Cybersecurity & Privacy

  • October 3, 2017

    Senate Dems Roast Wells Fargo CEO Over Accounts Scandal

    Wells Fargo & Co. CEO Tim Sloan faced questions from Senate Democrats about whether he should be fired, whether the bank would enforce arbitration agreements on customers who had been the victim of the bank’s fake accounts scandal and whether Wells Fargo should have its charter revoked at a raucous Senate hearing on Tuesday.

  • October 2, 2017

    Food Co. Hit With Class Action Over Employee Fingerprinting

    A group of employees at an Illinois-based packaged food product manufacturer are suing their employer in state court, claiming the company's collection of worker fingerprints for time-tracking purposes violates the state's biometric information privacy law.

  • October 2, 2017

    Ex-Mass. RMV Clerks To Plead Guilty Over Fake ID Scheme

    Four ex-Massachusetts Registry of Motor Vehicles clerks and a co-conspirator have agreed to plead guilty in connection to allegations that they participated in a scheme to produce fake identification documents for undocumented immigrants, the U.S. District Attorney’s Office for the District of Massachusetts announced Monday.

  • October 2, 2017

    Justices Won't Hear Fla. Hospital's Records Access Case

    The U.S. Supreme Court refused Monday to wade into a dispute challenging a Florida constitutional amendment that requires broad access to incident reports of adverse medical events for malpractice cases.

  • October 2, 2017

    Spokeo Dooms UPS Background Check Suit, Judge Rules

    A rejected applicant to UPS Inc. can’t sustain a proposed Fair Credit Reporting Act class action over the company’s alleged failure to disclose background check results because he got his report from another source and so was not harmed per the U.S Supreme Court’s Spokeo decision, a Florida federal judge said Monday.

  • October 2, 2017

    Equifax Failed To Fix Security Flaw In March, Ex-CEO Says

    Equifax learned in March of the vulnerability that allowed hackers to access the sensitive personal data of what the company now says was 145.5 million individuals, but failed to patch the flaw that led to the cyberattack that went undetected for more than two months, its former CEO will tell a House committee Tuesday. 

  • October 2, 2017

    Waffle House Wants Applicant Background Check Suit Tossed

    Waffle House asked a Florida federal judge on Friday to toss a putative class action over its alleged practice of conducting background and credit checks on potential hires, arguing the applicants cannot show any actual injury or that it had conducted any searches without a permissible purpose.

  • October 2, 2017

    Justices Won't Hear 2nd Appeal Of Online Threat Conviction

    The Supreme Court will not review the reinstated conviction of a Pennsylvania man who threatened his estranged wife via Facebook and whose initial conviction was overturned by the high court two years ago, it said Monday.

  • October 2, 2017

    Pfizer Loses Bid To Stop Rebate Disclosures To Lawmakers

    Pfizer Inc. fell short of proving the disclosure of its drug pricing and rebate information to two state legislators by the Texas Health and Human Services Commission was a violation of the Federal Medicaid Confidentiality Provision, a federal judge in Texas found on Friday, denying the pharmaceutical giant's bid for an injunction against the commission.

  • October 2, 2017

    US Nets $48M From Forfeited Silk Road Bitcoins

    The mastermind behind the defunct deep web market Silk Road who is serving a life sentence after federal prosecutors shut down the illegal drug website has given up a four-year struggle and forfeited $48 million in Bitcoin proceeds, authorities said Friday.

  • October 2, 2017

    SEC Says Personal Info Was Accessed In EDGAR Hack

    The U.S. Securities and Exchange Commission on Monday said the Social Security numbers and other personally identifiable information of at least two individuals were obtained in the 2016 hack of a key data system, after initially claiming that it did not believe such information was accessed.

  • September 29, 2017

    Privacy Fights To Watch At The Supreme Court

    The U.S. Supreme Court is gearing up to decide a blockbuster case that has the potential to reshape the way individuals' location data is used, and more may be added to the docket as the justices weigh whether to tackle issues like overseas data access and the standard of harm that consumers must meet to bring privacy suits. Here, experts flag the top disputes they'll be keeping an eye on this term.

  • September 29, 2017

    Lakers Can't Undo TCPA Coverage Loss, Insurer Tells 9th Circ.

