Cybersecurity & Privacy

  • November 6, 2017

    Manafort Stays Under House Arrest As Judge Mulls Bond Deal

    Former Trump campaign manager Paul Manafort and his former business partner Richard Gates III will remain under house arrest for at least a couple more days as they work toward a deal with the government that would potentially free them from GPS monitoring and allow them to travel domestically, a D.C. federal judge said Monday.

  • November 6, 2017

    Mass. Panel Reverses Boston Globe's Win On Police Data

    A Massachusetts appeals court on Friday reversed an order requiring the Department of State Police to hand over state troopers’ birthdates to the Boston Globe, saying the department should be allowed to present its case in light of a recent state high court ruling addressing a public safety exemption to public records law.

  • November 6, 2017

    Sodexo Settles Suit Over Undisclosed Background Checks

    Food services and facilities management company Sodexo Inc. has settled a suit with a job applicant who filed a proposed class action alleging that it violated the Fair Credit Reporting Act by failing to disclose its use of consumer reports.

  • November 6, 2017

    EU's 'Dirty Money' Fight Under Fire After Tax Papers Leak

    A massive leak of data from an offshore law firm has exposed how little Europe has achieved in its fight against money laundering and corruption, campaigners said Monday after a trove of 13.4 million records was released.

  • November 3, 2017

    Tezos Didn't Register Cryptocurrency With SEC, Suit Says

    A proposed class action has been filed in California state court against organizers of the Tezos blockchain network, accusing them of advertising the cryptocurrency they sold at an initial coin offering as securities despite not having registered with the Securities and Exchange Commission.

  • November 3, 2017

    Time-Share Co. Hit With TCPA Suit Over Unsolicited Calls

    A proposed class of consumers filed suit Thursday in California federal court against a vacation time-share company, alleging the company made unsolicited robocalls to consumers' cellphones by using an autodialer in violation of the Telephone Consumer Protection Act.

  • November 3, 2017

    Mass. Police Look To Exit Background Check Racial Bias Suit

    The Massachusetts State Police urged a federal court on Thursday to nix an African-American man’s claims that it acted with racial bias when it passed over his application to become a trainee based on a conclusion by one of its state troopers that he was untruthful during a background investigation.

  • November 3, 2017

    Google Escapes Canada High Court Order To Delist Results

    A California federal court on Friday blocked an order from Canada’s highest court that would have forced Google to delist worldwide search results for a company accused of selling products containing stolen trade secrets.

  • November 3, 2017

    Janssen, Marketing Co. Can't Escape TCPA Suit After Spokeo

    Janssen Pharmaceuticals Inc. and a health care marketing company must face a proposed Telephone Consumer Protection Act class action over unwanted faxes, an Illinois federal judge ruled Thursday, finding that receiving an unwanted fax is enough to have standing under the U.S. Supreme Court’s Spokeo ruling.

  • November 3, 2017

    Spying, Encryption Fights Inch Closer To Breaking Points

    The terrorist attack in New York City this week is likely to hasten the push for resolutions of long-simmering debates over foreign intelligence activities and warrant-proof encryption, although attorneys say finding middle ground between national security interests and privacy concerns is the only way to achieve a solution that has staying power.

  • November 3, 2017

    Equifax Says No Insider Trading Before Data Breach Revealed

    Equifax Inc. on Friday said that four senior executives, including its chief financial officer, who traded in company stock prior to the revelation of a data breach that left 145 million consumers’ personal information exposed had no knowledge of the problem when they executed the trades.

  • November 3, 2017

    FBI Agent's Ex-Wife Says 1st Circ. Quick To Halt Privacy Row

    An FBI agent’s ex-wife, who says the government negligently allowed her ex-husband to spy on her with the bureau’s surveillance tools, asked the First Circuit on Thursday to rethink its decision to quash her suit, claiming she was wrongly denied a chance to discover specific FBI rules the feds had allegedly broken.

  • November 3, 2017

    Health Hires: Jackson Lewis, EBG, Spencer Fane, AMRI

    Over the last few weeks, the health care and life sciences teams at Jackson Lewis PC, Epstein Becker Green and Spencer Fane have grown, particularly with privacy and data security experts, and AMRI, a contract research and manufacturing organization, has nabbed one of Mylan's former attorneys as general counsel.

