Cybersecurity & Privacy

  • November 6, 2017

    Mass. Panel Reverses Boston Globe's Win On Police Data

    A Massachusetts appeals court on Friday reversed an order requiring the Department of State Police to hand over state troopers’ birthdates to the Boston Globe, saying the department should be allowed to present its case in light of a recent state high court ruling addressing a public safety exemption to public records law.

  • November 6, 2017

    Sodexo Settles Suit Over Undisclosed Background Checks

    Food services and facilities management company Sodexo Inc. has settled a suit with a job applicant who filed a proposed class action alleging that it violated the Fair Credit Reporting Act by failing to disclose its use of consumer reports.

  • November 6, 2017

    EU's 'Dirty Money' Fight Under Fire After Tax Papers Leak

    A massive leak of data from an offshore law firm has exposed how little Europe has achieved in its fight against money laundering and corruption, campaigners said Monday after a trove of 13.4 million records was released.

  • November 3, 2017

    Tezos Didn't Register Cryptocurrency With SEC, Suit Says

    A proposed class action has been filed in California state court against organizers of the Tezos blockchain network, accusing them of advertising the cryptocurrency they sold at an initial coin offering as securities despite not having registered with the Securities and Exchange Commission.

  • November 3, 2017

    Time-Share Co. Hit With TCPA Suit Over Unsolicited Calls

    A proposed class of consumers filed suit Thursday in California federal court against a vacation time-share company, alleging the company made unsolicited robocalls to consumers' cellphones by using an autodialer in violation of the Telephone Consumer Protection Act.

  • November 3, 2017

    Mass. Police Look To Exit Background Check Racial Bias Suit

    The Massachusetts State Police urged a federal court on Thursday to nix an African-American man’s claims that it acted with racial bias when it passed over his application to become a trainee based on a conclusion by one of its state troopers that he was untruthful during a background investigation.

  • November 3, 2017

    Google Escapes Canada High Court Order To Delist Results

    A California federal court on Friday blocked an order from Canada’s highest court that would have forced Google to delist worldwide search results for a company accused of selling products containing stolen trade secrets.

  • November 3, 2017

    Janssen, Marketing Co. Can't Escape TCPA Suit After Spokeo

    Janssen Pharmaceuticals Inc. and a health care marketing company must face a proposed Telephone Consumer Protection Act class action over unwanted faxes, an Illinois federal judge ruled Thursday, finding that receiving an unwanted fax is enough to have standing under the U.S. Supreme Court’s Spokeo ruling.

  • November 3, 2017

    Spying, Encryption Fights Inch Closer To Breaking Points

    The terrorist attack in New York City this week is likely to hasten the push for resolutions of long-simmering debates over foreign intelligence activities and warrant-proof encryption, although attorneys say finding middle ground between national security interests and privacy concerns is the only way to achieve a solution that has staying power.

  • November 3, 2017

    Equifax Says No Insider Trading Before Data Breach Revealed

    Equifax Inc. on Friday said that four senior executives, including its chief financial officer, who traded in company stock prior to the revelation of a data breach that left 145 million consumers’ personal information exposed had no knowledge of the problem when they executed the trades.

  • November 3, 2017

    FBI Agent's Ex-Wife Says 1st Circ. Quick To Halt Privacy Row

    An FBI agent’s ex-wife, who says the government negligently allowed her ex-husband to spy on her with the bureau’s surveillance tools, asked the First Circuit on Thursday to rethink its decision to quash her suit, claiming she was wrongly denied a chance to discover specific FBI rules the feds had allegedly broken.

  • November 3, 2017

    Health Hires: Jackson Lewis, EBG, Spencer Fane, AMRI

    Over the last few weeks, the health care and life sciences teams at Jackson Lewis PC, Epstein Becker Green and Spencer Fane have grown, particularly with privacy and data security experts, and AMRI, a contract research and manufacturing organization, has nabbed one of Mylan's former attorneys as general counsel.

  • November 3, 2017

    Feds Say Debt Collector's TCPA Constitutional Fight Fails

    The federal government stepped into a robocalling suit Thursday to tell a Florida federal judge that Bright House Networks LLC can’t escape allegations that it violated telemarketing laws by challenging the constitutionality of the Telephone Consumer Protection Act, contending that no court has ever agreed to such arguments.

  • November 2, 2017

    Google Calls Order To Remove Search Results ‘Dangerous’

    Google urged a California federal judge Thursday to block enforcement of a Canadian order requiring it to scrub its worldwide search results of links associated with a company that allegedly sold stolen network technology, saying to do otherwise would set a “dangerous precedent.”

