Cybersecurity & Privacy

  • April 9, 2018

    Rep. Asks FCC to Probe Cambridge Analytica-TV Links

    A Democratic Michigan congresswoman urged the head of the Federal Communications Commission on Friday to investigate whether embattled political consulting firm Cambridge Analytica obtained audience viewing data from cable television providers to support the company’s voter targeting efforts during the 2016 presidential campaign.

  • April 9, 2018

    Calif. Court Awards $6.45M Judgment In 'Revenge Porn' Case

    A California federal judge has issued a default judgment and awarded a woman more than $6.45 million for her copyright infringement and emotional distress claims in a "revenge porn" case, ranking as the second largest award in a noncelebrity revenge porn case, according to her attorneys at K&L Gates LLP.

  • April 9, 2018

    Proskauer Nabs Ex-SEC Enforcer For Securities Team

    Proskauer Rose LLP has picked up a former enforcement attorney from the U.S. Securities and Exchange Commission who helped to usher in the agency’s whistleblower protection program under the Dodd-Frank Act to bolster its securities and enforcement bench, the firm said Monday.

  • April 9, 2018

    Carbon Black To Pay Finjan $3.9M To End Weeks-Old IP Row

    Cybersecurity company Carbon Black has agreed to pay $3.9 million in license fees to Finjan Inc., settling patent infringement allegations brought by the latter in California federal court just over two weeks ago, according to a Monday regulatory filing by Finjan.

  • April 9, 2018

    Bitcoin ATM Operator Hit With TCPA Suit Over Spam Texts

    The operator of “Bitcoin Depot”-branded cryptocurrency ATMs was hit Friday with a putative nationwide class action in federal court in Miami that accuses it of violating the Telephone Consumer Protection Act by sending automated spam texts to people who have used its machines.

  • April 9, 2018

    DOD Outlines New 2-Step Test For Cyber Vulnerabilities

    The U.S. Department of Defense's main testing office has updated its procedures for how DOD testers should evaluate cybersecurity in acquisition programs, setting out a two-step test for finding cyber vulnerabilities meant to ensure DOD systems can carry out their intended missions while under cyberattack.

  • April 9, 2018

    Google Must Pay For Illegally Gathering Kids' Data, FTC Told

    Google has come under fire for allegedly collecting children’s data on YouTube without parental permission, with a coalition of advocacy groups telling the Federal Trade Commission on Monday that the company’s practices warrant imposing "tens of billions of dollars" in penalties.

  • April 9, 2018

    Investor Sues Cryptocurrency Biz After Hack Of Funds

    A cryptocurrency investor slapped the creators of a bitcoin alternative with a putative class action in New York federal court Friday for allegedly steering him to trade on an Italian exchange that “lost” hundreds of millions of dollars’ worth of digital currency to hackers.

  • April 9, 2018

    Facebook Settles $365M Trade Secrets Case Mid-Trial

    Facebook told a California federal judge Monday it had reached a mid-trial settlement of BladeRoom Group Ltd.’s $365 million data center trade secrets suit, prompting co-defendant Emerson Electric Co. to unsuccessfully seek a mistrial on grounds that Facebook’s ongoing Cambridge Analytica scandal will bias jurors against it.

  • April 6, 2018

    Facebook, Emerson Argue Trade Secrets Public In $365M Trial

    Facebook and Emerson Electric Co.’s attorneys on Friday pressed BladeRoom Group Ltd.’s CEO on whether trade secrets at the heart of its $365 million suit in California federal court were already public, pointing to patent documents, investor pitches and the British builder’s website touting the inventions.

  • April 6, 2018

    Panera Hit With Class Action Over Alleged Data Breach

    Fast-casual chain Panera Bread Co. was hit with a putative class action in Illinois federal court on Thursday after the company was reported earlier in the week to have been a victim of a customer information data breach through its rewards program.

  • April 6, 2018

    Facebook's Face Scanning Violates Privacy Pact, FTC Told

    A coalition of consumer privacy organizations is urging the Federal Trade Commission to probe Facebook's use of facial recognition technology to scan photos to find potential biometric matches, arguing that the technique threatens users' privacy and runs afoul of a 2011 consent order that requires the site to be up front with users about such practices. 

  • April 6, 2018

    Ill. Marriott Shared Employees' Fingerprint Data, Suit Says

    A Marriott hotel in suburban Chicago got slapped with a putative class action in Illinois state court Thursday claiming it has collected, stored and shared employee information gathered through its finger-scan timekeeping technology in violation of state biometric privacy law.

  • April 6, 2018

    Facebook Backs Political Ad Bill, Will Verify 'Issue' Ads

    Facebook said for the first time on Friday that it supports a proposed law that would require social media companies to disclose the origin of political ads on their platforms. The company also announced new verification rules for buyers of so-called issue ads, which American authorities say helped sow discord in the 2016 U.S. elections.

