Cybersecurity & Privacy

  • July 14, 2017

    UK Health Insurer Alerts FCA Over Large-Scale Data Breach

    Bupa Global has alerted the U.K. Financial Conduct Authority after a rogue employee copied and removed information relating to 547,000 customers, the international health insurance provider said on Friday.

  • July 13, 2017

    Barnes & Noble Customers Take Data Breach Case To 7th Circ.

    A putative class of Barnes & Noble customers who sued the book retailer over a data breach intends to appeal the dismissal of its case to the Seventh Circuit, according to a notice filed this week.

  • July 13, 2017

    House Rep's Atty Indicted For Stealing, Posting Nude Pics

    Former counsel for Rep. Stacey Plaskett, the Democratic delegate from the U.S. Virgin Islands, was indicted on Thursday on cyberstalking charges after being accused of leaking nude photos and videos stolen off of her iPhone, along with another staffer who allegedly lied to investigators following the alleged crime.

  • July 13, 2017

    Vendor Error Exposes 6M Verizon Customers' Data

    Verizon disclosed Wednesday that personal data belonging to 6 million customers was exposed when a third-party vendor mistakenly configured a setting in a private cloud storage area to allow external access to the information, but the company stressed that no outside sources had viewed or obtained the data. 

  • July 13, 2017

    Policy Doesn't Cover $11M Cyberattack, 11th Circ. Told

    Great American Insurance Co. told the Eleventh Circuit on Thursday that a lower court properly held that the company need not cover $11.4 million in fraud losses suffered by a prepaid debit card processor because its policy's computer fraud coverage was not triggered.

  • July 13, 2017

    Trump's Tweets Raise Doubts About Cybersecurity Approach

    A sequence of tweets this week in which President Donald Trump floated the idea of collaborating with Russia to form an "impenetrable cybersecurity unit," only to hastily disavow it amid a storm of criticism, builds on the administration's drive toward collaboration in a way that invites widespread questions over whether such an approach can withstand scrutiny.

  • July 13, 2017

    Class Wins Cert. In DirecTV Telemarketing Suit

    A Georgia federal judge on Wednesday certified a class action accusing DirecTV of making illegal telemarketing calls to names on the National Do Not Call Registry, saying the class has demonstrated common claims and standing to bring them.

  • July 13, 2017

    Blu Products Nears Deal With Phone Buyers In Spyware Suit

    Blu Products Inc. and a proposed class of consumers suing over a revelation that factory-installed spyware was sending certain Android phone users’ text messages and other personal information to servers in China asked a Florida federal judge Thursday to pause the case, saying it looks like a settlement is imminent.

  • July 13, 2017

    Kaspersky Cut From GSA Contracts Over Security Concern

    The government has removed products made by Russian security software maker Kaspersky Lab from several multiple-award federal contracts, citing concerns related to the security of federal systems and networks, as the company argued it had been wrongly dragged into a “geopolitical fight.”

  • July 13, 2017

    RNC Contractor Facing Voter Suit Says Data Was Public

    A data analytics company contracted by the Republican National Committee to gather voting data pushed back Wednesday against allegations it left voting information of 200 million Americans exposed, saying the so-called personal information a cyber risk expert gleaned from its system is public and already available to anyone who asked for it.

  • July 13, 2017

    FCC Fines Co. $2.8M For Powering Robocalls To Cellphones

    The Federal Communications Commission announced Thursday that it is levying a fine of more than $2.8 million against a New Mexico-based company for selling technology that enabled millions of unsolicited robocalls.

  • July 13, 2017

    Everyday Hacking Risk Too Vague For Driver's Suit, Fiat Says

    Fiat Chrysler urged an Illinois federal judge Wednesday to grant it a quick win and toss a local driver’s claims that its Jeeps are susceptible to hacking, arguing that it’s impossible to manufacture an inboard computer, let alone any computer device, completely free from what’s become a fact of everyday life.

  • July 13, 2017

    Industry Heaps Pressure On EU Over Complex Data Rules

    Europe’s financial and insurance industries urged the European Commission on Thursday to explain how it will enforce its looming data rulebook from May 2018, and demanded a much greater voice in preparations for the complex regulations.

  • July 12, 2017

    6th Circ. Affirms Class Cert. Denial In Junk Fax Row

    The Sixth Circuit on Tuesday upheld the denial of class certification in a Telephone Consumer Protection Act suit accusing a pharmaceutical distributor of sending out more than 40,000 junk faxes in 2010, ruling that questions about whether recipients had consented to or even received the fax couldn't easily be resolved on a classwide basis. 

