• May 11, 2017

    Trump Inks Executive Order To Fortify Nation's Cybersecurity

    President Donald Trump on Thursday signed a long-anticipated executive order that is designed to boost the cybersecurity of federal networks and critical infrastructure by pressing agencies to use a popular framework embraced by the private sector to assess their risks and by giving more support to entities that operate vital systems.

  • May 11, 2017

    Attys Must Take ‘Reasonable’ Cybersecurity Steps, ABA Says

    The American Bar Association issued a new ethics opinion Thursday saying that under professional rules of conduct attorneys have a confidentiality obligation to take reasonable measures to ensure that unencrypted emails containing client information are safe from cyberthreats and providing an outline to determine what those measures should be.

  • May 11, 2017

    Senate Intelligence Panel Subpoenas Flynn In Russia Probe

    Embattled former national security adviser Michael Flynn has been issued a subpoena by the Senate Select Committee on Intelligence for documents related to the panel's inquiry into Russian interference in the 2016 election, committee leaders said Wednesday.

  • May 11, 2017

    Firm Faces Another Sanctions Bid In Call-Recording Row

    A company accused of secretly recording telemarketing calls asked an Illinois federal judge Wednesday to sanction the law firm representing small businesses bringing the suit for allegedly relying on fraudulent documents to bolster some claims, a week after the owners of the corporation that purchased the telemarketer made a similar request.

  • May 11, 2017

    Acting FBI Head Disputes White House Story On Comey Firing

    Acting FBI Director Andrew McCabe directly contradicted the White House’s narrative on its abrupt firing of former Director James Comey, telling lawmakers on Thursday that Comey still has broad support within the FBI despite White House assertions that the agency’s rank-and-file lost confidence in him.

  • May 10, 2017

    Facebook, Health Sites Shake Suit Over User Data Sharing

    A California federal judge on Tuesday nixed a putative class action seeking to block several health websites from sharing individual Facebook users' browsing data with the social media giant, ruling that the plaintiffs had consented to Facebook's tracking activities and that the websites didn’t have enough of a connection to the state.

  • May 10, 2017

    Feds Need To Dial Up Cyberattack Responses, Senate Told

    A White & Case LLP partner and other experts on Wednesday pushed the U.S. Senate to support efforts to ramp up the government's ability to prosecute and make counterstrikes against hackers that infiltrate public- and-private sector information systems, saying the moves would be more effective than mandating corporate security protocols.

  • May 10, 2017

    Hotel Chains Escape TCPA Claims Of Vicarious Liability

    A Michigan federal judge on Wednesday dismissed hotel chains AM Resorts LP and Newport Hospitality LLC from an illegal robocalling suit that claims they were involved in unwanted marketing phone calls, ruling that the chains weren’t “vicariously liable” for the calls.

  • May 10, 2017

    CarSure Accused Of Violating Privacy Law To Target Ads

    A Wisconsin vehicle owner launched a proposed class action Tuesday accusing aftermarket automotive warranty seller CarSure of violating the Driver’s Privacy Protection Act by using information obtained from state motor vehicle records to send her ads and solicit her business.

  • May 10, 2017

    Pillsbury Aviation Pros Join Baker McKenzie

    Two former Pillsbury aviation attorneys who advised on the privatization of an international airport in Puerto Rico and represented Virgin America Inc. in its efforts to obtain domestic carrier status in the U.S. have joined Baker McKenzie to lead its aviation and drone practices.

  • May 10, 2017

    Texas Hospital System To Pay $2.4M In HIPAA Deal

    A Texas hospital chain has agreed to pay $2.4 million to the federal government to settle allegations that it violated the Health Insurance Portability and Accountability Act by disclosing the name of a patient who used a false identification card to the public and media, the U.S. Department of Health and Human Services said Wednesday.

  • May 10, 2017

    Locke Lord Attorney Jumps To Katten In London

    Katten Muchin Rosenman (UK) LLP has nabbed a former Locke Lord (UK) LLP partner in London, bolstering the firm’s corporate practice with his experience tackling commercial and regulatory work in the general commercial, aviation and aerospace arenas, focusing on technology, intellectual property and privacy.

  • May 10, 2017

    Senate Dems Push FCC For Info On Cyberattack

    Democratic Sens. Ron Wyden of Oregon and Brian Schatz of Hawaii asked the Federal Communications Commission's head for more information Tuesday on distributed denial-of-service attacks that allegedly began at midnight Sunday, saying they could have affected public comment on net neutrality.

  • May 10, 2017

    InterContinental Hotels Socked With Data Breach Suit

    InterContinental Hotels Group PLC was hit with a proposed class action in Georgia federal court on Tuesday for its alleged failure to protect customers’ credit and debit card data from hackers who stole the information over several months in 2016.

  • May 10, 2017

    Former DHS Chief Of Staff Joins Crowell & Moring

    Crowell & Moring LLP has hired in its Los Angeles office the former Department of Homeland Security chief of staff, whose experience includes the department's response to a surge of unaccompanied minors at the border and the hack of the U.S. Office of Personnel Management.

  • May 10, 2017

    CVS Says TCPA Claims Too Individualized For Class Cert.

