Cybersecurity & Privacy

  • July 28, 2017

    British Businessman Drops Privacy Suit Against The FBI

    The British founder of industrial conglomerate Chagoury Group voluntarily dismissed claims that the FBI and other agencies leaked information to the LA Times tying him to fundraising efforts for Hezbollah, after a D.C. federal judge stipulated Friday that the businessman was never on a sanctions list.

  • July 28, 2017

    Sen. Reintroduces Bill To Bar IRS Rehiring Fired Workers

    Sen. Richard Burr, R-N.C., used a harsh report about the IRS rehiring former employees with prior conduct and performance concerns as a springboard Thursday to reintroduce a previously stalled bill that would prohibit the tax agency from rehiring anyone “removed for misconduct.”

  • July 28, 2017

    Why Int'l Arbitration Presents A Tempting Target For Hackers

    Cybersecurity should be top of mind in just about every legal practice area, but certain aspects unique to international arbitration — such as the typical presumption of confidentiality and the jet-setting nature of its practitioners — make it particularly susceptible to such threats. Here, Law360 takes a closer look at what makes international arbitration an especially attractive target for hackers, and what practitioners can do to fend off a potential cybersecurity incident.

  • July 28, 2017

    Rising Star: Gibbs Law Group's Andre Mura

    Andre Mura of Gibbs Law Group LLP knows there’s a push and pull between technological advancement and privacy, and in battling for the rights of consumers in fights with tech companies like Vizio and Lenovo, Mura has earned a spot as one of the top cybersecurity and privacy practitioners under 40 honored by Law360 as Rising Stars.

  • July 28, 2017

    House Committee Approves Self-Driving Vehicle Bill

    A U.S. House committee on Thursday unanimously passed a bill that would federally regulate self-driving vehicles, a proposal that defines the roles of federal and state governments, updates motor vehicle safety standards and establishes a National Highway Traffic Safety Administration council to handle issues related to autonomous vehicles.

  • July 27, 2017

    Sens. Push ECPA Reform Bill To Up Email, Location Privacy

    Sens. Patrick Leahy, D-Vt., and Mike Lee, R-Utah, on Thursday stepped up their long-running efforts to update the Electronic Communications Privacy Act, floating a proposal that would require warrants for access to emails and location data and ease gag orders that prevent service providers from divulging these requests.

  • July 27, 2017

    Con Caught With 'Summer 2016 Fraud Goals' Gets 4.5 Years

    Some 19-year-olds spend their summers hitting “squad goals,” fun adventures with friends, but Phyllistone Termine planned to spend his summer 2016 ticking off a list of "fraud goals," Florida prosecutors said Thursday as the teen received a four-and-a-half-year prison sentence for a $1 million theft.

  • July 27, 2017

    ‘Pokémon Go’ Maker Escapes Trespass Class Action, For Now

    A California federal judge Thursday threw out claims that “Pokémon Go” maker Niantic Inc. was responsible for players trespassing on private land, saying the putative class was too broad and the plaintiffs failed to show that purported damages exceeded the $5 million minimum required for federal subject matter jurisdiction.

  • July 27, 2017

    Seagate To Settle Phishing Scam With $5.75M In-Kind Deal

    Seagate Technologies LLC has agreed to a settlement that includes services valued at $5.75 million to end a proposed class action brought by workers who say that 12,000 employees and employee relatives suffered harm after a data phishing incident last year, according to a settlement proposal filed in California federal court Thursday.

  • July 27, 2017

    Regulators Focused On Bad Actor Brokers

    Officials with the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority said Thursday they’ll be keeping an eye on broker-dealers in high-risk areas and encouraged firms to help them root out bad brokers and protect investors.

  • July 27, 2017

    A Disciplinary Wrist Slap For NY Atty With Stolen Shoes

    A New York lawyer who took stolen shoes from a man charged in a massive credit card scam and exchanged them at Nordstrom was censured Wednesday by a state appeals court.

  • July 27, 2017

    IRS Rehired Workers Accused Of Improperly Accessing Info

    The Internal Revenue Service has been rehiring former employees with prior conduct and performance concerns, some of whom had been investigated for unauthorized access to taxpayer information, according to a report released Thursday from a government watchdog.

  • July 27, 2017

    UK Law Firms Lost £3.2M To Cybercrime In 1st Quarter

    A report released by the regulator for lawyers in England and Wales shone a spotlight on the risk posed by cybercrime, with law firms reporting a record number of cyberthefts in the first quarter of 2017 that led to losses of £3.2 million (about $4.2 million).

  • July 27, 2017

    E-Currency Exchange Fined $110M, Charged With Laundering

    The federal government slapped digital currency exchange BTC-e with a $110 million fine and charged both the exchange and one of its operators with handling payments related to criminal activity like the hack against bitcoin exchange Mt. Gox, a move the U.S. Treasury Department on Thursday called its first action against a foreign money-services business.

