Cybersecurity & Privacy

  • April 16, 2018

    House Members Press FBI On Shooter IPhone Unlock Case

    A bipartisan group of U.S. House of Representatives members on Friday asked the FBI to explain why they dragged Apple into a protracted court battle to access a mass shooter's iPhone when the tools to unlock the device were readily available, contradicting fears big tech companies were letting criminals "go dark" on authorities. 

  • April 16, 2018

    Exxon Mobil Escapes Suit Over Credit Card Receipts

    Exxon Mobil Corp. and two private operators of a handful of convenience stories escaped a proposed class action brought by a customer alleging they printed too much customer credit card information on receipts, after a Missouri federal judge found Friday the customer didn’t show an actual injury.

  • April 16, 2018

    Feds Sued For Withholding Info On Census Ethnicity Category

    The Office of Management and Budget should be required to release documents related to its decision not to include a separate “Middle Eastern or North African” category in the 2020 census, an Arab-American nonprofit said in a suit filed in D.C. federal court Friday.

  • April 16, 2018

    Ex-Inmates Lose Cert. Bid In Securus Call Recording Suit

    A California federal judge has refused to certify a class of former inmates and criminal defense attorneys claiming that prison phone operator Securus Technologies Inc. illegally recorded their conversations, finding that they hadn't yet shown a way to determine whose calls had been recorded.

  • April 16, 2018

    CORRECTED: McSweeny Set To Exit FTC Later This Month

    Terrell McSweeny, a commissioner with the Federal Trade Commission since 2014, said Monday that she will step down from the post later this month as a slate of commissioner nominees awaits confirmation.

  • April 16, 2018

    NYC Bar, Arbitration Groups Release Cyberthreat Guidelines

    The New York City Bar Association, the International Council for Commercial Arbitration and the International Institute for Conflict Prevention and Resolution released a draft protocol Monday that offers guidelines on necessary cybersecurity practices for international arbitration practitioners.

  • April 16, 2018

    UK Lawmakers Push Financial Watchdogs To Keep Up With AI

    A parliamentary committee called Monday for the U.K. to take the lead in the ethical development and deployment of artificial intelligence, urging the country's insurance, financial services and competition authorities to keep watch on the technology's increasing presence.

  • April 13, 2018

    Law360 Reveals 400 Largest US Firms

    The annual Law360 400 ranks the largest U.S.-based law firms and vereins with a U.S. component by domestic attorney headcount.

  • April 13, 2018

    How 5 Firms Grew Without Merging

    These firms saw double-digit growth in 2017 — one hire at a time. Here, their leaders tell Law360 of their varied approaches to attracting top talent.

  • April 13, 2018

    Megafirms Find New Heights In Grounded Market

    The biggest of BigLaw are widening the gap between themselves and their rivals, as firms of all sizes grapple with fluctuating demand and seek out their place in the legal landscape.

  • April 13, 2018

    W.Va. AG Piles Onto Flood Of Equifax Data Breach Suits

    West Virginia's attorney general on Thursday became the latest state prosecutor to go after Equifax for a massive data breach that impacted more than 148 million consumers' personal information, lodging a suit faulting the company for failing to adequately secure its systems and flubbing the breach notification and response processes.

  • April 13, 2018

    Google Must Scrub Some Crime Search Hits, UK Judge Says

    Google must take down search engine results tied to a businessman who asked that links to a criminal conviction that was not closely related to his current work be "forgotten," but it doesn't have to scrub hits for another man with a more serious and relevant conviction, a London judge ruled Friday.

  • April 13, 2018

    Lawmakers Seek To Bolster DOD Supply Chain Cybersecurity

    A bipartisan, bicameral group of lawmakers introduced a bill Thursday to help small defense contractors identify and address cybersecurity vulnerabilities, responding to what the legislators said were significant resource and awareness gaps regarding U.S. Department of Defense cybersecurity requirements.