    A proposed class of consumers suing CVS for allegedly improper flu shot reminder calls shouldn’t be certified, the pharmacy told an Illinois federal court Tuesday, saying that it had advance permission to make most of the calls and that proving it didn’t would require “450,000 mini-trials.”

  • May 10, 2017

    Judge Won't Sanction Coke, Counsel In Data Breach Suit

    A Pennsylvania federal judge denied a former Coca-Cola employee’s bid for sanctions against the company and an attorney in a proposed class action over a data breach, concluding that the soda giant was not obligated to produce documents that it did not have in its possession.

  • May 9, 2017

    Top 3 Groups Lobbying The FCC

    Comments have already begun to pour in on the Federal Communications Commission's draft plan to reverse course on net neutrality, but the big players are mostly holding off for now and weighing in on issues such as regulatory barriers to next-generation wireless, privacy and spectrum sharing. Here are the top three groups that filed ex partes with the FCC over the last month.

  • May 9, 2017

    Gibson Dunn Nabs CIA's Ex-GC For National Security Group

    Gibson Dunn & Crutcher LLP on Monday announced that the Central Intelligence Agency’s former general counsel has joined the firm in Washington, D.C., where she will chair its new national security practice group and focus on national security, cybersecurity, data privacy and white collar investigations.

  • May 9, 2017

    Schumer Backs Consumer Advocate For Empty FTC Post

    U.S. Senate Democratic leader Chuck Schumer on Tuesday recommended to President Donald Trump that Consumer Federation of America Senior Fellow Rohit Chopra be tapped to serve as a Federal Trade Commission commissioner.

Expert Analysis

  • Understanding The Challenges Of Strong Encryption: Part 2

    David Kalat

    Considering the inherently weak keyspace and bit strength of phone PINs, the FBI estimated that they could have cracked the infamous San Bernardino iPhone within 30 minutes. However, distinct security protocols largely unique to mobile devices can turn brute force attempts to unlock a phone into a forensic game of Russian roulette, says David Kalat of Berkeley Research Group LLC in the second half of this two-part article.

  • McLane V. EEOC's Impact On Employer Subpoena Responses

    Mark B. Wiletsky

    In the U.S. Supreme Court's decision in McLane v. U.S. Equal Employment Opportunity Commission, all eight justices agreed that the proper standard of review of an EEOC subpoena enforcement decision is abuse of discretion, not de novo review. The question now becomes whether the court’s ruling will affect how employers and employment lawyers respond to EEOC subpoenas, says Mark Wiletsky of Holland & Hart LLP.

  • Understanding The Challenges Of Strong Encryption: Part 1

    David Kalat

    When the FBI asked Apple to provide assistance in unlocking an iPhone used in connection with the 2015 San Bernardino attack, Apple very publicly declined. David Kalat of Berkeley Research Group LLC explains how it's possible that the good guys can't come up with effective passwords, but the bad guys can keep their secrets with four-digit pins.

  • Thoughts On EU's Draft E-Privacy Regulation

    Rohan Massey

    The EU's draft e-privacy regulation sets out to align the requirements of e-privacy and data protection in Europe for the benefits of the Digital Single Market initiative, with an aggressive timetable for implementation to coincide with that of the General Data Protection Regulation in May 2018. This combination of factors may not work in the draft’s favor, says Rohan Massey, leader of Ropes & Gray LLP's privacy practice in Europe.

  • Top 10 Litigation Risks For Retailers In 2017

    Ann Schofield Baker

    With the 2017 retail season in full swing, what issues are keeping retailers up at night? Ann Schofield Baker of Perkins Coie LLP has distilled a list of top retail risks and trends this year, ranging from data breaches, cyber-ransom threats and toxic chemical compliance to the potential for litigation over subjects including shipping fees, discount pricing and website accessibility.

  • Employer Risks When Workplace Communications Go Offline

    Karla Grossenbacher

    As texting becomes more common in the workplace, employers must grapple with how they will fulfill their legal obligations with respect to workplace texts by ensuring they have the same ability to access, view and preserve employees’ texts that they do with employee emails. And this need will only grow more pressing as time goes on, says Karla Grossenbacher of Seyfarth Shaw LLP.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Compliance Front And Center As HHS Keeps Up HIPAA Heat

    David P. Saunders

    For many, the first quarter of 2017 was spent ensuring proper documentation of Health Insurance Portability and Accountability Act compliance programs. As a result, the industry has seen, among other things, an increase in the use of third-party compliance companies to conduct HIPAA risk assessments and a shift to more comprehensive business associate agreements, say David Saunders and William Pericak of Jenner & Block LLP.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • Why FCC Cannot Require Opt-Out Language In Solicited Faxes

    Lewis S. Wiener

    The D.C. Circuit's ruling in Bais Yaakov v. FCC takes some wind out of the sails of would-be plaintiffs seeking to capitalize on the nuances of Telephone Consumer Protection Act and Federal Communications Commission rules. The ruling shows the court's willingness to hold the FCC accountable when it takes actions outside of its authority, say attorneys with Eversheds Sutherland (US) LLP.