Cybersecurity & Privacy

  • 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.

  • July 12, 2017

    Twilio Beats TCPA Suit Over Unwanted Texts

    A Washington federal judge on Wednesday tossed a lawsuit accusing Twilio Inc. of violating the Telephone Consumer Protection Act by texting a consumer without consent, saying that a mobile message isn’t telemarketing if it completes a transaction.

  • July 12, 2017

    3rd Circ. TCPA Ruling Saps Spokeo Defenses In Class Actions

    A recent Third Circuit ruling allowing a woman to bring a suit under the Telephone Consumer Protection Act over a single pre-recorded message left on her voicemail shows that defendants cannot count on the U.S. Supreme Court's pivotal Spokeo decision to end consumer protection class actions, experts say.

  • July 12, 2017

    Acura Owner Slams Bid To Halt Honda Autodialing Suit

    An Acura owner accusing American Honda Motor Co. of violating the Telephone Consumer Protection Act by making unsolicited calls urged a California federal judge Tuesday not to halt the litigation pending a D.C. Circuit’s decision regarding the scope of the act.

  • July 12, 2017

    FBI Chief Pick Pledges Independence At Senate Panel

    President Donald Trump's pick to lead the FBI pledged independence from the administration before a Senate panel Wednesday, as well as made a promise to support former FBI Director Robert Mueller as special counsel.

  • July 12, 2017

    NJ Doc Can't Escape Suit Over Unwanted HIV Disclosure

    A New Jersey appeals court on Wednesday kept alive a suit accusing a doctor of disclosing a patient’s HIV-positive status to another person without consent, affirming a trial court’s finding there’s a two-year statute of limitations on the claims.

  • July 12, 2017

    LLCs Can't Sue IRS For Flouting Privacy Rights: Mich. Judge

    Limited liability companies cannot sue the government for violations of the Right to Financial Privacy Act, a Michigan federal judge ruled Tuesday in a case involving “John Doe” summonses that the IRS served on JP Morgan Chase Bank for the financial records of three separate accounts.

  • July 12, 2017

    Tech Cos. Score High On Consumer Privacy, Telecoms Lag

    A number of consumer-facing technology companies like Dropbox and Lyft received high marks from the Electronic Frontier Foundation in an annual assessment of how well they protect user privacy, while telecommunications giants like Verizon and Comcast were found to be lacking, according to the watchdog’s findings. 

  • July 11, 2017

    Trump Jr. Only Draws More Scrutiny With Email Tweets

    Donald Trump Jr. may have thought he had little to lose Tuesday by tweeting a chain of emails concerning his meeting with a Russian lawyer who promised dirt on Hillary Clinton, but his attempt at transparency will likely just invite more questions about what he knew of suspected Kremlin interference with the U.S. presidential election, attorneys say.

  • July 11, 2017

    Facebook Eyes Privacy Deal Amid Worry Class Gets Nothing

    Facebook has asked a California federal judge to finalize a settlement resolving claims over how it collects data on private messages, saying that in spite of class member objections to the deal, a payment to the class is out of the question.

  • July 11, 2017

    Justice Breyer On The Limits Of Presidential Power

    Justice Stephen Breyer discusses the Supreme Court’s role as a check on executive authority and the global influence on U.S. courts, in the first of two articles based on an exclusive interview with the justice. This is part of a series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 11, 2017

    White House IT Director Roped Into Voter Privacy Row

    Privacy advocates on Tuesday sought to expand their lawsuit in the District of Columbia federal court against the president’s voter fraud panel to include the White House’s tech director, saying the government can’t duck claims the plan is an unsafe intrusion by simply changing transmission systems.

Expert Analysis

  • 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.

  • Recap

    What The Experts Said About High Court Rulings This Term

    scotus 3.jpg

    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Nonlawyers Must Understand Privilege In Cyber Investigations

    Christin McMeley

    The attorney-client privilege and work product doctrine are essential tools in both the midst and wake of a cybersecurity investigation. However, they're only effective when the personnel seeking legal advice or acting at counsel's direction know how to use them, say Christin McMeley and Amy Mushahwar of Davis Wright Tremaine.

  • 4 Predictions For Value-Based Care And Digital Health

    Ira Parghi

    When it comes to value-based health care, data and data analytics are critical to its delivery, placing digital health at the core of any value-based infrastructure. Ira Parghi and Joanna Bergmann of Ropes & Gray LLP forecast what to expect and what to watch out for at the dynamic intersection of digital health and value-based care.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Prepare Now For EU’s New Data Breach Notification Regime

    Karen Neuman

    The EU General Data Protection Regulation introduces sweeping changes, including one that will be unfamiliar to many companies with EU operations — the requirement to report data breaches within tight time frames, say Karen Neuman, former chief privacy officer with the U.S. Department of Homeland Security, and Federica De Santis of Goodwin Procter LLP.