Cybersecurity & Privacy

  • May 14, 2018

    Chili's Grill & Bar Restaurant Chain Hit With Data Breach

    Chili’s Grill & Bar said hackers have compromised credit and debit card information of customers who visited some of the casual restaurant chain’s eateries in March and April, saying it is working with independent experts to investigate the data breach.

  • May 14, 2018

    Justices Back Unlisted Driver Over Search Of Rental Car

    The U.S. Supreme Court on Monday reversed a lower court's ruling that a man driving his fiancée's rental car did not have a reasonable expectation of privacy because he was not on the rental agreement, resolving a circuit split and lending hope to his appeal of a 10-year prison sentence on drug charges.

  • May 14, 2018

    Ex-SEC Senior Counsel Joins MoFo In New York

    After more than a decade at the U.S. Securities and Exchange Commission, the agency's former senior trial counsel has decamped for Morrison & Foerster LLP to seek out fresh challenges and take on new clients.

  • May 11, 2018

    Facebook TCPA Row Ax Set 'Unrealistic' Bar, 9th Circ. Told

    The Ninth Circuit is being urged to revive a putative class action accusing Facebook of violating the Telephone Consumer Protection Act by bombarding consumers with unwanted security notification text messages, with the lead plaintiff arguing that the lower court created "an unrealistic pleading standard for TCPA plaintiffs" by refusing to find that an autodialer was used.

  • May 11, 2018

    Gov't Workers Bid To Renew Data Breach Suit At DC Circ.

    Two federal employee unions have urged the D.C. Circuit to revive multidistrict litigation brought against the U.S. Office of Personnel Management and contractor KeyPoint Government Solutions stemming from a headline-grabbing data breach, saying the case should “unquestionably” go forward despite a ruling the breach was not enough to establish standing.

  • May 11, 2018

    Symantec Wins Arbitration Bid In User’s Auto-Renew Suit

    A California judge ruled Friday that a Symantec customer must individually arbitrate putative class allegations that the company auto-renews cybersecurity services without proper authorization.

  • May 11, 2018

    Former CIA Contractor Cops To Taking Classified Info

    A former Central Intelligence Agency contractor pled guilty Friday in Virginia federal court to unlawfully obtaining classified material from his former workplace and lying about it to federal investigators, the U.S. Department of Justice announced.

  • May 11, 2018

    Pa. Woman Drops TCPA Class Suit Over Alleged Robocalls

    A Pennsylvania woman has agreed to drop a putative class action accusing loan servicer Seterus Inc. of violating the Telephone Consumer Protection Act by autodialing the cellphones of individuals who had no existing debt themselves, but who had friends or relatives with existing debt.

  • May 11, 2018

    Amazon Device Draws Concerns From Lawmakers, Groups

    A Massachusetts senator and Texas representative wrote to Amazon with questions about privacy issues surrounding its new Echo Dot Kids Edition on Friday, the same day advocacy groups released a statement urging parents not to buy the voice-activated digital assistant device.

  • May 11, 2018

    Carriers Let Securus Have Customer Location Data, FCC Told

    Sen. Ron Wyden, D-Ore., has asked FCC Chairman Ajit Pai to investigate “abusive and potentially unlawful practices” of major wireless carriers that he said sell customer location data to at least one company that lets law enforcement agencies access it through a web portal, his office announced Friday.

  • May 11, 2018

    SEC Faces Calls To Push Back Harder On Audit Trail Delays

    Eight years have passed since the May 6, 2010, flash crash and calls are growing for the U.S. Securities and Exchange Commission to forcefully address delays to a powerful, long-awaited market surveillance tool called the consolidated audit trail designed to prevent a repeat.

  • May 11, 2018

    7th Circ. Won't Review Barnes & Noble Hacking Suit Revival

    The Seventh Circuit refused Barnes & Noble Inc.'s bid for an en banc review of its decision to revive a putative class action by customers who argue the bookstore retailer failed to adequately secure their data in a 2012 security breach.

  • May 11, 2018

    5 Common Myths About EU's New Data Protection Regime

    The sweeping General Data Protection Regulation set to take effect in the European Union in just two weeks promises to revolutionize how companies around the globe handle personal data while imposing stiff penalties on those that don't comply. But attorneys say that although companies have had two years to get up to speed, several troubling myths still persist.

  • May 11, 2018

    Texas Law Firm's Privacy Invasion Win Against Atty Reversed

    A Texas appellate court has held that state law doesn't recognize that corporations have a right to privacy, and reversed a jury's verdict in favor of a Houston law firm that argued an attorney invaded its privacy by using the firm name without permission.

  • May 11, 2018

    Health Hires: Katten, Seyfarth, Holland, Dechert, K&L Gates

    Katten Muchin Rosenman LLP, Garfunkel Wild PC, Seyfarth Shaw LLP, Holland & Knight LLP, Dechert LLP, K&L Gates LLP and Polsinelli PC are among the latest firms to have grown their health and life sciences abilities.

