Cybersecurity & Privacy

  • July 13, 2017

    Blu Products Nears Deal With Phone Buyers In Spyware Suit

    Blu Products Inc. and a proposed class of consumers suing over a revelation that factory-installed spyware was sending certain Android phone users’ text messages and other personal information to servers in China asked a Florida federal judge Thursday to pause the case, saying it looks like a settlement is imminent.

  • July 13, 2017

    Kaspersky Cut From GSA Contracts Over Security Concern

    The government has removed products made by Russian security software maker Kaspersky Lab from several multiple-award federal contracts, citing concerns related to the security of federal systems and networks, as the company argued it had been wrongly dragged into a “geopolitical fight.”

  • July 13, 2017

    RNC Contractor Facing Voter Suit Says Data Was Public

    A data analytics company contracted by the Republican National Committee to gather voting data pushed back Wednesday against allegations it left voting information of 200 million Americans exposed, saying the so-called personal information a cyber risk expert gleaned from its system is public and already available to anyone who asked for it.

  • July 13, 2017

    FCC Fines Co. $2.8M For Powering Robocalls To Cellphones

    The Federal Communications Commission announced Thursday that it is levying a fine of more than $2.8 million against a New Mexico-based company for selling technology that enabled millions of unsolicited robocalls.

  • July 13, 2017

    Everyday Hacking Risk Too Vague For Driver's Suit, Fiat Says

    Fiat Chrysler urged an Illinois federal judge Wednesday to grant it a quick win and toss a local driver’s claims that its Jeeps are susceptible to hacking, arguing that it’s impossible to manufacture an inboard computer, let alone any computer device, completely free from what’s become a fact of everyday life.

  • July 13, 2017

    Industry Heaps Pressure On EU Over Complex Data Rules

    Europe’s financial and insurance industries urged the European Commission on Thursday to explain how it will enforce its looming data rulebook from May 2018, and demanded a much greater voice in preparations for the complex regulations.

  • July 12, 2017

    6th Circ. Affirms Class Cert. Denial In Junk Fax Row

    The Sixth Circuit on Tuesday upheld the denial of class certification in a Telephone Consumer Protection Act suit accusing a pharmaceutical distributor of sending out more than 40,000 junk faxes in 2010, ruling that questions about whether recipients had consented to or even received the fax couldn't easily be resolved on a classwide basis. 

  • July 12, 2017

    Trump Campaign, Stone Hit With Suit Over Dems' Leaked Info

    President Donald Trump is facing yet another query into his connections to Russia, according to a lawsuit filed in Washington, D.C., on Wednesday accusing adviser Roger Stone and the Trump campaign of aiding Russia in leaking private information of Democratic donors online.

  • July 12, 2017

    FINRA Fines State Street, Acorns $2M Over Record Keeping

    The Financial Industry Regulatory Authority has fined two companies a total of almost $2 million for allegedly failing to store customer records in a way that they could not be altered or destroyed.

  • July 12, 2017

    Justice Breyer On Changing His Mind And Sparring With Scalia

    Justice Stephen Breyer discusses the extent to which oral arguments can influence his thinking and recalls his many debates with the late Justice Antonin Scalia, in the second of two articles based on an exclusive interview.

  • July 12, 2017

    Army Falls Short On Health Record Protections: Watchdog

    Defense Health Agency and Army officials are not adequately protecting health records for patients at Army military facilities, the U.S. Department of Defense Office of Inspector General said in a recently released report.

  • July 12, 2017

    Cybersecurity Policy To Watch For The Rest Of 2017

    With action on cybersecurity at the federal level stalled and the enforcement path of regulators uncertain, attorneys will be keeping a close eye on policymakers at the state level and the European Union. Here, cybersecurity policy watchers forecast what will be the hottest topics in the U.S. and abroad for the rest of the year.

  • July 12, 2017

    IV's Reconsideration Bid In JPMorgan Patent Suit Backfires

    Intellectual Ventures’ bid for reconsideration of a May ruling tossing its claim that JPMorgan infringed its patent covering cybersecurity technology backfired this week when a New York federal judge reversed a part of the ruling that had kept alive claims that the bank’s software was “capable” of future infringement.

  • July 12, 2017

    Twilio Beats TCPA Suit Over Unwanted Texts

    A Washington federal judge on Wednesday tossed a lawsuit accusing Twilio Inc. of violating the Telephone Consumer Protection Act by texting a consumer without consent, saying that a mobile message isn’t telemarketing if it completes a transaction.