  • November 2, 2017

    Uber’s New CEO, GC Mean ‘New Landscape’ For Breach Talks

    A California federal judge urged Uber and a putative class of drivers to take another stab at settling allegations over a 2014 data breach, noting that the recent hire of CEO Dara Khosrowshahi and general counsel Tony West means “it’s a new landscape for Uber.”

  • November 2, 2017

    Murky Connected-Car Regime Won’t Halt Auto Tech Push

    A proposal requiring all new cars be able to “talk” to each other to avoid crashes may be shelved for now, but experts say automakers will continue to develop “V2V” technology with the expectation that the Trump administration will eventually advance a more flexible set of standards.

  • November 2, 2017

    Bankrupt Cancer Center Fights Patient Data Breach Claims

    Bankrupt cancer treatment center operator 21st Century Oncology asked a New York bankruptcy court Wednesday to reject a proposal to lift the Chapter 11 stay for the claims of a putative class of patients arguing that a data breach exposed their personal information, saying it would waste time with duplicate litigation.

  • November 2, 2017

    Ex-Akin Gump Atty To Plead Guilty In FCA Suit-Selling Case

    The former litigation partner at Akin Gump Strauss Hauer & Feld LLP who was arrested while allegedly trying to sell a sealed False Claims Act complaint to the cybersecurity company it was filed against plans to plead guilty later this month, his attorney confirmed Thursday.

  • November 2, 2017

    Payment Processing Co. Inks $9M Deal To End TCPA Suit

    Pivotal Payments Inc. has agreed to pay $9 million to resolve a putative class action alleging the account services and payment processing company violated the Telephone Consumer Protection Act by auto-dialing cellphones without receiving consent, according to court documents filed in California federal court Wednesday.

  • November 2, 2017

    UK Lawmakers Turn Screw On Equifax Over Breach Hotline

    British lawmakers are demanding answers from credit monitoring firm Equifax Inc. over multiple problems with the website and hotline set up by the firm to help victims of its massive data breach.

Expert Analysis

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Cybersecurity Due Diligence In M&A: 8 Questions To Ask

    Thomas Smedinghoff

    Many acquirers pay little or no attention to the cybersecurity preparedness of the target company. But the target company’s cybersecurity status can have a major impact on the company’s present value as well as on the potential future liabilities that the acquirer may be assuming, say Thomas Smedinghoff and Enrique Santiago of Locke Lord LLP.

  • 4 Takeaways From FTC V. D-Link Systems

    Janis Kestenbaum

    A California federal court's recent ruling in Federal Trade Commission v. D-Link Systems suggests that, without evidence of misuse of data, the FTC will be hard-pressed to demonstrate that a heightened risk of exposure of personal data constitutes the requisite “substantial injury” for an unfairness claim, say attorneys with Perkins Coie LLP.

  • The New HHS Approach To HIPAA?

    David Saunders

    With respect to Health Insurance Portability and Accountability Act compliance, in the past five months, the U.S. Department of Health and Human Services has announced only one compliance agreement, and has been quiet save responses to the WannaCry attack and Hurricanes Harvey, Irma and Maria. So now, eight months into the Trump administration, we are left to wonder if this is the new HHS, says David Saunders of Jenner & Block LLP.

  • Employers Should Be Wary Of Turning Over Employee Info

    Meg Inomata

    An administrative law judge's recent decision to substantially limit the Office of Federal Contract Compliance Program’s demand for employee contact information from Google demonstrates that employers can, and should, request judicial intervention before producing their employees’ confidential information for the government, private litigants or opposing counsel, says Meg Inomata of Vedder Price PC.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Fail-Safe Class Doctrine Helps Identify Weak TCPA Classes

    J. Marx Headshot.jpg

    In the last five years, federal courts have begun denying class certification for so-called "fail-safe" classes, limiting class action rules as a means of vindicating Telephone Consumer Protection Act claims. What appears to be a weird quirk of various procedural rules ultimately helps to prevent the use of class action rules when they are not appropriate, says Jared Marx of Harris Wiltshire & Grannis LLP.

  • The SEC Data Breach And Impact On New Reporting Rules

    Jeanette Turner

    The mutual fund industry has expressed concerns about troves of new data being filed on EDGAR starting in June 2018 as part of the U.S. Securities and Exchange Commission’s new reporting requirements. The recent disclosure of an SEC breach perfectly illustrates those concerns and adds to the clamor to delay or revise the requirements, says Jeanette Turner, managing director and chief regulatory officer at Advise Technologies.

  • Courts Scrutinizing Warrants For Electronic Data

    Henry Hockheimer

    Recent rulings from a New York federal court in Wey and the D.C. Circuit in Griffith represent a serious pushback to government efforts to write boundless warrants and to seize phones and computers without a sufficiently particularized showing of probable cause, say Henry Hockeimer and Thomas Burke of Ballard Spahr LLP.