Cybersecurity & Privacy

  • September 14, 2017

    FTC Opens Probe Into Equifax Data Breach

    The Federal Trade Commission on Thursday said that it was investigating the data breach at Equifax Inc. that left highly sensitive personal information for 143 million consumers vulnerable.

  • September 14, 2017

    Judge Keeps Iowa Co.’s CFAA Claim Against Ex-Staffer

    An Iowa federal judge on Wednesday said that there was enough evidence to keep intact an Iowa consulting firm’s Computer Fraud and Abuse Act claim in its lawsuit alleging that a former employee forwarded hundreds of work emails to a personal account and then set up a competing business.

  • September 14, 2017

    Feds Seek Secure Background Check System Within The Year

    The federal government wants to have in place a new system for processing background checks for low-level security clearance applications in the next year and full operability of the system across all clearance levels by September 2019.

  • September 14, 2017

    Bank Lobbyists Call For Software Spend Rule Change

    The top European banking lobby on Thursday called for regulations around software spending in finance to be loosened in line with U.S. laws to make the bloc more competitive.

  • September 14, 2017

    UK Data Protection Bill Enters Parliament With Exemptions

    The U.K. government announced on Thursday that its proposed new data protection law has been formally introduced to the House of Lords and contains tailored exemptions for the processing of data in a number of public interest areas, including the financial services sector.

  • September 13, 2017

    Dish Can't Secure TCPA Coverage, Insurer Tells 10th Circ.

    A Chubb Ltd. unit on Wednesday asked the Tenth Circuit to uphold a Colorado federal judge's decision that it doesn't have to cover Dish Network LLC's costs to defend litigation over alleged violations of the Telephone Consumer Protection Act and other statutes, arguing the underlying action sought only penalties that are uninsurable.

  • September 13, 2017

    New DOT Self-Driving Car Policy: Flexibility With No Teeth

    The Trump administration's federal policy aiming to accelerate the development of self-driving or autonomous cars establishes a safety-driven yet flexible protocol for carmakers and technology companies, but leaves it up to Congress and federal agencies to come up with rules for enforcement and punts on privacy and data-sharing concerns, experts say.

  • September 13, 2017

    8th Circ. Sets Standing Marker With Data Breach Rulings

    The Eighth Circuit recently added to the increasingly fractured standing landscape that has emerged post-Spokeo by issuing a pair of decisions in putative data breach class actions that attorneys say demonstrate the court’s skepticism toward harm that has yet to materialize and the challenges that plaintiffs are likely to face if they get past standing.

  • September 13, 2017

    Olivia De Havilland, 101, Gets Suit Against FX Fast-Tracked

    A California judge granted “Gone with the Wind” actress Olivia de Havilland, 101, an early trial in her right of publicity suit against FX Networks LLC over the use of her name and identity in the series “Feud: Bette and Joan,” saying her advanced age necessitated the “fast track.”

  • September 13, 2017

    Ex-IT Worker Gets 2.25 Years For Clinic Hack

    A 29-year-old Texas man was sentenced to 27 months in prison Wednesday for hacking into the servers of a medical clinic where he lost his information technology job and buying merchandise from Staples on the clinic's dime, according to the U.S. Department of Justice.

  • September 13, 2017

    9th Circ. Favors Detainees' Privacy In FOIA Fight

    The Ninth Circuit on Wednesday upheld a summary judgment order tossing a suit by the treasurer of the National Border Patrol Council seeking the names of 149 noncitizens who were released from detention pending a final removal determination, saying the privacy rights of the former detainees outweigh any public interest.

  • September 13, 2017

    Retailers Cite Equifax In Urging Uniform Data Breach Law

    The National Retail Federation and other industry trade groups, citing the recent data breach at credit reporting giant Equifax Inc., urged Congress on Wednesday to pass a uniform national law on data breach notification that would replace existing state laws and apply to all industries that handle consumer data.

  • September 13, 2017

    Security Worries Prompt Federal Halt On Kaspersky Software

    The U.S. Department of Homeland Security ordered federal agencies Wednesday to stop using Kaspersky Lab software and services amid concerns about possible security risks, citing links between Kaspersky officials and the Russian government.

