Cybersecurity & Privacy

  • April 6, 2018

    SEC Freezes $27M In Allegedly Illegal Longfin Share Proceeds

    The U.S. Securities and Exchange Commission on Friday obtained an order in New York federal court freezing more than $27 million in trading proceeds allegedly gained through the illegal sales of unregistered shares of Longfin Corp., a financial technology firm whose stock soared last year after it announced the acquisition of a purported cryptocurrency business.

  • April 6, 2018

    Sports Camp Operator Hit With TCPA Suit For Unwanted Texts

    A Florida man hit a New Jersey youth sports camp with a putative class action Thursday claiming the camp's Brooklyn, New York-based owner violated the Telephone Consumer Protection Act by sending unsolicited, harassing text messages via an autodialer.

  • April 6, 2018

    White House Sanctions Russian Billionaires, Putin Officials

    President Donald Trump’s administration has imposed new sanctions on dozens of Russian officials and entities, the White House announced Friday, saying the move is a response to Russia’s actions in Ukraine and Syria and interference in the 2016 presidential election.

  • April 5, 2018

    Facebook Stole Data Center Ideas, BladeRoom CEO Testifies

    The founder of a British building design company suing Facebook for trade secret theft told a California federal jury Thursday that after pitching Facebook on an innovative way to erect a data center he was shocked to later see the tech giant claim his ideas.

  • April 5, 2018

    My Big Coin Consents To Injunction As Fraud Case Continues

    My Big Coin Pay Inc. consented on Thursday to a preliminary injunction barring it from violating federal trade laws while the U.S. Commodity Futures Trading Commission sues the cryptocurrency company for fraud, postponing a showdown over the company’s argument that its virtual money, absent futures contracts, is not a commodity.

  • April 5, 2018

    Credit Reporting Agency Shakes FCRA Row Over Shared Data

    A California federal judge Wednesday axed a putative class action accusing Clarity Services Inc. of violating the Fair Credit Reporting Act, ruling that it didn’t skirt its statutory obligations when it disclosed consumers’ private information to a pair of lenders.

  • April 5, 2018

    Delta, Sears Customer Data Possibly Caught In Breach

    Delta said Thursday it has launched a website to address consumer concerns after disclosing the day before the airline was in the company of businesses like Sears whose customer payment information was potentially impacted by a data security incident targeting online support services provider [24]7.ai.

  • April 5, 2018

    Digital Evidence-Sharing Pacts Could Be ‘Game Changer’

    A law Congress recently passed to clean up how electronic evidence crosses borders could have a big impact on criminal cases — that is, if other countries can stomach the terms of data-sharing agreements with the U.S.

  • April 5, 2018

    NYPD Settles Claims It Illegally Spied On NJ Muslims

    The New York City Police Department reached a settlement Thursday in a New Jersey federal court action brought by a coalition of the state's Muslim residents who accused the NYPD of conducting surveillance that illegally targeted Muslim Americans, with the deal requiring the police department to pay damages and enact reforms.

  • April 5, 2018

    Aetna HIV Privacy Suit Goes Back To Calif. State Court

    A California federal judge on Wednesday sent back to state court a suit accusing Aetna Inc. of exposing confidential HIV-related information through envelope windows, holding that the insurer hadn't shown that the dispute involves enough money to trigger federal jurisdiction.

  • April 5, 2018

    Dems Request Info On Adding Citizenship Question To Census

    Democrats on the House Oversight and Government Reform Committee asked the Trump administration on Wednesday to turn over documents outlining how it reached its decision to add a citizenship question to the 2020 census.

  • April 4, 2018

    Onus Is On Celebrity ICO Pitchmen For Greater Due Diligence

    Celebrities who get paid to tout initial coin offerings, highly speculative investment products based on blockchain technology that have garnered an unprecedented level of scrutiny from U.S. securities regulators, should redouble their due diligence to avoid potential liability should the offering they endorse turn out to be a scam, legal experts say.

  • April 4, 2018

    Equifax Can't Skip Mass. AG Suit Alleging Security Failures

    Massachusetts Attorney General Maura Healey plausibly suggested that Equifax broke Bay State law when it failed to run a security patch before a September data breach, a state court judge ruled in a decision made public Wednesday that refused to let the credit reporting firm dismiss the case.

  • April 4, 2018

    Facebook’s ‘Arrogance’ Behind Trade Secret Theft, Jury Told

    Facebook and Emerson Electric Co. are arrogant behemoths that swiped BladeRoom Group Ltd.’s trade secrets for constructing the sophisticated data centers technology players require, BladeRoom’s attorney told jurors at the start of a California federal trial Wednesday, while Facebook countered the suit is “sour grapes” over a multimillion-dollar contract BladeRoom didn’t get.

  • April 4, 2018

    Policy Covers $1.7M Transfer Fraud, IT Co. Tells 11th Circ.

