Cybersecurity & Privacy

  • September 8, 2017

    Judge Rejects Defamation Suit For Reporting On FINRA Probe

    A New Hampshire federal judge rejected an Arizona broker-dealer’s defamation suit against a New York trade publication on Friday, saying Scottsdale Capital Advisors Corp.’s beef with The Deal for reporting on a Financial Industry Regulatory Authority investigation had nothing to do with the Granite State.

  • September 8, 2017

    Ex-NFLers Want Madden Suit’s Calif. Publicity Claim Revived

    A proposed class of former NFL players urged a California federal judge Thursday to reconsider his tossing of the state right to publicity claim in their suit against Electronic Arts over use of their likenesses in Madden video games, saying the information shown on the screen during the games identifies them.

  • September 8, 2017

    Redaction Fails: 4 Times Doc Blunders Exposed Secret Info

    Some mistakes are easy to erase, but as a recent flub by U.S. Department of Justice lawyers illustrates, the failure to black out confidential information in a document is a tried-and-true way to complicate a case and embarrass yourself in court. Here, Law360 looks at other redaction screw-ups lawyers would rather black out of their memory.

  • September 8, 2017

    Chicago Lawyer Allegedly Filmed Co-Worker Undressing

    A former associate at a Chicago law firm is facing a disciplinary action for surreptitiously filming a co-worker more than 20 times while he changed clothes at the office, according to a complaint filed with the Illinois Attorney Registration and Disciplinary Commission.

  • September 8, 2017

    Hotel IT Firm Says Travelers Must Defend Data Breach Claim

    A hotel chain's information technology subsidiary asked a Florida federal court late Thursday to rule that a Travelers unit must cover its defense of a claim that it was responsible for a data breach targeting the chain's credit card payment system, arguing that coverage is available under multiple provisions in its commercial general liability policies.

  • September 8, 2017

    British Watchdog Eyes UK Impact Of Equifax Cyberattack

    Britain’s data watchdog is probing fallout from the enormous Equifax Inc. hack, warning that U.K. businesses and consumers will be pulled into the cyberattack on the U.S. credit reporting giant.

  • September 7, 2017

    Gas, Food Chains Hit With Ill. Biometric Privacy Suits

    A pair of Illinois residents have launched the latest putative class actions under the state's unique biometric privacy law, alleging in separate suits that restaurant chain Wow Bao unlawfully uses customers' facial biometrics to verify purchases at its self-order kiosks and that gas station operator Speedway illegally gathers employees' fingerprints.

  • September 7, 2017

    Judge Says 3M Robocalls Warrants $32M, Not $1.6B, Damages

    A Missouri federal judge on Thursday handed marketing company ccAdvertising a small victory after finding it made millions of illegal robocalls involving former presidential candidate Mike Huckabee, awarding $32.4 million in damages rather than the $1.6 billion prescribed by the Telephone Consumer Protection Act. 

  • September 7, 2017

    Equifax Breach Compromises 143M Consumers' Personal Data

    Credit reporting giant Equifax Inc. on Thursday revealed that it had recently been hit by hackers who exploited a website application vulnerability to gain access to names, Social Security numbers, addresses and other personal data belonging to roughly 143 million consumers in the U.S.

  • September 7, 2017

    Firm Can't Force Privacy Suit Into Arbitration, Court Hears

    A consumer leading a proposed class action accusing a debt collection law firm of disclosing the credit scores of Discover Bank customers blasted its bid to force her into arbitration, telling a Wisconsin federal judge Wednesday that there isn’t sufficient proof she entered into an arbitration agreement, among other issues.

  • September 7, 2017

    TransUnion Renews Bid To Boot Former Atty From FCRA Row

    TransUnion LLC on Tuesday asked the Seventh Circuit for an en banc rehearing of its decision to allow an Indiana lawyer who for years defended the credit bureau to now represent a consumer fighting it, arguing that the decision flies in the face of long-standing precedent.

  • September 7, 2017

    Ex-Exec Distorting 9th Circ. CFAA Holding, High Court Told

    The U.S. Department of Justice on Wednesday urged the U.S. Supreme Court not to review the Computer Fraud and Abuse Act conviction of a former recruiting firm executive who used an ex-colleague’s password to steal trade secrets, arguing that the Ninth Circuit’s decision did not criminalize innocent password-sharing as he claims.

