Cybersecurity & Privacy

  • 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.

  • September 12, 2017

    JPML Won't Rush On Requests To Send Equifax Suits To Ga.

    The U.S. Judicial Panel on Multidistrict Litigation declined Tuesday to expedite its consideration of efforts to consolidate in Georgia federal court the over 30 proposed class actions that have been filed against Equifax in the days since it disclosed a cyberattack that potentially impacted 143 million consumers’ personal information.

  • September 12, 2017

    DOT Unveils Voluntary Guidance For Self-Driving Cars Rollout

    The U.S. Department of Transportation on Tuesday unveiled a new federal policy that eases the process for manufacturing, testing and deploying self-driving or autonomous cars in the U.S., establishing guidelines prioritizing safety and discouraging states from drafting potentially conflicting self-driving car rules of their own.

  • September 12, 2017

    IRS Mishandled 1 In 7 FOIA Requests In 2016, Audit Shows

    Disclosure specialists at the Internal Revenue Service improperly withheld information for one in seven Freedom of Information Act requests in fiscal year 2016, an audit by the Treasury Inspector General for Tax Administration found.

  • September 12, 2017

    Waffle House Serves Up Plan To Combine Job-Screening Suits

    Waffle House Inc. and a paid search website for public record information told a Florida federal judge on Monday that two proposed class suits filed by job applicants over the restaurant chain’s allegedly secretive background checks should be consolidated, but they disagreed with the applicants over which action should take the lead.

  • September 12, 2017

    White House Pushes To Make Surveillance Law Permanent

    U.S. Attorney General Jeff Sessions and Director of National Intelligence Dan Coats have urged Congress to permanently reauthorize a statute allowing for the surveillance of foreign targets outside the United States, saying it provides for the collection of information that is critical to the intelligence community, the U.S. Department of Justice said on Monday.

  • September 12, 2017

    Equifax Faces Bipartisan Wrath Over Data Breach

    Lawmakers of both parties on Tuesday continued to hammer away at Equifax Inc. over the security breach that exposed the personal information of as many as 143 million consumers, blasting the company for putting consumers at risk and for its response to the hack.

  • September 11, 2017

    Yahoo Ruling Forces Employers To Review Monitoring Policies

    The European Court of Human Rights' recent finding that a Romanian company violated an employee's privacy by monitoring his private Yahoo Messenger chats sends a reminder to employers across the European Union that they need to have a good reason for surveillance of workers and that their employees need to know what's going on.

  • September 11, 2017

    Investors Could Find Litigation Success With Equifax Breach

    While investors have a pretty dismal track record at bringing shareholder class actions and derivative suits in the wake of data breaches, a confluence of factors at Equifax, including a sharp stock price drop and suspiciously timed trading, could make the credit monitoring company’s massive hack fodder for securities liability.

  • September 11, 2017

    AT&T, Telcos Launch Task Force For Mobile Authentication

    AT&T, Sprint, T-Mobile and Verizon announced on Friday that they are teaming up to create a way for mobile users to authenticate their identities in a manner that will reduce their vulnerability to fraud and identity theft.

  • September 11, 2017

    Facebook Fined €1.2M For Spanish Privacy Violations

    Spain’s data protection watchdog fined Facebook €1.2 million ($1.4 million) Monday for allegedly violating the country’s data protection laws by collecting users’ personal information for advertising purposes without their consent, the latest in a series of privacy actions European countries have taken against the social media giant.

  • September 11, 2017

    Jimmy Choo Wants 11th Circ. To Keep $2.5M Customer Deal

    Luxury shoemaker Jimmy Choo lashed out Friday at the Eleventh Circuit challenge to its $2.5 million class action settlement resolving allegations it printed sensitive customer data on credit card receipts, arguing the sole objector is undermining a legitimate deal that adequately notified potential class members.

  • September 11, 2017

    GAO Seeks Out Of Challenge To Unredacted Bid Protest

    The U.S. Government Accountability Office asked a Washington, D.C., federal court Friday to toss a challenge to its proposed release of an unredacted version of a bid protest decision involving a military maintenance deal, saying the court lacked jurisdiction over the dispute.

  • September 11, 2017

    9th Circ. Says Nurse Fired For Union Support, Not HIPAA

    The Ninth Circuit on Monday affirmed the National Labor Relations Board’s finding that a California hospital violated federal labor law when it fired a worker who copied patient medical records, saying he had done so — with permission from his superior — to defend a trumped-up disciplinary charge.

  • September 11, 2017

    Nutter’s Privacy, White Collar Groups Add Cybersecurity Pro

    Nutter McClennen & Fish LLP has tapped a data breach and cybercrime expert with a background in digital forensics investigations to join the leadership of its privacy and data security practice group and become a member of its white collar defense practice group, the law firm said.

  • September 11, 2017

    Litigation Risk Ebbs Even As Data Hacks Rise, Report Says

    Despite data hacks dominating the headlines and becoming a fact of everyday life, the risk companies face of being sued following a breach remains relatively low as consumers continue to face difficulties establishing an injury, a new report by Bryan Cave LLP says.

  • September 11, 2017

    Class Rep. Payouts Cut In $14M American Eagle TCPA Deal

    District Judge Valerie E. Caproni on Monday approved a $14.5 million Telephone Consumer Protection Act settlement between American Eagle Outfitters Inc. and a class of consumers alleging the retailer unlawfully texted them, but sharply cut proposed incentive rewards for four named plaintiffs.

  • September 11, 2017

    Squire Patton Boggs Adds Obama IT Chief As Adviser

    Squire Patton Boggs LLP on Monday announced the hiring of the Obama administration’s last governmentwide chief information officer of the United States, an industry veteran with decades of experience who will help advise the firm’s clients on data breaches and long-term planning.

Expert Analysis

  • 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.

  • Clarifying FCRA Stand-Alone Disclosure Rule At 7th Circ.

    Steven Pearlman

    The Seventh Circuit's recent decision in Groshek v. Time Warner Cable is a valuable win for employers, as it provides important guidance as to what does not constitute a concrete injury with respect to the Fair Credit Reporting Act stand-alone disclosure rule, say attorneys with Proskauer Rose LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Is The Hutchins Indictment Over Malware Unconstitutional?

    Alex Berengaut

    ​In a dramatic turn of events, the British security researcher who stopped the WannaCry malware attack has been indicted in the U.S. for creating and selling the Kronos malware. But it is an open question whether the indictment fails to allege a sufficient nexus between Marcus Hutchins and the U.S. for purposes of the Fifth Amendment, says Alex Berengaut of Covington & Burling LLP.

  • The Internet Of Things: A Tangled Web Of Evidentiary Issues

    George Gasper

    In recent months, news stories have highlighted the increasingly prominent role electronic devices like Fitbit, Amazon Echo and Google Home are playing in litigation and courtrooms across the country. As electronic devices drive the legal landscape's evolution, attorneys need to be well-versed in issues related to the internet of things and data privacy and security, say George Gasper and Stephanie Courter of Ice Miller LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.