  • April 6, 2018

    Lord & Taylor Hit With Suit Over Recent Data Breach

    A New York woman Thursday filed a putative class action suit against Lord & Taylor LLC in Delaware federal court over the data breach of payment card information reported by the retailer over the weekend.

  • April 6, 2018

    Singapore Central Bank Warns Of Hackers Using SWIFT System

    Singapore’s central bank on Friday urged the country’s financial institutions to be on the lookout for hackers attempting to fraudulently transfer funds using the global financial messaging system SWIFT following reports of such cyberattacks in other countries.

  • April 6, 2018

    11th Circ. Backs Dismissal Of Suit Over Seminole Subpoenas

    The Eleventh Circuit on Friday upheld a lower court ruling dismissing a suit by a group seeking to escape subpoenas from the Seminole Tribe of Florida Inc.'s court over its connections to a Florida energy company, saying the group didn’t have standing to contest subpoenas to American Express to turn over individuals' credit card and private financial records.

  • April 6, 2018

    Uber Data Breach Actions Land In California

    The U.S. Judicial Panel on Multidistrict Litigation has centralized in California federal court a number of actions stemming from Uber’s 2016 data breach that impacted the personal information of approximately 57 million drivers and riders.

  • April 6, 2018

    Uber, Fund Spar Over Docs In Illicit Biz Practices Suit

    Uber Technologies Inc. and a Texas-based retirement fund on Thursday sparred over the scope of discovery in a proposed class action alleging that the ride-hailing giant and ex-CEO Travis Kalanick's numerous illicit business tactics, corporate bullying, institutionalized harassment and rampant flouting of the law have cost investors billions.

  • April 6, 2018

    9th Circ. Fells Order To Arbitrate T-Mobile TCPA Suit

    The Ninth Circuit has shot down a lower court decision that sent to arbitration a proposed Telephone Consumer Protection Act class action saying a joint promotion between T-Mobile and Subway for chicken sandwiches included the delivery of mass unwanted text messages to the telecommunications company's customers, ruling the case’s claims rely on the TCPA and not a wireless agreement.

Expert Analysis

  • 3 Critical Events For Cryptocurrency Exchanges: Part 1

    John Reed Stark

    Cryptocurrency exchanges must be prepared for a relentless U.S. regulatory onslaught. That seems to be the clear warning embodied in the confluence of three events last week involving three agencies that are no longer content with generating regulatory headwinds, say John Reed Stark, president of John Reed Stark Consulting LLC, and David Fontaine, CEO of Kroll Inc.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 9th Circ. Rescues FTC Authority Over Common Carriers

    J.G. Harrington

    The Ninth Circuit's decision last month in Federal Trade Commission v. AT&T Mobility has significant implications for enforcement against telephone, wireless and internet businesses, and for the potential fate of the Federal Communications Commission’s Restoring Internet Freedom Order, say attorneys with Cooley LLP.

  • Do Business Interruption Policies Cover Ransomware?

    Catherine Doyle

    Policyholders should look to the Rhode Island district court's decision in Moses v. Sentinel as a bellwether on coverage for business interruption and lost income claims associated with ransomware attacks, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • 3 Lessons From Sinovel's Trade Secret Theft Conviction

    Justus Getty

    One of the key takeaways from a Wisconsin federal court's recent decision in U.S. v. Sinovel Wind Group is that the most serious threats to a company’s trade secrets can often be internal rather than external, says Justus Getty of Duane Morris LLP.

  • TCPA Rules For VoIP Demand The Impossible From Cos.

    Eduardo Guzmán

    The Federal Communications Commission's regulatory treatment of voice over internet protocol services appears to clash with standards set by recent court decisions. Given that the use of VoIP services will only increase, the FCC should impose a more consistent and practical rule, says Eduardo R. Guzmán of Squire Patton Boggs LLP.

  • A Broad Regulatory Push To Rein In Burgeoning ICO Market

    Christopher Conniff

    Overstock.com’s disclosure last week that its ongoing $250 million initial coin offering has been under investigation by the U.S. Securities and Exchange Commission appears to be part of a widespread probe pursuant to which “scores” of companies and advisers have reportedly received subpoenas. This underscores the SEC’s continued commitment to vigorous oversight in the virtual currency space, say attorneys with Ropes & Gray LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Avoiding The Pitfalls Of Pre-Employment Background Checks

    Alicia Samolis

    A Florida federal judge recently allowed a class action to proceed against Amazon, on allegations that the company engaged in unfair pre-employment background check practices. The case highlights that even the most sophisticated employer can struggle with the varied and highly technical laws that govern this common employer function, say Alicia Samolis and Matthew Mitchell of Partridge Snow & Hahn LLP.

  • Practicality Is A Driving Force In High Court Microsoft Case

    James Kitchen

    Absent new legislation or a major reformation of the mutual legal assistance treaty process, victory in the Microsoft case at the U.S. Supreme Court may be vital for the government when it comes to its ability to conduct investigations in the fast-paced world of electronic data and cybercrime, says James Kitchen of Jones Day.