7, 2017

    Wells Fargo Card-Processing Unit Accused Of Overbilling

    A pair of small businesses hit Wells Fargo Merchant Services with a putative class action in New York federal court on Friday alleging it misleads customers and charged excessive fees for its credit- and debit-card-processing services.

  • August 7, 2017

    Debt Collection Firm Seeks To Arbitrate Privacy Suit

    A debt collection law firm told a Wisconsin federal judge on Monday that a proposed class action accusing it of disclosing the credit scores of Discover Bank customers must be arbitrated, as the named plaintiff consented to arbitration when she used her Discover credit card.

Expert Analysis

  • Asserting Defamation Claims For Anonymous Online Reviews

    Joshua Fowkes

    In its recent opinion in ZL Technologies v. Does, a California appellate court emphasized that whether anonymous online speech can be subject to a defamation claim depends on the website’s structure and the challenged speech’s language and context, says Joshua Fowkes of Arent Fox LLP.

  • Regulatory Rules Of The Road For IoT Manufacturers

    Evan Wolff

    The regulators active in the internet-of-things space are signaling a continuing aggressiveness toward ensuring that IoT devices fall within the privacy and security regimes applicable to more traditional technologies, say attorneys with Crowell & Moring LLP.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • Sellers Beware Connecticut's Demands For Customer Data

    Stephen Kranz

    Last month, the Connecticut Department of Revenue Services issued demand letters to remote sellers requiring that they either provide electronic records for individual sales shipped into the state, or register to collect and remit Connecticut sales and use tax. Supplying such data violates the privacy and First Amendment rights of customers, say attorneys with McDermott Will & Emery LLP.

  • Avoiding The Rotten Compromise In Mass Litigation

    Ted Mayer

    Product liability litigation is often resolved through compromise. But not all compromises are equal. If a settlement achieves peace at unknown cost, does not resolve the most serious claims, or permits new claims to be filed for decades into the future, it is a rotten compromise and should be avoided, say Ted Mayer and Robb Patryk of Hughes Hubbard & Reed LLP.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • NY Cybersecurity Rules: Preparing For The August Deadline

    Theodore P. Augustinos

    On Aug. 28, many entities and individuals regulated by the New York Department of Financial Services, and even those subject to certain of the exemptions, will be required to be in compliance with several of the new cybersecurity regulation’s requirements, says Theodore Augustinos of Locke Lord LLP.

  • Jay Clayton's Enforcement Philosophy

    Lou Mejia

    Recent remarks made by U.S. Securities and Exchange Commission Chairman Jay Clayton suggest an enforcement approach that will consider factors beyond impact on the specific victims. Clayton’s remarks also signal that the SEC may proceed with caution on cybersecurity enforcement as it relates to public companies, says Lou Mejia, former SEC chief litigation counsel now with Perkins Coie LLP.

  • And Now A Word From The Panel: Who Wants To Be An MDL?

    rothman_alan_kayescholer.JPG

    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.