Cybersecurity & Privacy

  • January 1, 2018

    Cybersecurity & Privacy Cases To Watch In 2018

    The U.S. Supreme Court is gearing up to decide a pair of blockbuster privacy disputes that will set the bar for access to cellphone location records and data stored overseas, while lower courts will have their hands full with the continued fallout from the high court's Spokeo decision and the scope of the Federal Trade Commission's data security authority. Here, cybersecurity and privacy attorneys flag several litigation fights that will bear watching in 2018.

  • January 1, 2018

    Retail Developments To Watch In 2018

    Retailers have survived another hectic holiday gifting season, but 2018 already is shaping up to keep them plenty occupied, from litigation seeking to let states collect sales tax from online retailers, to efforts by lawmakers to keep up with ever-increasing privacy and data security concerns. Here, Law360 looks at some of the most important cases, legislation and regulations retail experts will be keeping an eye on in the coming months.

  • January 1, 2018

    Cybersecurity & Privacy Predictions For 2018

    Some of the biggest privacy and cybersecurity buzzwords from the past year will only continue to grow in prominence in 2018, with attorneys predicting a further expansion of an already complex data breach landscape, more attention being paid to internet-connected devices, and even more additions to an already vast global patchwork of laws. 

  • January 1, 2018

    The 4 Hottest Practice Areas For 2018

    A few practice areas are set to skyrocket in 2018, launching the law firms that are poised to take advantage of client demand in those arenas to a whole new level. Here, Law360 looks at four of the hottest up-and-coming practice areas right now.

  • January 1, 2018

    2018 Is The Year Fintech Is Forced To Grow Up

    The year ahead could finally be the year of maturity for London's nascent fintech sector, lawyers say, as a deluge of regulation designed to open competition between the upstarts and the traditional financiers promises to put both on a more level playing field. Here, experts look at the four biggest challenges facing fintech firms in 2018.

  • January 1, 2018

    The Biggest Telecom Developments To Watch In 2018

    With an uptick in media mergers, a Federal Communications Commission agenda that’s laser-focused on deregulation and an impending court battle over net neutrality, major shake-ups are looming on the horizon for the telecom industry.

  • January 1, 2018

    California Legislation And Regulation To Watch In 2018

    California lawmakers are likely to spend 2018 responding to workplace sexual harassment scandals in Hollywood and beyond, as well as the potential privacy dangers of internet-connected devices, flexing a Democratic supermajority to maintain the state's reputation for cutting-edge employment and consumer protection laws, experts told Law360.

  • January 1, 2018

    5 Cybersecurity And Privacy Policies To Watch In 2018

    Sweeping European data protection reforms that will echo around the globe, an opaque new cybersecurity law coming into force in China, and enforcement decisions made by a Republican-led Federal Trade Commission head policy watchers' list of cybersecurity and privacy regulations to keep an eye on in 2018.

  • January 1, 2018

    Hospitality Cases To Watch In 2018

    Lawyers with hotel, restaurant and other clients in the hospitality business say 2018 will see them once again grappling with topical concerns involving data breaches, sexual harassment and crisis management, labor disputes and disruptive online platforms along with trends that are more industry-specific such as hotel management agreements. Here are the cases and trends to watch in 2018.

  • December 22, 2017

    Ill. Biometric Privacy Suits Must Claim Actual Harm, Court Says

    An Illinois state appeals court in a dispute involving the allegedly unlawful collection of fingerprints from a Six Flags season pass holder ruled Thursday that plaintiffs must claim some actual harm in order to be considered an “aggrieved person” covered by the state’s unique Biometric Information Privacy Act.

  • December 22, 2017

    Dominican National Gets 2 Years, Removal For Fake-ID Plot

    A Dominican national will serve two years in prison before being deported for dealing Puerto Rican citizens legal documents in a scheme with Massachusetts state employees to sell fraudulent identification cards, a Boston federal judge decided Thursday.

