Cybersecurity & Privacy

  • August 3, 2017

    FCC Floats $82M Fine For Accused Spoofer

    A man who allegedly fired off an estimated 21 million spoofed robocalls on behalf of his insurance business should pay $82.1 million in fines for illegally manipulating caller ID displays, the Federal Communications Commission said Thursday.

  • August 3, 2017

    Top Dem Seeks Docs From Flynn's Former Business Partner

    A top House Democrat on Thursday asked Lt. General Michael Flynn’s former business partner to turn over documents related to Flynn’s connections to foreign nationals to aid in the Committee on Oversight and Government Reform’s investigation of Flynn’s unreported foreign contacts and business relationships.

  • August 3, 2017

    Mass. RMV Clerks Arrested Over Fake ID Scheme

    Four clerks at the Massachusetts Registry of Motor Vehicles and two co-conspirators who allegedly participated in a scheme to produce fake identification documents for unauthorized immigrants were arrested on charges of aggravated identity theft Wednesday, the U.S. Department of Justice announced.

  • August 3, 2017

    McGuireWoods Nabs DLA Piper Connected Car Pro

    McGuireWoods LLP has picked up a former DLA Piper connected and automated car expert with a background in data and cybersecurity to handle regulatory and policy issues arising from its automotive practice for its San Francisco office.

  • August 3, 2017

    Job Website Smacked With Suit Over Unsolicited Texts

    Consumers hit a job-placement website with a proposed class action in Florida federal court Wednesday alleging that the business robotexts unsolicited messages as part of a widescale telemarketing campaign that violates the Telephone Consumer Protection Act.

  • August 3, 2017

    PC Richard Escapes Suit Over ID-Exposing Receipts

    A New York federal judge Thursday tossed a case accusing P.C. Richard & Son of exposing customers to identity theft and credit card fraud by printing too much card information on receipts, citing the Supreme Court's landmark Spokeo ruling and saying the proposed class lacks standing because it alleges a risk of theft but no concrete injury.

  • August 3, 2017

    Couple Settles Wiretap Act Suit Over Email Snooping

    An Illinois federal jury won’t get to debate whether a wife’s alleged use of an auto-forwarding rule to snoop in her husband’s email constitutes a violation of the Wiretap Act, as the now-divorced couple settled their suit Wednesday.

  • August 3, 2017

    Auto Insurers Worry Laws Falling Behind Driverless Trend

    International regulators need to urgently deal with the challenges that insurers and consumers are expected to face as drivers transition from the use of computer-assisted vehicles to those that are automated and driverless, an insurance expert said on Thursday.

  • August 2, 2017

    State AGs Press High Court To Take On Microsoft Warrant Row

    A bipartisan coalition of nearly three dozen state attorneys general has urged the U.S. Supreme Court to review the Second Circuit’s refusal to allow the federal government to access consumer data stored overseas by service providers such as Microsoft, arguing that the ruling is allowing businesses to unfairly dodge an obligation to cooperate in criminal probes.

  • August 2, 2017

    Travelers' Win Deepens Divide Over Computer Fraud Coverage

    A Michigan federal judge ruled Tuesday that Travelers doesn't have to cover a tool manufacturer's losses from an email-based theft scheme, giving insurers more ammunition to argue that computer fraud insurance doesn't apply to multistep scams and deepening a divide among the nation's courts on the scope of such policies.

  • August 2, 2017

    Expert Rips Gov't Evidence As Click Fraud Trial Nears End

    An Italian man accused of running a worldwide “click fraud” scam opted not to take the stand in his own defense as both sides rested their cases Wednesday, relying upon a cybersecurity professional to cast doubt on the government’s claim that anything of value was actually taken.

  • August 2, 2017

    Senate Bill Would Up Internet Of Things Device Security

    Four U.S. senators on Tuesday introduced bipartisan legislation that aims to boost the security of devices connected to the growing internet of things by forcing manufacturers that sell these products to the government to meet several minimum security requirements, including ensuring that their devices are patchable and don't use hard-coded passwords.

  • August 2, 2017

    GSA Chooses 10 Companies For $50B Telecom Services Deal

    The U.S. General Services Administration has awarded AT&T, Verizon and eight other companies slots on a new $50 billion, government-wide telecommunications and information technology services contract, it announced Tuesday.

  • August 2, 2017

    Sens. Demand Info About Law Enforcement Use Of Stingrays

    A bipartisan group of senators asked the U.S. Department of Justice on Tuesday to cough up more details about how the so-called Stingray devices it uses work and how the general public is affected, saying the courts need to be fully informed in order to best supervise law enforcement’s use of this technology to track cellphone locations.