  • November 3, 2017

    Feds Say Debt Collector's TCPA Constitutional Fight Fails

    The federal government stepped into a robocalling suit Thursday to tell a Florida federal judge that Bright House Networks LLC can’t escape allegations that it violated telemarketing laws by challenging the constitutionality of the Telephone Consumer Protection Act, contending that no court has ever agreed to such arguments.

  • November 2, 2017

    Google Calls Order To Remove Search Results ‘Dangerous’

    Google urged a California federal judge Thursday to block enforcement of a Canadian order requiring it to scrub its worldwide search results of links associated with a company that allegedly sold stolen network technology, saying to do otherwise would set a “dangerous precedent.”

  • November 2, 2017

    Uber’s New CEO, GC Mean ‘New Landscape’ For Breach Talks

    A California federal judge urged Uber and a putative class of drivers to take another stab at settling allegations over a 2014 data breach, noting that the recent hire of CEO Dara Khosrowshahi and general counsel Tony West means “it’s a new landscape for Uber.”

  • November 2, 2017

    Murky Connected-Car Regime Won’t Halt Auto Tech Push

    A proposal requiring all new cars be able to “talk” to each other to avoid crashes may be shelved for now, but experts say automakers will continue to develop “V2V” technology with the expectation that the Trump administration will eventually advance a more flexible set of standards.

  • November 2, 2017

    Bankrupt Cancer Center Fights Patient Data Breach Claims

    Bankrupt cancer treatment center operator 21st Century Oncology asked a New York bankruptcy court Wednesday to reject a proposal to lift the Chapter 11 stay for the claims of a putative class of patients arguing that a data breach exposed their personal information, saying it would waste time with duplicate litigation.

  • November 2, 2017

    Ex-Akin Gump Atty To Plead Guilty In FCA Suit-Selling Case

    The former litigation partner at Akin Gump Strauss Hauer & Feld LLP who was arrested while allegedly trying to sell a sealed False Claims Act complaint to the cybersecurity company it was filed against plans to plead guilty later this month, his attorney confirmed Thursday.

  • November 2, 2017

    Payment Processing Co. Inks $9M Deal To End TCPA Suit

    Pivotal Payments Inc. has agreed to pay $9 million to resolve a putative class action alleging the account services and payment processing company violated the Telephone Consumer Protection Act by auto-dialing cellphones without receiving consent, according to court documents filed in California federal court Wednesday.

Expert Analysis

  • Think Before Making Bitcoin Part Of Incident Response Plan

    Tracy Lechner

    Amid increasing ransomware attacks, businesses and their outside law firms are considering whether it would be prudent to establish and stock a bitcoin wallet as part of their incident response plan. This approach, however, may expose companies to more liability than the benefits can justify, say Tracy Lechner and Esteban Morin of Brownstein Hyatt Farber Schreck LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • The New Wave Of Employee Biometrics Class Actions

    Steven Pearlman

    At least 26 employment class actions alleging violations of the Illinois Biometric Information Privacy Act have been filed in Illinois state court from July to October 2017. Attorneys with Proskauer Rose LLP discuss employers’ obligations under BIPA, the substantial damages the statute enables employees to recover on a classwide basis, and potential defenses that employer-defendants are likely developing.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • The End May Be Nigh For FACTA Claims

    John Papianou

    Until last month, the Eleventh Circuit appeared to be the last place for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to truncate credit card numbers under the Fair and Accurate Credit Transactions Act. However, the dismissal of Gesten v. Burger King indicates a shift away from the generous reading of Spokeo that Eleventh Circuit plaintiffs have enjoyed, say John Papianou and Erin Novak of M... (continued)

  • Tips For Handling Workplace Substance Abuse Under ADA

    Robert Usinger

    Given the amount of public debate on the opioid crisis, it is inevitable to foresee a rise in workplace disputes involving drug and alcohol abuse. In light of these developments, attorney Robert Usinger, and Barry Temkin of Mound Cotton Wollan & Greengrass LLP review the law regarding substance abuse in the workplace under the Americans with Disabilities Act.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Cybersecurity Due Diligence In M&A: 8 Questions To Ask

    Thomas Smedinghoff

    Many acquirers pay little or no attention to the cybersecurity preparedness of the target company. But the target company’s cybersecurity status can have a major impact on the company’s present value as well as on the potential future liabilities that the acquirer may be assuming, say Thomas Smedinghoff and Enrique Santiago of Locke Lord LLP.