Cybersecurity & Privacy

  • April 12, 2018

    Facebook Drops Fight Against Calif. User Privacy Proposal

    Facebook is backing off its opposition to a proposed ballot initiative in California that would allow consumers to find out more information about and have more control over the way businesses collect, use, share and sell their personal data, supporters of the initiative said.

  • April 12, 2018

    Uber Dodges Fine In FTC Deal Over 2016 Breach Cover-Up

    The Federal Trade Commission said on Thursday that it had ended its probe into Uber's cover-up of a massive 2016 data breach by expanding an existing settlement and threatening to fine the company for future foul play, but without imposing a single cent in fines.

  • April 12, 2018

    2nd Circ. Revives Putative Class' Illegal Insurance Claims

    A Second Circuit panel on Thursday revived a putative class action against several insurance companies accused of offering illegal insurance, finding that a New York federal judge conflated the requirement for injury in fact with the underlying validity of the putative class’ argument.

  • April 12, 2018

    Security Co. Sees Biometric Privacy Suit Over Finger Scans

    A putative class of employees at an Illinois-based security company slapped their employer with a lawsuit in Illinois state court Wednesday, saying their personal information is being collected through a finger-scan time-keeping device and stored, in violation of state biometric privacy laws.

  • April 12, 2018

    Hackers Sold Saks Data On Dark Web, Shoppers Say

    Saks Inc. was hit with a proposed class action on Wednesday accusing the company of leaving customers’ credit and debit card information vulnerable to hackers who then sold it on the dark web, according to a suit in Tennessee federal court.

  • April 12, 2018

    FisherBroyles Snags Blockchain Pro From Sheppard Mullin

    FisherBroyles LLP has hired a former Sheppard Mullin Richter & Hampton LLP attorney in Los Angeles and Silicon Valley with experience handling bitcoin technology development agreements, venture capital financing and other cutting-edge technology as a partner and co-chair of its financial technology and blockchain practice group.

  • April 12, 2018

    Mulvaney Quizzed By Senators On CFPB Leadership, Data

    Consumer Financial Protection Bureau acting Director Mick Mulvaney told senators Thursday that if they don’t like the job he is doing as the nation’s top consumer financial watchdog, they must change the law to put him on more of a leash, as he fielded questions about the agency’s rulemaking, enforcement activity, data collection and more.

  • April 12, 2018

    Ballard Spahr Nabs Consumer Finance Atty From Stroock

    Ballard Spahr LLP announced this week the acquisition of a new attorney in its consumer financial services group from Stroock & Stroock & Lavan LLP, bolstering the firm’s Los Angeles office with the pickup of an experienced hand who has led trials for major financial services companies, including American Express.

  • April 12, 2018

    2 Attys, Waffle House Exec's Maid Cleared In Sex Tape Case

    Two lawyers and a housekeeper who secretly videotaped herself engaging in a sex act with Waffle House Inc. Chairman Joe Rogers Jr. were acquitted in a criminal trial in Georgia, with the jury finding that they were not guilty of unlawful surveillance.

  • April 12, 2018

    7th Circ. Tosses Banks' Suit Over Schnuck Data Breach

    The Seventh Circuit on Thursday declined to revive a putative class action against Schnuck Markets Inc. by a group of banks that issued debit and credit cards affected by the company’s 2012 data breach, saying the issue was a contractual and not a tort matter.

  • April 12, 2018

    Major League Unions Want In On Sports Betting Rodeo

    As a 25-year-old federal ban on sports gambling nears its possible demise in the U.S. Supreme Court, unions representing players in the four major professional sports leagues Thursday demanded an equal voice in the legalization conversation that has been dominated by the states, the leagues' governing organizations and the gambling industry.

  • April 12, 2018

    Irish High Court Pushes Outline For Probing Data Transfers

    Ireland's high court on Thursday specified how it wants Europe's top court to probe whether multinational companies such as Facebook can transfer Europeans' data outside the bloc, especially to the United States.