  • April 13, 2018

    Russian Must Pay $302M In International Data Hacking Case

    A Russian national was ordered Thursday to pay $302 million in restitution to five corporate victims after he copped to his role in what officials have dubbed one of the world’s largest data breaches that targeted Nasdaq, Dow Jones Inc. and a slew of other companies, according to documents filed in New Jersey federal court.

  • April 13, 2018

    Hiscox Says Hack Of US Law Firm Exposed Policyholders

    The personal data of up to 1,500 U.S.-based commercial insurance policyholders may have been compromised by a hack at an unnamed "specialist law firm," according to a statement released Friday by Bermuda-based specialist insurer Hiscox Ltd.

  • April 13, 2018

    Oxygen Device Maker Inogen Reports Customer Data Breach

    Portable oxygen device maker Inogen Inc. said Friday it has experienced a data security breach and is in the process of notifying about 30,000 current and former customers about the incident and how to resolve any credit or other issues that may result.

  • April 13, 2018

    A Conversation With Baker Botts CMO Gillian Ward

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview law firm management about navigating an increasingly competitive business environment. Here we feature Gillian Ward, chief marketing officer at Baker Botts LLP.

  • April 13, 2018

    Frito-Lay Agrees To Pay $2.4M In Background Check Action

    A former Frito-Lay Inc. employee asked a California federal judge Friday for preliminary approval of a $2.4 million settlement to end a proposed class action saying the company violated the Fair Credit Reporting Act by failing to properly disclose its use of consumer reports when conducting background checks of job applicants.

  • April 13, 2018

    Exclusive Group Valued At €1.3B In Deal With Permira

    London-based private equity group Permira has agreed to buy a majority stake in Exclusive Group, the companies said Friday, in a deal that reportedly values the France-based cybersecurity and cloud services company at €1.3 billion ($1.6 billion), meant to provide it with capital to help bolster its service offerings and expand its global presence.

  • April 13, 2018

    ESMA Widens Scrutiny Of Op Risk For CCPs, Trading Venues

    Europe’s top securities regulator said on Thursday it is changing the way it identifies and monitors operational risks in the financial sector, by taking into account a wider range of quantitative indicators and producing more regular in-depth data reports.

Expert Analysis

  • 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.

  • Pitfalls To Avoid When Selecting Document Review Attorneys

    Barry Schwartz

    In the Anthem data breach settlement, U.S. District Judge Lucy Koh criticized, and will most likely strike down, contract attorney fees in the $300 to $400 an hour range. That doesn’t mean everyone should stop using contract attorneys, but it does show that there are multiple things to consider before employing a contract review team, says Barry Schwartz of BIA.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Virtual Currency As Commodity: From Coinflip To McDonnell

    Douglas Arend

    Through a series of public statements and judicial opinions beginning with the 2015 Coinflip action and progressing to a New York federal court’s decision in McDonnell this month, the U.S. Commodity Futures Trading Commission has established itself as the primary regulator of virtual currencies, notwithstanding the absence of clear statutory authority, say Douglas Arend and Jeffry Henderson of Greenberg Traurig LLP.

  • Venmo: The Battle Between App Usability And Compliance

    Jason Sarfati

    Venmo’s settlement with the Federal Trade Commission over privacy concerns should serve as a cautionary tale for all software and application development companies that are seeking to create innovative and user-friendly products, says Jason Sarfati of Joseph Greenwald & Laake PA.

  • Identifying Cybersecurity Best Practices For Financial Firms

    Rishi Zutshi

    As financial services and fintech firms seek to reduce their vulnerability to cyberattacks and mitigate against regulatory and litigation exposure, one key inquiry is the extent to which a company’s cybersecurity controls are consistent with industry best practices. In this regard, a recent report from the World Economic Forum provides a valuable reference point, say Rishi Zutshi and April Collaku of Cleary Gottlieb Steen & Hamilton LLP.

  • Are ICOs In The Crosshairs Of New York’s Martin Act?

    Daniel Alter

    Although much attention has been paid to the U.S. Securities and Exchange Commission’s actions in the initial coin offering space, little thought has been given to the applicability of New York’s own securities fraud statute. That could be a serious oversight, says Daniel Alter of Murphy & McGonigle PC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.