  • May 11, 2018

    'Hack Your State Department' Bill Clears House Panel

    The House Foreign Affairs Committee has approved a bipartisan bill that aims to strengthen cybersecurity efforts at the U.S. State Department by getting hackers to point out vulnerabilities in the department’s public networks and data systems.

  • May 10, 2018

    Gov't Can't Toss Suit Over Phone Searches At Border

    The government can't shake a suit over U.S. border patrol agents searching travelers' electronic devices without a warrant after a Massachusetts federal court ruled the travelers challenging the policy have plausible claims that their rights to privacy and free speech were curtailed.

  • May 10, 2018

    Insurer Need Not Cover $11M Lost After Hack, 11th Circ. Says

    The Eleventh Circuit on Thursday found that a Great American Insurance Co. policy against computer fraud does not cover $11.4 million in fraudulent debit card redemptions, finding that while computer fraud occurred, the policyholder's loss was too many steps removed from the fraud for coverage.

  • May 10, 2018

    Consumer Shifts Robocall Suit From AT&T To Its Units, Vendor

    A consumer pursuing a proposed class action accusing AT&T of making illegal robocalls filed an amended complaint Thursday in Illinois federal court, shifting the suit to the telecom giant’s subsidiaries and a third-party vendor.

  • May 10, 2018

    Ex-Drivers' 3rd Try In Uber Data Hack Suit Dispatched

    A California federal judge on Thursday tossed for good a proposed class action alleging Uber lied about a 2014 data breach that compromised drivers’ personal information, saying that after three attempts, the plaintiffs still couldn’t show any immediate, credible risk of fraud or identity theft from the hack.

Expert Analysis

  • How Blockchains May Comply With GDPR Mandates: Part 1

    Kennedy Luvai

    The treatment of hashed or encrypted data on a blockchain as pseudonymous data, subject to the EU General Data Protection Regulation, has far-reaching implications for privacy rights, including the right to erasure, says Kennedy Luvai of Parsons Behle & Latimer PLC.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • The Rapidly Evolving Medicare Telehealth Landscape

    Miranda Franco

    One of the biggest drivers of change in the telehealth industry is the Creating High-Quality Results and Outcomes Necessary to Improve Chronic Care Act, which was part of the recently passed Bipartisan Budget Act. The improvements included in the legislation are just the latest efforts signed into law to modernize telehealth nationwide, says Miranda Franco of Holland & Knight LLP.

  • Without More Funding IRS Reform Bills May Not Change IRS

    Robert Kovacev

    Several bills intended to improve things at the IRS recently passed the U.S. House of Representatives. Attorneys Robert Kovacev and Carina Federico of Steptoe & Johnson LLP look at how the legislation would address three major issues and consider whether a legislative overhaul can be implemented without adequate funding.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • 9th Circ. Assesses Insurance For Social Engineering Scams

    Robert MacAneney

    This month, the Ninth Circuit affirmed in Aqua Star v. Travelers that insurance coverage for business email compromise schemes was precluded by an exclusion. Companies should inquire specifically about coverage for such schemes, and insurers should consider establishing sublimits to provide clarity to insureds, say J. Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Revamping Contracts For GDPR: How To Get Organized

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    There are clear trends that any company working to bring service contracts in line with the EU General Data Protection Regulation should keep in mind. Many of these are typical for this type of large-scale remediation, but there are considerations specific to the GDPR effort of which companies, particularly controllers, should be aware, says Ed Livingston of Axiom Law.

  • Courts Must Soon Tackle Critical Questions About ICOs

    Michael Canty

    A number of class actions have been filed against initial coin offering founders for securities fraud, which means courts will soon begin to grapple with applying the federal securities laws to a new and potentially groundbreaking fundraising mechanism, say Michael Canty and Ross Kamhi of Labaton Sucharow LLP.

  • AI Creates Legal Challenges For The Fashion Industry

    William Forni

    Artificial intelligence is playing a growing role in the product development, marketing and sales strategies of fashion designers and retailers. This revolution brings uncertainty in the areas of trade secret protection, traditional intellectual property rights and privacy law, say William Forni of Calvin Klein, and Ben Quarmby and Daniel Michaeli of MoloLamken LLP.

  • Medical Device Cybersecurity: Preparing For The Worst

    Sonali Gunawardhana

    Connected medical technology improves the lives of patients, but serious concerns can arise when hackers exploit security holes in these devices. Attorneys should advise their medical device manufacturer clients to develop and test detailed recall plans, and find better ways to reach consumers when a recall happens, say Sonali Gunawardhana of Shook Hardy & Bacon LLP and Chris Harvey of Stericycle Expert Solutions.