    Federal Insurance Co. urged the full Ninth Circuit on Friday not to review a panel decision that the Los Angeles Lakers aren't covered for underlying claims that the team sent nuisance texts to Lakers fans.

  • September 29, 2017

    Apple Reveals Record Number Of National Security Requests

    Apple received its largest-ever number of national security-related requests for access to data in the first half of 2017, the technology giant revealed Thursday, amid a broader debate over the pending renewal of certain surveillance powers by Congress.

  • September 29, 2017

    GameStop Hit With Class Action Over Data Breach

    A putative class action suit filed Friday against video game retailer GameStop alleges inadequate cybersecurity led to the theft of an unknown number of customers’ credit and debit card numbers during a six-month-long data breach.

  • September 29, 2017

    Chicago Becomes Second Major City To Sue Equifax

    The city of Chicago on Thursday became the second major city to sue credit reporting agency Equifax after the company announced a massive data breach earlier this month that affected 143 million Americans and an estimated 5.4 million Illinoisans.

  • September 29, 2017

    FX Can't Toss Olivia De Havilland's ‘Feud’ Portrayal Suit

    Olivia de Havilland beat back an anti-SLAPP motion from FX Networks in her lawsuit over its “Feud: Bette and Joan” series on Friday when a California judge found the 101-year old actress provided sufficient evidence to support a claim that certain scenes portrayed her in a false light.

  • September 29, 2017

    EPA Must Look For More Docs About Weed Killer, Judge Says

    The U.S. Environmental Protection Agency was ordered Thursday to look for more documents applicable to the Center for Biological Diversity’s request for information about the approval of Dow AgroSciences LLC’s weed killer Enlist Duo after a Washington, D.C., federal judge deemed the agency’s initial searches inadequate.

  • September 29, 2017

    Small Biz To Get More Cyber Info Under Senate-Passed Bill

    The National Institute of Standards and Technology would have to disseminate more information to smaller firms about its new cybersecurity standards under a bill passed by the Senate Thursday.

  • September 29, 2017

    ESPN App User Backed By Privacy Watchdog In 9th Circ. Row

    Privacy watchdog the Electronic Privacy Information Center on Thursday backed up an app user accusing ESPN of running afoul of the Video Privacy Protection Act, arguing before the Ninth Circuit that Congress gave consumers standing to sue when it enacted the law.

Expert Analysis

  • What's Changed Under Delaware's New Data Breach Law

    William Denny

    For the first time in 12 years, Delaware has updated its data breach disclosure law, joining a small but growing number of states that impose data security requirements on persons conducting business in the state and owning, licensing or maintaining personal information of residents, says William Denny of Potter Anderson & Corroon LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • Uber Finds Out Just How Serious FTC Is About Privacy

    Sheila Millar

    Uber recently joined the growing number of companies that have agreed to Federal Trade Commission consent orders obligating stringent auditing and reporting requirements. In previous cases, the FTC has imposed such requirements for shorter periods, but where it has found privacy breaches to be particularly egregious, it hasn't been shy about imposing detailed and extensive conditions, says Sheila Millar of Keller and Heckman LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Legal Considerations After SEC's Warning Shot At ICOs

    Robert Crea

    In the midst of market excitement surrounding initial coin offerings, the U.S. Securities and Exchange Commission recently issued an investigative report warning that digital tokens may be securities. When a token is a security, a variety of legal considerations come into play, including the Investment Advisers Act, anti-money laundering and taxation, say attorneys with K&L Gates LLP.

  • Protecting The Privacy Of Privileged Internal Investigations

    Donna Fisher

    Despite the fact-dependent nature of privilege, complicated by the diversity of approaches across jurisdictions, corporations can take effective measures to best protect confidential attorney-client communications and attorney work product relating to internal investigations, say attorneys with Pepper Hamilton LLP.

  • Clarifying FCRA Stand-Alone Disclosure Rule At 7th Circ.

    Steven Pearlman

    The Seventh Circuit's recent decision in Groshek v. Time Warner Cable is a valuable win for employers, as it provides important guidance as to what does not constitute a concrete injury with respect to the Fair Credit Reporting Act stand-alone disclosure rule, say attorneys with Proskauer Rose LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.