  • September 13, 2017

    Advocates Sue Over Warrantless Phone Searches At Border

    The American Civil Liberties Union and the Electronic Frontier Foundation accused border patrol officers in Massachusetts federal court Wednesday of conducting warrantless searches of smartphones and laptops at U.S. ports of entry in violation of constitutional privacy and free speech rights.

  • September 13, 2017

    WilmerHale Snags Obama-Era CIA, Interior Dept. Officials

    The former seconds-in-command of the CIA and the U.S. Department of the Interior under President Barack Obama have joined WilmerHale as partners after having spent time managing anti-money laundering policy, the California drought and a $1.9 billion Native American land buyback program. 

  • September 13, 2017

    Home Depot Slams $18M Fee Request In Data Breach Deal

    Home Depot Inc. told a Georgia federal court Tuesday that attorneys who secured a $27.25 million settlement for banks and other financial institutions suing over the retailer’s 2014 data breach should not receive $18 million in fees calculated using "mathematical alchemy.”

  • September 13, 2017

    Pepsi Accused Of Skirting FCRA Rules With Credit Checks

    A PepsiCo Inc. subsidiary is violating the Fair Credit Reporting Act by failing to disclose to job applicants that it accesses their consumer reports, according to a proposed class action that was removed to California federal court this week.

  • September 13, 2017

    Trump’s Team To Be More Risk-Tolerant, Bank Regulator Says

    The acting head of a key U.S. banking regulator on Wednesday said that his agency was still working on a new special-purpose charter for financial technology firms, but added that under the Trump administration regulators would be more open to the risk-taking inherent to such firms.

  • September 12, 2017

    House Passes Tweaks To DHS Information Sharing Rules

    The House of Representatives passed a package of bills Tuesday that would pull out kinks in how the Department of Homeland Security handles information internally and shares it outside of the agency.

  • September 12, 2017

    Fla. Sheriff Sued Over Warrant Checks At Hurricane Shelters

    A Florida sheriff who announced that his officers would be running arrest warrant checks on people seeking entry to shelters as Hurricane Irma was bearing down on the state now faces a lawsuit claiming that those searches were unconstitutional.

Expert Analysis

  • NY Regulations Set The Bar High For Cybersecurity Standards

    Daniel Ilan

    New York’s cybersecurity regulations take effect on Aug. 28, marking a significant milestone in what is likely to be a new era in cybersecurity regulation on both a national and international level. The regulations are already playing a role in setting expectations for best practices across the financial services industry, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • What's Changed Under Delaware's New Data Breach Law

    William Denny

    For the first time in 12 years, Delaware has updated its data breach disclosure law, joining a small but growing number of states that impose data security requirements on persons conducting business in the state and owning, licensing or maintaining personal information of residents, says William Denny of Potter Anderson & Corroon LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • Uber Finds Out Just How Serious FTC Is About Privacy

    Sheila Millar

    Uber recently joined the growing number of companies that have agreed to Federal Trade Commission consent orders obligating stringent auditing and reporting requirements. In previous cases, the FTC has imposed such requirements for shorter periods, but where it has found privacy breaches to be particularly egregious, it hasn't been shy about imposing detailed and extensive conditions, says Sheila Millar of Keller and Heckman LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Legal Considerations After SEC's Warning Shot At ICOs

    Robert Crea

    In the midst of market excitement surrounding initial coin offerings, the U.S. Securities and Exchange Commission recently issued an investigative report warning that digital tokens may be securities. When a token is a security, a variety of legal considerations come into play, including the Investment Advisers Act, anti-money laundering and taxation, say attorneys with K&L Gates LLP.

  • Protecting The Privacy Of Privileged Internal Investigations

    Donna Fisher

    Despite the fact-dependent nature of privilege, complicated by the diversity of approaches across jurisdictions, corporations can take effective measures to best protect confidential attorney-client communications and attorney work product relating to internal investigations, say attorneys with Pepper Hamilton LLP.