  • July 27, 2017

    Vet Products Co. Not Covered For TCPA Suit, Judge Rules

    The Phoenix Insurance Co. need not defend veterinary products company Heska Corp. against class allegations that it sent unsolicited faxes in violation of the Telephone Consumer Protection Act, a Colorado federal judge held Thursday, because Heska's policies clearly barred coverage for claims over unwanted communications.

  • July 27, 2017

    Canadian Insurer Picked Wrong Court In TCPA Case: 7th Circ.

    The Seventh Circuit on Wednesday backed a lower court’s ruling throwing out a long-running suit between Saskatchewan Mutual Insurance and CE Design Ltd. over junk faxes that Saskatchewan Mutual’s insured sent to CE Design, affirming the district court’s ruling that it did not have jurisdiction to enforce a Canadian court’s judgment.

  • July 27, 2017

    NJ Ruling Could Spur Patient Suits Over HIPAA Violations

    A New Jersey appellate court’s decision to greenlight a suit accusing a doctor of unlawfully disclosing a patient’s HIV status could help other patients use invasion of privacy claims to go after providers for alleged violations of the Health Insurance Portability and Accountability Act, which doesn’t allow for private lawsuits, experts say.

  • July 26, 2017

    Leased Servers Raised Red Flags, 'Click Fraud' Jury Hears

    Prosecutors inched closer to linking an Italian citizen to a “click fraud” scheme during the second day of trial testimony Wednesday, calling on hack victims and web-hosting professionals to detail the servers the man allegedly leased and used to control hijacked computers.

  • July 26, 2017

    SquareTwo Fights Bids To Open Up Class Action Cases

    SquareTwo Financial Services Corp. on Tuesday asked a New York bankruptcy court to deny requests to lift its Chapter 11 litigation stay for a pair of suits alleging illegal debt collection practices, saying there is no money available for the plaintiffs.

  • July 26, 2017

    Activists Tell Congress, Either Reform Or Scrap Spy Law

    Privacy and internet advocacy groups Wednesday presented House leaders with a petition bearing more than 100,000 signatures demanding they either overhaul or abandon legislation that authorizes surveillance of non-U.S. persons’ communications abroad.

Expert Analysis

  • Blockchain's Potential Role In Admissibility Of Website Docs

    Kelce Wilson

    With a properly capable internet browser, legally significant documents that are found on the internet can be trusted to be intact, and therefore likely have greater evidentiary value — provided they had earlier been registered in the right kind of blockchain, says Kelce Wilson, counsel for Tenet3.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • The Risks In Making A Ransomware Payment

    John Reed Stark

    For many ransomware victims, paying the ransom can become the proverbial best worst option. But is it legal? There is little specific legal authority on the subject, so the legalities of payment and negotiation with ransomware attackers are worthy of some analysis, says John Reed Stark, president of John Reed Stark Consulting LLC.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Beware Export Controls On Software, Encryption, Technology

    Elsa Manzanares

    There is a common misconception that only military or very sensitive technology is subject to export controls. In fact, government controls are more common than one would expect — covering oil and gas related product specifications, electronics information, chemical formulas, design software, and a variety of other everyday items, say Elsa Manzanares and Michelle Schulz of Gardere Wynne Sewell LLP.

  • Time To Focus On Cybersecurity In Health Care

    Katherine Armstrong

    The urgent need to focus on the health care industry’s cyber health was thrown into the spotlight by the recent WannaCry global cyberattack. At the same time, there have been three important federal cybersecurity efforts that affect health care, say Katherine Armstrong and Lee Petro of Drinker Biddle & Reath LLP.

  • Policymakers Accelerate On Driverless-Car Cybersecurity

    Nancy Libin

    A uniform national framework for the cybersecurity issues implicated by autonomous vehicles is needed to supplant the numerous state laws and regulations that have sprung up in the absence of federal legislation. Secretary of Transportation Elaine Chao and Congress have an opportunity to provide just that, says Nancy Libin, a partner at Jenner & Block LLP and former chief privacy officer of the U.S. Department of Justice.

  • A Clear TCPA Win For Companies In 7th Circ.

    David Adler

    From a legal perspective, so far this year has been good to digital retail marketing companies and their clients. A recent decision from the Seventh Circuit on the Telephone Consumer Protection Act lends clarity around the issues of scope of consent to receive messages and conditions under which consent cannot be revoked, says David Adler of Adler Law Group LLC.

  • Rising Ransomware Threats And Their Insurance Solutions

    Robert Chesler

    Even if law firms acquire the most effective security software against rising threats like ransomware, no system is guaranteed to be secure and human error is always an issue. A tailored cyberpolicy is the most effective tool for addressing the financial, operational and reputational consequences of a ransomware attack, says Robert Chesler of Anderson Kill PC.