  • April 12, 2018

    Family Sues Apple Seeking Late Loved One's ICloud Info

    The family of a Boston doctor who died in 2016 sued Apple Inc. late Wednesday in Massachusetts federal court for access to her laptop, cellphone and iCloud account in the hopes that the information inside will lead to clues about her "suspicious" passing.

  • April 11, 2018

    11th Circ. Denies LabMD Full Review In Tiversa Fraud Row

    The Eleventh Circuit declined Tuesday to rethink its decision that a Pepper Hamilton LLP attorney had to “actually participate” in LabMD's computer hacking suit against Tiversa to be implicated in the lab's subsequent effort to reopen the failed litigation because the cybersecurity firm allegedly defrauded the court.

  • April 11, 2018

    DHS, VA Must Boost Cybersecurity Controls, Watchdogs Say

    The U.S. Departments of Homeland Security and Veterans Affairs are falling short in securing their information systems from cyberattacks, the agencies' inspectors general said in separate reports this week that identified several deficiencies related to training, access controls and intrusion monitoring.

  • April 11, 2018

    Queries Over Data 'Control' Lead Day 2 Of Zuckerberg Grilling

    Lawmakers questioning Facebook founder Mark Zuckerberg on Wednesday grappled with a key issue at the core of new European privacy rules becoming law in May — what it means for users to meaningfully be in control of their data.

  • April 11, 2018

    9th Circ. Says Calif. Tax Delinquency List Constitutional

    A California attorney failed in his quest to have the state’s policies of publishing a top 500 delinquent state taxpayer list and suspending those taxpayers’ driver’s licenses deemed unconstitutional after the Ninth Circuit on Wednesday ruled against his due process violation, equal protection and attainder claims.

  • April 11, 2018

    Senate May Take Up Bipartisan Bill To Protect Mueller

    The Senate Judiciary Committee may consider a bipartisan bill to protect Special Counsel Robert Mueller as early as next week, as senators on both sides of the aisle have expressed concern about the integrity of the probe into Russian interference in the 2016 election.

  • April 11, 2018

    Ban On Cos. Could Undercut Global Trade, Nokia Tells FCC

    Finnish telecom giant Nokia asked the Federal Communications Commission this week to steer clear of flat bans on network components from countries such as China and Russia, saying the agency must instead scrutinize individual companies and affirm the validity of global supply chains.

  • April 11, 2018

    7th Circ. Revives Barnes & Noble Security Breach Suit

    The Seventh Circuit on Wednesday revived a proposed class action alleging Barnes & Noble Inc. failed to secure customers’ financial data during a 2012 security breach, finding the customers sufficiently alleged economic damages in the form of security costs and lost time.

Expert Analysis

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • 6 Consumer Protection Enforcement Trends To Watch At FTC

    Howard Morse

    With new leadership poised to take the helm at the Federal Trade Commission, now is an opportune time to review the latest consumer protection trends and developments, say attorneys with Cooley LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • TCPA Insurance Claim Issues Continue To Evolve

    Cort Malone

    Because Telephone Consumer Protection Act claims inherently exist at the nexus between multiple lines of coverage, the landscape of TCPA insurance coverage law is complex. Recent questions include whether TCPA claims inherently arise from invasions of privacy and whether damages awarded are remedial or punitive, say Cort Malone and Nicholas Maxwell of Anderson Kill PC.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • A Closer Look At Long-Awaited DC Circ. Robocall Ruling

    Marc Martin

    While the D.C. Circuit's decision in ACA International v. Federal Communications Commission didn't define "autodialer," it clarified what it's not. How the FCC may further clarify the definition remains to be seen, but the ruling should provide guidance on Telephone Consumer Protection Act compliance, say attorneys with Perkins Coie.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • SEC, CFTC Display United Front On Cryptocurrency

    Laura Anthony

    In a recent Senate committee hearing on virtual currencies, both Jay Clayton and Christopher Giancarlo confirmed that the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission are working together to ensure effective oversight. However, regulation and oversight need to be fashioned in a way that properly addresses the new technology, says Laura Anthony of Legal & Compliance LLC.