  • December 21, 2017

    Spokeo Standing Row Doesn't Need A Redo, High Court Told

    The man suing Spokeo for allegedly reporting inaccurate information about him on Wednesday urged the U.S. Supreme Court to refrain from taking up the dispute over Article III standing for a second time, arguing that the high court had made clear what harm was necessary for standing in its ruling in the case last year.

  • December 21, 2017

    Mastercard Won't Turn Over Transaction Info In Alexsam Spat

    Mastercard International Inc. on Wednesday blasted Alexsam Inc.’s request for cardholder and transaction information related to its debit cards, telling a Brooklyn federal judge that the request is overbroad and that the information is unrelated to a dispute over royalties for technology used in gift cards.

  • December 21, 2017

    The Biggest Med Mal Decisions And Verdicts Of 2017

    Record jury awards and major court rulings caught the attention of medical malpractice attorneys in 2017, including a Florida Supreme Court decision boosting patient privacy rights and another barring caps for noneconomic damages, a U.S. Supreme Court ruling affecting nursing homes, and a $62 million verdict in the nation’s smallest state.

  • December 21, 2017

    CFPB Delays Prepaid Card Regulation's Effective Date

    The Consumer Financial Protection Bureau on Thursday said it plans to make changes to a rule governing the prepaid card market and further extend the compliance date so that card issuers have more time to prepare for those changes.

  • December 21, 2017

    Congress Passes Temporary Funding, Avoids Shutdown

    Congress passed legislation Thursday to avoid a federal government shutdown over the holidays, dodging contentious issues such as immigration in a bill that would allow spending to continue through Jan. 19.

  • December 21, 2017

    BuzzFeed Needn't Disclose Trump Dossier Source: Judge

    A Florida federal judge denied a bid Thursday to force BuzzFeed News to disclose its source for a dossier claiming the Russian government has compromising information on President Donald Trump and that a Russian tech executive's companies helped target Democratic leaders' computers.

  • December 21, 2017

    Arbitrators Can't Demand Third-Party Docs, 9th Circ. Says

    The Ninth Circuit on Thursday upheld a lower court’s ruling that two pharmacies couldn’t subpoena sealed court documents from a suit against Express Scripts Inc. for their antitrust arbitration with CVS Health, saying that the Federal Arbitration Act does not grant the power to compel documents from third parties.

  • December 21, 2017

    Where 5 Top MDLs Stand At The End Of 2017

    Multidistrict litigation dockets sizzled in 2017 with a spate of notable bellwether trials and a handful of attention-grabbing settlements, as well as centralization of litigation over some of the year’s biggest corporate scandals.

  • December 21, 2017

    Feds Get FOIA Suit Over AT&T Contract Trimmed

    A Vermont federal judge on Wednesday trimmed most of the claims in a Freedom of Information Act suit accusing the U.S. Department of Commerce of improperly denying documents related to a nationwide wireless network contract awarded to AT&T, but upheld one claim alleging the agency failed to complete an appropriate privacy impact assessment.

Expert Analysis

  • Roundup

    Judging A Book

    Gorsuch: The Judge Who Speaks For Himself

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Applying Privacy Laws To Health Info About Opioid Use

    Patricia Markus

    The U.S. Department of Health and Human Services recently released guidance explaining when health care providers may share protected health information with family or friends of a patient in crisis, such as following an opioid overdose. However, some may find the guidance less than clear, says Patricia Markus of Nelson Mullins Riley & Scarborough LLP.

  • Opinion

    Trump Campaign Officials Likely Violated CFAA

    Peter Toren

    The publicly available evidence strongly suggests that certain Trump campaign officials had knowledge that Russian hackers had penetrated the Democratic National Committee computer system before this became publicly known, and sought political benefit from this. If that is true, there is probable cause to charge Trump officials, and maybe the president himself, with felony violations of the Computer Fraud and Abuse Act, says former... (continued)

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.