  • September 7, 2017

    Sanofi Beats Eye Doctor's TCPA Suit Over 13-Year-Old Fax

    Sanofi and a subsidiary beat a Telephone Consumer Protection Act class action Wednesday when a Pennsylvania federal judge said that the ophthalmologist who sued over a 2004 fax couldn’t use a nearly identical state court case he filed in 2005 to keep the federal claims from being time-barred.

  • September 7, 2017

    Orrick Introduces Software To Help Cos. Meet EU Data Rules

    Orrick Herrington & Sutcliffe LLP has launched ambitious new software to help companies test their readiness for when the European Union’s formidable new data rules take force next May.

  • September 6, 2017

    Ex-Counterterrorism Head Joins Skadden's Security Practice

    Skadden Arps Slate Meagher & Flom LLP on Tuesday announced it has brought on former U.S. National Counterterrorism Center director and Leidos Defense technology executive Michael Leiter as a partner with the firm's national security practice in its Washington, D.C., office.

  • September 6, 2017

    Deutsche Bank Exits Tax Shelter Suit After Claims Expire

    An Illinois federal judge granted a quick win to Deutsche Bank AG on Tuesday, tossing the final claim from a five-year-old suit brought by former clients who had accused the bank and other financial advisers of breaching their fiduciary duty by advising them to set up an illegal tax shelter, ruling that the clients filed their claims too late.

  • September 6, 2017

    DC Circ. Pauses CareFirst Ruling Pending High Court Appeal

    The D.C. Circuit on Wednesday granted an unopposed bid to stay its decision reviving a putative class action brought by policyholders against CareFirst BlueCross BlueShield over a 2014 data breach while the insurer appeals to the U.S. Supreme Court.

  • September 6, 2017

    Latham Nabs Privacy, Cybersecurity Pro In San Francisco

    Latham & Watkins LLP has added a former Wilson Sonsini Goodrich & Rosati partner in San Francisco, bolstering its privacy and cybersecurity offerings with his extensive experience representing the likes of Google and LG Electronics, the firm said Tuesday.

  • September 6, 2017

    Quicken Loans Can't Hang Up On TCPA Suit, Suit Says

    A proposed class of consumers told a Florida federal judge Tuesday that Quicken Loans Inc. can't escape a suit alleging the mortgage lender calls consumers on the national do not call list, arguing that any consent to receive telemarketing inquiries was withdrawn long before the calls stopped.

  • September 6, 2017

    House Passes Bill For New Self-Driving Car Rules

    The House of Representatives on Wednesday passed a bill intended to ease the process for deploying self-driving cars on the country’s roads, changing federal rules for safety, vehicle testing and other measures.

Expert Analysis

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

    Wagner.jpg

    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Texts And Message Apps Are Changing Internal Investigations

    Jessica Nall

    The near-universal use of text messaging and other mobile communication platforms should prompt a major shift in how evidence is gathered and considered in internal corporate investigations, say Jessica Nall and Claire Johnson of Farella Braun & Martel LLP.

  • Toward A Culture Of Continuous Cybersecurity

    Michael Bahar

    The U.S. Securities and Exchange Commission this week released a risk alert highlighting the results of its Cybersecurity 2 Initiative, which reveals a critical cybersecurity truth — that it is not enough just to set up a program and plug existing leaks, say Michael Bahar and Brian Rubin of Eversheds Sutherland.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Reinventing The Federal Trade Commission

    David Anthony

    Last month, Maureen Ohlhausen, acting chairman of the Federal Trade Commission, announced several “internal process reforms” in the agency’s Bureau of Consumer Protection. That announcement is the most recent evidence that she intends to put her own stamp on the FTC, say attorneys with Troutman Sanders LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • The State Of Biometrics Technology: The Uses, The Concerns

    Haydn Evans

    Despite early implementations dating back to the 2000s, biometrics technologies are still an emerging trend. Biometric identification and validation techniques are being introduced to new and more innovative industries — for both security purposes and personal convenience, says Haydn Evans of CPA Global.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.