  • August 2, 2017

    TWC, Consumers Largely Denied Requests In TCPA Litigation

    A New York federal judge on Tuesday rejected Time Warner Cable Inc.’s constitutional challenge to the Telephone Consumer Protection Act in a pair of proposed class actions over allegedly unsolicited calls, but also held that the consumers leading one of the suits hadn’t yet conclusively established that the system used for some of the calls was an autodialer.

  • August 2, 2017

    Parents Sue Game Developer Over Collecting Kids' Data

    Parents hit developers of the mobile app Subway Surfers on Monday with a suit claiming the game, which reportedly has been downloaded more than a billion times, collects data from their children and sells it to advertisers without parental consent.

  • August 2, 2017

    Accidents Still Causing Many Data Breaches, Says UK Insurer

    While the rapid growth in ransomware attacks has grabbed the headlines, carelessness remains nearly tied with malice as a cause of data breaches, a U.K. specialist insurer said Tuesday.

  • August 2, 2017

    Darden Dodges Suit Over Expiration Dates On Receipts

    A consumer has agreed to drop a proposed class action accusing Darden Restaurants Inc., which operates chains like Olive Garden and LongHorn Steakhouse, of violating the Fair and Accurate Credit Transaction Act by including payment card expiration dates on patrons’ receipts, according to a Tuesday filing in Florida federal court.

  • August 2, 2017

    Rising Star: Covington & Burling's Elizabeth Canter

    Covington & Burling LLP partner Elizabeth Canter has had a hand in helping a range of companies navigate the tricky privacy and regulatory issues that are increasingly popping up in major transactions, including Microsoft's $8.5 billion acquisition of video call service Skype, earning her a spot as one of four cybersecurity and privacy practitioners under 40 honored by Law360 as Rising Stars.

  • August 1, 2017

    HBO Cyberattack Shows Need To Secure ‘Crown Jewels’

    HBO this week announced a recent cyberattack that may have compromised a “Game of Thrones” script and other programming materials, highlighting hackers' growing appetite for more than just the sensitive consumer data they typically target, but for companies’ “crown jewel” intellectual property too.

Expert Analysis

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • How Cyberattacks Are Changing The Health Care Landscape

    David Saunders

    Recent cyberattacks have spurred the health care industry to engage in a difficult, but necessary self-evaluation of whether it is ready for the next attack. David Saunders and Heidi Wachs of Jenner & Block examine some developments in the aftermath of these ransomware attacks and one lesson the industry still has to take notice of.

  • Growing Demand For Mediation Of Data Breach Disputes

    Kenneth Rashbaum

    Most disputes that arise from breaches of information have their roots in agreements between the parties as to how that information would be maintained. More and more contract drafters are including some form of alternative dispute resolution in those agreements, says Kenneth Rashbaum of Barton LLP.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Connecting The FBI’s Cyber Agents With Its Brick Agents

    Richard Frankel

    When I joined the FBI in 1995, it was the early days of a new breed of agent — this "cyber agent" chased criminals in cyberspace, in an agency dominated by “brick agents,” who chased criminals on the streets. Today applicants with cyber expertise are among the highest-priority hires. But many are not trained in vital interpersonal communication, says Richard Frankel, co-head of Ruskin Moscou Faltischek PC's cybersecurity and data ... (continued)

  • The Do's and Don’ts Of Minimizing Risk For TCPA Liability

    Joshua Briones

    Uber's recent Telephone Consumer Protection Act settlements come after a long string of similar actions plaguing businesses across the nation. Each settlement, including those like the ones Uber is currently finalizing, serves to embolden private plaintiffs and their counsel, say Joshua Briones and Crystal Lopez of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Role Of Insurance In A Cyber Risk Management Strategy

    James E. Scheuermann

    Though it is rare for corporate insureds to treat cyber insurance as the whole of their cyber risk management plans, many insureds make a closely related and potentially equally serious mistake — they treat cyber insurance as a distinct and independent silo in their strategy, says James E. Scheuermann of K&L Gates LLP.

  • 4 Things To Remember About Refill Reminder Compliance

    David Glynn

    Specialty pharmacies, drug manufacturers and other members of the health care industry involved in refill reminder programs should be mindful that, while such programs are expressly permitted under the Health Insurance Portability and Accountability Act, HIPAA does not endorse an “anything goes” approach. Attorneys with Holland & Knight LLP discuss what to keep in mind when structuring these programs.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.