  • July 12, 2017

    Trump Campaign, Stone Hit With Suit Over Dems' Leaked Info

    President Donald Trump is facing yet another query into his connections to Russia, according to a lawsuit filed in Washington, D.C., on Wednesday accusing adviser Roger Stone and the Trump campaign of aiding Russia in leaking private information of Democratic donors online.

  • July 12, 2017

    FINRA Fines State Street, Acorns $2M Over Record Keeping

    The Financial Industry Regulatory Authority has fined two companies a total of almost $2 million for allegedly failing to store customer records in a way that they could not be altered or destroyed.

  • July 12, 2017

    Justice Breyer On Changing His Mind And Sparring With Scalia

    Justice Stephen Breyer discusses the extent to which oral arguments can influence his thinking and recalls his many debates with the late Justice Antonin Scalia, in the second of two articles based on an exclusive interview.

  • July 12, 2017

    Army Falls Short On Health Record Protections: Watchdog

    Defense Health Agency and Army officials are not adequately protecting health records for patients at Army military facilities, the U.S. Department of Defense Office of Inspector General said in a recently released report.

  • July 12, 2017

    Cybersecurity Policy To Watch For The Rest Of 2017

    With action on cybersecurity at the federal level stalled and the enforcement path of regulators uncertain, attorneys will be keeping a close eye on policymakers at the state level and the European Union. Here, cybersecurity policy watchers forecast what will be the hottest topics in the U.S. and abroad for the rest of the year.

  • July 12, 2017

    IV's Reconsideration Bid In JPMorgan Patent Suit Backfires

    Intellectual Ventures’ bid for reconsideration of a May ruling tossing its claim that JPMorgan infringed its patent covering cybersecurity technology backfired this week when a New York federal judge reversed a part of the ruling that had kept alive claims that the bank’s software was “capable” of future infringement.

Expert Analysis

  • Rising Ransomware Threats And Their Insurance Solutions

    Robert Chesler

    Even if law firms acquire the most effective security software against rising threats like ransomware, no system is guaranteed to be secure and human error is always an issue. A tailored cyberpolicy is the most effective tool for addressing the financial, operational and reputational consequences of a ransomware attack, says Robert Chesler of Anderson Kill PC.

  • Experian Order May Open Door To Discovery Of Live Analysis

    Jason Wool

    A recent California federal court order in the Experian data breach litigation has been lauded as another confirmation of the applicability of work-product protection to reports written by forensic firms hired by outside counsel following a breach. However, the order includes some troubling language concerning the applicability of these privileges to live analysis performed by forensic firms, says Jason Wool of ZwillGen PLLC.

  • 1 Year Later: How Spokeo Has Been Implemented

    Hugh Scott

    In the year since Spokeo was decided by the U.S. Supreme Court, federal courts across the country have responded to its holding in a number of ways. Hugh Scott of Choate Hall & Stewart LLP explores the implications of each of these results.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • A Regulatory Bellwether: Forecasting Cyber Breach Litigation

    Michael Bahar

    While the prospects of cybersecurity litigation loom ever larger, there are tangible ways that may very well decrease the unease and mitigate the risk. Businesses can likely gain significant insight into the future standards courts will use by looking at what matters most to the regulators, say Michael Bahar, Alexander Sand and Trevor Satnick of Eversheds Sutherland LLP.

  • Use Caution Before Relying On New 2nd Circ. TCPA Decision

    Matthew Rosenkoff

    Naturally, one might read the Second Circuit's recent decision in Reyes v. Lincoln Automotive Financial Services to provide justification, in certain circumstances, for ignoring revocation requests under the Telephone Consumer Protection Act. However, the practical applicability of Reyes may, in fact, be minor, says Matthew Rosenkoff of Taylor English Duma LLP.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Should Florida Hospitals Halt Peer Review?

    Dominic MacKenzie

    Despite the seemingly endless controversy surrounding discovery of certain records associated with peer review activities, health care providers in Florida must remain mindful that their obligation to perform good-faith peer review remains staunchly in place, says Dominic MacKenzie of Holland & Knight LLP.

  • Next Steps In Cybersecurity Under President Trump

    Adam Golodner

    President Donald Trump's recent cybersecurity executive order triggers no less than 19 reports, covering a full range of topics affecting cybersecurity stakeholders. While it is not clear how the reports will be coordinated or rationalized, stakeholders would be wise to take the reports seriously, and to recognize that the clock has started in the race to influence them, say attorneys with Arnold & Porter Kaye Scholer LLP.