    Information technology company Principle Solutions Group LLC on Wednesday urged the Eleventh Circuit to uphold a Georgia federal court's decision that Ironshore Indemnity Co. must pay its $1.7 million loss from a transfer induced by a fraudulent scheme, arguing that a ruling adopting the insurer's position would render Principle's policy worthless.

  • April 4, 2018

    Hogan Lovells Adds Former Acting DOD General Counsel

    A former leading attorney at the U.S. Department of Defense with a background assessing cybersecurity threats facing the country’s critical infrastructure has joined Hogan Lovells’ government contracts team. 

  • April 4, 2018

    Breach Notification Expands To 50 States With Alabama Law

    Businesses will now have to notify consumers in all 50 U.S. states of significant data breaches, after Alabama recently joined every other state in putting on the books a relatively stringent breach reporting law that will give companies 45 days to disclose such incidents and require them to implement reasonable data security measures.

  • April 4, 2018

    Pa. Court Revives Compliance Inquiry In Gun Privacy Suit

    A Pennsylvania state appellate court ruled Wednesday that a lower court hadn’t followed proper procedure when deciding whether the city of Philadelphia and the Philadelphia Police Department had broken the terms of a settlement agreement designed to protect the privacy of gun license applicants.

  • April 4, 2018

    Cryptocurrency Co. Says Virtual Money Not Futures

    A cryptocurrency company charged with defrauding customers argued in Massachusetts federal court that its virtual money, called My Big Coin, lacks a crucial element of commodities and cannot be regulated by the U.S. Commodity Futures Trading Commission, attempting to undermine a recent ruling allowing the watchdog agency to take action against misbehavior in the world of online wallets.

  • April 4, 2018

    AccuWeather 'Deceptively' Tracks App Users, Suit Says

    Weather forecasting service AccuWeather illegally sends smartphone app users' whereabouts to third-party marketing firms even after users opt out of location tracking, according to a suit filed in Washington, D.C., court.

Expert Analysis

  • VoIP Services May Fall Beyond TCPA's Scope

    Louis DePaul

    A Pennsylvania district court's recent opinion in Klein v. Commerce could prove to be critical in curtailing Telephone Consumer Protection Act claims by providing a strong precedent to support the proposition that free voice over internet protocol services do not fall within the scope of the TCPA, say Louis DePaul and Alison Viola of Eckert Seamans Cherin & Mellott LLC.

  • Key Aspects Of SEC Guidance On Cybersecurity Disclosures

    Mark Krotoski

    For now, the new U.S. Securities and Exchange Commission guidance on public company cybersecurity disclosures is controlling. But the commissioners' divergent views on whether more can and should be done suggest that the SEC will revisit the guidance, say Mark Krotoski and Kurt Oldenburg of Morgan Lewis & Bockius LLP.

  • Opinion

    The Dangers Of DOJ Victory In High Court Microsoft Case

    Saad Gul

    American tech firms have dominated the world for decades. But now, in the Microsoft warrant case, the U.S. Department of Justice may clumsily, inadvertently and shortsightedly accomplish what foreign governments and international competitors have been unable to do — kill the goose that lays the golden eggs, say ​​​​​​​Saad Gul and Michael Slipsky of Poyner Spruill LLP.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Avoid Getting A Plaintiff's Fingerprint Pointed At You

    Stephanie Sheridan

    Over the last year or so, what began as a handful of cases under the little-known lllinois Biometric Information Privacy Act has evolved into a wave of well over 30 cases against some of the world’s largest companies. However, a recent decision from the Illinois Court of Appeals could potentially stifle the growing momentum, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • The Volkswagen Scandal: Catalyst For Class Action Change?

    Noah Wortman

    The sheer scale and global nature of the Volkswagen diesel emissions scandal has led to discussions about how such high-volume consumer cases are handled, with some commentators suggesting that the case represents a turning point in how class action litigation is viewed and handled, particularly in Europe, say Noah Wortman, global head of class action services at Goal Group, and attorneys with Hausfeld LLP.

  • Litigating The Internet Of Things

    Leslie Gutierrez

    With the rise of the internet of things, vast new quantities of data are traversing the cloud. Companies that do not actively and continuously strengthen their cybersecurity protocols are at risk for breaches — and for the consumer class actions that may follow, says Leslie Gutierrez of Husch Blackwell LLP.

  • Highlights From 'SEC Speaks' 2018

    Christopher Veatch

    A common theme throughout this year’s “SEC Speaks” conference was that market participants and the U.S. Securities and Exchange Commission would benefit if both were more accessible, flexible and transparent. 2018 will likely be a busy year for the commission and all that it regulates, say attorneys with Perkins Coie LLP.

  • 7 Tips For Creating Effective Employee Wellness Programs

    Kofi Semenya

    Despite the stated benefits for both employers and employees, some employers still struggle to implement successful wellness programs or have a significant percentage of their workforce refuse to sign up. Kofi Semenya of Isaac Wiles Burkholder & Teetor LLC shares suggestions for employers who want to establish a wellness program and maximize participation.