Cybersecurity & Privacy

  • 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.

  • January 9, 2018

    Ace Looks To Nix Coverage For $8M Grubhub Ad Texting Deal

    Ace American Insurance Co. asked a New York federal court Monday to toss a suit that seeks to force the insurer to foot the bill for an $8 million settlement between Grubhub and a proposed class of consumers suing over mass texts, saying two exclusions apply to bar coverage.

  • January 8, 2018

    DHS, DOC Release Draft Report on Cybersecurity Threats

    The government should implement new rules to encourage companies to build products that are secure, and companies should adopt new labeling practices in an effort to combat cyberattacks, the U.S. Department of Commerce and Department of Homeland Security said in a draft report to President Donald Trump Monday.

  • January 8, 2018

    Finjan Says Symantec Unit Owes $30M In IP Trial Rematch

    Months after a California federal jury ordered Symantec unit Blue Coat Systems to pay Finjan Inc. $490,000 for infringing two cybersecurity patents, Finjan greeted eight new jurors Monday and asked for $30 million for two other patents on which the prior jury hung.

  • January 8, 2018

    Milberg Joins Sanders Phillips Grossman To Form New Firm

    Leading class action law firm Milberg LLP said Monday it has entered a new partnership with Sanders Phillips Grossman LLC, a plaintiffs firm focusing on mass tort and personal injury cases, to form Milberg Tadler Phillips Grossman LLP.

  • January 8, 2018

    VTech To Settle FTC Children's Privacy Claims For $650K

    Children’s toymaker VTech Electronics Ltd. agreed to pay $650,000 Monday to settle charges brought by the Federal Trade Commission stemming from a 2015 data breach in which the personal information of children, including pictures and home addresses, were made vulnerable to a hacker.

  • January 8, 2018

    HIPAA Fee Policy 'Threatens To Upend' Records Industry: Suit

    Federal regulators saddled health care providers with hundreds of millions of dollars in extra costs by dramatically limiting fees for patient records produced under the Health Insurance Portability and Accountability Act, according to a lawsuit filed Monday in D.C. federal court.

  • January 8, 2018

    '5 Bite Diet' Doc's Privacy Suit Won't Get High Court Look

    The U.S. Supreme Court on Monday declined to review a California Supreme Court decision that said “serious intrusions” into patient privacy were justified during an investigation of a physician who promotes a “five bite diet” for weight loss.

  • January 8, 2018

    Fusion GPS Seeks Judge's Recusal In Dossier Subpoena Case

    A newly minted D.C. federal judge on Monday invited briefs on questions raised about his judicial impartiality after intelligence firm Fusion GPS, creator of the infamous “Trump dossier,” said recusal from a related defamation case could be appropriate because the judge once volunteered on President-elect Donald Trump's transition team.

  • January 8, 2018

    3rd Circ. Urged To Revive Improper Pa. Email Search Claim

    The Third Circuit was urged during oral arguments in Philadelphia on Monday to upend a decision throwing out a lawsuit that accused a pair of state investigators of illegally obtaining a Penn State University employee’s work emails as part of an investigation into her husband’s trucking company.

  • January 8, 2018

    Pentagon Shuffles Staff Of Cloud Tech Acquisition Group

    The Pentagon has shaken up the roster of a steering group tasked with overseeing the acquisition of cloud computing services for the military, ousting the Defense Department’s top tech procurement official from her leadership role and adding new members.

  • January 8, 2018

    Calif. Med Board OK'd To Use Arrest Record For Discipline

    A California appellate court ruled Monday that the state medical board could use evidence from an arrest report to justify censuring a doctor accused of cocaine possession, ruling that state law provided a “blanket exception” to the usual safe harbor for people who completed drug diversion programs when the person in question was a doctor.

  • January 8, 2018

    Judge Backs Pharmacy's Claim In TCPA Suit Against Supplier

    A federal judge on Friday allowed an Illinois convenience store and pharmacy's conversion claim against a medical supply company to stand in its proposed class action alleging that the medical supply company faxed it unsolicited advertisements, finding that it doesn’t duplicate another Telephone Consumer Protection Act claim.