  • July 12, 2017

    3rd Circ. TCPA Ruling Saps Spokeo Defenses In Class Actions

    A recent Third Circuit ruling allowing a woman to bring a suit under the Telephone Consumer Protection Act over a single pre-recorded message left on her voicemail shows that defendants cannot count on the U.S. Supreme Court's pivotal Spokeo decision to end consumer protection class actions, experts say.

  • July 12, 2017

    Acura Owner Slams Bid To Halt Honda Autodialing Suit

    An Acura owner accusing American Honda Motor Co. of violating the Telephone Consumer Protection Act by making unsolicited calls urged a California federal judge Tuesday not to halt the litigation pending a D.C. Circuit’s decision regarding the scope of the act.

  • July 12, 2017

    FBI Chief Pick Pledges Independence At Senate Panel

    President Donald Trump's pick to lead the FBI pledged independence from the administration before a Senate panel Wednesday, as well as made a promise to support former FBI Director Robert Mueller as special counsel.

  • July 12, 2017

    NJ Doc Can't Escape Suit Over Unwanted HIV Disclosure

    A New Jersey appeals court on Wednesday kept alive a suit accusing a doctor of disclosing a patient’s HIV-positive status to another person without consent, affirming a trial court’s finding there’s a two-year statute of limitations on the claims.

  • July 12, 2017

    LLCs Can't Sue IRS For Flouting Privacy Rights: Mich. Judge

    Limited liability companies cannot sue the government for violations of the Right to Financial Privacy Act, a Michigan federal judge ruled Tuesday in a case involving “John Doe” summonses that the IRS served on JP Morgan Chase Bank for the financial records of three separate accounts.

  • July 12, 2017

    Tech Cos. Score High On Consumer Privacy, Telecoms Lag

    A number of consumer-facing technology companies like Dropbox and Lyft received high marks from the Electronic Frontier Foundation in an annual assessment of how well they protect user privacy, while telecommunications giants like Verizon and Comcast were found to be lacking, according to the watchdog’s findings. 

Expert Analysis

  • Should Florida Hospitals Halt Peer Review?

    Dominic MacKenzie

    Despite the seemingly endless controversy surrounding discovery of certain records associated with peer review activities, health care providers in Florida must remain mindful that their obligation to perform good-faith peer review remains staunchly in place, says Dominic MacKenzie of Holland & Knight LLP.

  • Next Steps In Cybersecurity Under President Trump

    Adam Golodner

    President Donald Trump's recent cybersecurity executive order triggers no less than 19 reports, covering a full range of topics affecting cybersecurity stakeholders. While it is not clear how the reports will be coordinated or rationalized, stakeholders would be wise to take the reports seriously, and to recognize that the clock has started in the race to influence them, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Recap

    What The Experts Said About High Court Rulings This Term

    scotus 3.jpg

    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Nonlawyers Must Understand Privilege In Cyber Investigations

    Christin McMeley

    The attorney-client privilege and work product doctrine are essential tools in both the midst and wake of a cybersecurity investigation. However, they're only effective when the personnel seeking legal advice or acting at counsel's direction know how to use them, say Christin McMeley and Amy Mushahwar of Davis Wright Tremaine.

  • 4 Predictions For Value-Based Care And Digital Health

    Ira Parghi

    When it comes to value-based health care, data and data analytics are critical to its delivery, placing digital health at the core of any value-based infrastructure. Ira Parghi and Joanna Bergmann of Ropes & Gray LLP forecast what to expect and what to watch out for at the dynamic intersection of digital health and value-based care.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Prepare Now For EU’s New Data Breach Notification Regime

    Karen Neuman

    The EU General Data Protection Regulation introduces sweeping changes, including one that will be unfamiliar to many companies with EU operations — the requirement to report data breaches within tight time frames, say Karen Neuman, former chief privacy officer with the U.S. Department of Homeland Security, and Federica De Santis of Goodwin Procter LLP.

  • 5 Key Points For Effective Employee Data Security Policies

    Daniel Marvin

    While implementing an employee data security plan from the ground up can be challenging, the alternative of not having one is risky. An effective policy should address five basic points and be tailored to the needs of a particular business given its industry, resources, operations and regulatory requirements, says Daniel Marvin of Morrison Mahoney LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.