  • January 8, 2018

    Surveillance Court Wants ACLU Standing Reviewed

    The Foreign Intelligence Surveillance Court has asked a review panel to rule on whether it is legally allowed to consider the merits of the American Civil Liberties Union’s request to fully unredact several declassified court opinions, after its judges recently split on the issue.

  • January 8, 2018

    49ers Must Hand Fans Info On Potential Class For ADA Suit

    A California federal judge on Friday said she would allow disabled fans suing the San Francisco 49ers and the city of Santa Clara to reach out to potential class members who purchased accessible seats at Levi’s Stadium, saying anyone concerned about their privacy may opt to not have their identities disclosed.

  • January 8, 2018

    Law Firm Sues BofA After Funds Wired To Hacker's Account

    A law firm has hit Bank of America NA with a lawsuit in New Jersey state court over claims that an email system hacker posed as a firm partner and tricked a firm employee into wiring $69,000 to a bank account that had been set up using a false identity.

  • January 5, 2018

    Spokeo Dooms Burger King Receipt Row, Fla. Judge Says

    A Florida federal judge on Friday axed a putative class action accusing Burger King Corp. of printing too many card digits on receipts, ruling that the plaintiff had failed to allege the type of concrete injury necessary to establish standing under the U.S. Supreme Court's Spokeo decision.

  • January 5, 2018

    CBP Unveils New Rules For Device Searches At Borders

    U.S. Customs and Border Protection announced an updated policy Friday for searching electronic devices at U.S. borders, tightening restrictions somewhat on when an agent may conduct an "advanced" search.

Expert Analysis

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • New Obstacles For VPPA Plaintiffs At 9th Circ.

    Joshua Jessen

    Although the lure of hefty statutory damages under the Video Privacy Protection Act means that VPPA litigation will almost certainly continue, the Ninth Circuit's recent decision in Eichenberger v. ESPN is another setback for plaintiffs attempting to map this pre-internet law onto modern platforms that serve video content, say attorneys with Gibson Dunn & Crutcher LLP.

  • Biometrics In The Workplace: Best Practices For Compliance

    Thomas Mandler

    Biometric technology may provide higher security and greater efficiencies for employers, but with new technology comes new risks and a patchwork of new legal frameworks to be followed, say attorneys with Akerman LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • The Future Of Bitcoin Futures

    Colin Lloyd

    Trading in bitcoin futures opened this week on the CBOE Futures Exchange, with offerings from the Chicago Mercantile Exchange and the Cantor Exchange to soon follow. In designing their contracts, the exchanges had to make decisions about contract size, tenor, and trading and settlement conventions, with some notable consequences, say Colin Lloyd and James Michael Blakemore of Cleary Gottlieb Steen & Hamilton LLP.

  • A GDPR Primer For US-Based Cos. Handling EU Data: Part 2

    Caroline Krass

    In the final part of this series about the General Data Protection Regulation, attorneys at Gibson Dunn & Crutcher LLP explain the stringent restrictions placed on cross-border data transfers to countries outside of the European Union, various compliance mechanisms and penalties, and potential deviations in implementation among EU member states.

  • International ICOs May Not Be Safe From The SEC

    John Reed Stark.jpeg

    Simply originating an initial coin offering in a foreign jurisdiction may not be sufficient to avoid the long and global reach of the U.S. securities laws — and the current ICO dragnet of the U.S. Securities and Exchange Commission’s new cyber unit, says John Reed Stark, president of John Reed Stark Consulting LLC.

  • A GDPR Primer For US-Based Cos. Handling EU Data: Part 1

    Caroline Krass

    While many U.S. companies have already begun work on complying with the General Data Protection Regulation, it has such a long reach that it may encompass many organizations that would not ordinarily expect to be subject to European data privacy laws, say attorneys at Gibson Dunn & Crutcher LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.