Cybersecurity & Privacy

  • December 20, 2017

    Nursing Home Can't Access Patient Docs On Own, Judge Says

    A Maryland federal judge on Wednesday refused to allow a skilled nursing facility to communicate with health care providers who treated a deceased man at the center of a wrongful death suit without his stepdaughter’s permission or without her counsel being present, rejecting the argument that the move was necessary to create a more level playing field.

  • December 20, 2017

    Banner Health Shakes Contract Claims In Data Breach Row

    An Arizona federal judge on Wednesday trimmed a putative class action over a 2016 data breach at Banner Health, ruling that while plaintiffs had standing to bring the suit, they could not move forward with their contract-related claims because they had failed to prove that the health care provider had promised to maintain superior data security.

  • December 20, 2017

    Ex-Journalist Gets 5 Years For Cyberstalking, Bomb Threats

    A disgraced former journalist was sentenced in Manhattan federal court on Wednesday to five years in prison for cyberstalking his ex-girlfriend and making bomb threats in her name to Jewish Community Centers, the Anti-Defamation League and other organizations serving Jewish communities in New York and elsewhere.

  • December 20, 2017

    DHS Hit With FOIA Suit Over Expedited Removal Procedures

    The U.S. Department of Homeland Security is being sued under the Freedom of Information Act for documents explaining its procedures and policies concerning expedited removal of people suspected of being undocumented immigrants, according to a complaint filed Tuesday in California federal court by a nonprofit investigative journalism group.

  • December 20, 2017

    Twitter Escapes TCPA Claims After Plaintiff Drops Case

    A recipient of unwanted text message tweets has agreed to drop her proposed class action accusing Twitter Inc. of violating the Telephone Consumer Protection Act by sending hundreds of messages to users of recycled cellphone numbers, according to Tuesday’s joint filing in California federal court.

  • December 20, 2017

    Top Cybersecurity & Privacy Developments Of 2017

    Cybersecurity and privacy attorneys had their hands full in 2017 keeping track of a slew of legal and policy developments, including global cyberattacks that hit DLA Piper and a range of other organizations, massive breaches that put the spotlight on the data security practices at companies such as Equifax, and a crush of conflicting decisions on when privacy plaintiffs should be allowed in the courthouse door.

  • December 20, 2017

    Public Can't Access Christie's Town Lists, NJ Panel Says

    Certain documents used by a New Jersey government office unit that came under scrutiny when the George Washington Bridge scandal erupted in 2014 are shielded from public access even though the office has since been disbanded, a state appeals panel ruled Tuesday.

  • December 20, 2017

    Debt Collector Hit With TCPA Suit Over Robocalls

    A debt collector was hit with a proposed class action in Pennsylvania federal court Tuesday over allegations that it violated the Telephone Consumer Protection Act by autodialing the cellphones of consumers who had no existing debt themselves, but who had friends or relatives with existing debt.

  • December 19, 2017

    WhatsApp Gets French Warning Over Facebook Data Sharing

    France's data protection regulator warned WhatsApp on Monday that its sharing of users' data with parent company Facebook for "business intelligence" purposes was unlawful and said it would move to fine the messaging app if it didn't address these concerns within a month.

  • December 19, 2017

    Cybersecurity Co. Brings Defamation Suit Against Condé Nast

    Chicago-based cybersecurity company Keeper Security Inc. sued Condé Nast and its technology magazine Ars Technica along with the magazine’s security editor in Illinois federal court on Tuesday, claiming an article run on Ars Technica’s website last week defamed the company by including “misleading" information about the company, thereby harming it.

  • December 19, 2017

    Germany Rules Facebook's Data Collection An Antitrust Issue

    Germany's antitrust watchdog accused Facebook Inc. on Tuesday of abusing its dominance by forcing its users to agree to privacy conditions that allow the social network to "limitlessly amass" data from its other services as well as outside websites using Facebook's marketing tools.

  • December 19, 2017

    EPIC Denied Access To Russian Election Meddling Report

    A D.C. federal judge has kept sealed a "highly classified" version of an Office of the Director of National Intelligence report analyzing Russian efforts to influence the 2016 U.S. presidential election, rejecting the Electronic Privacy Information Center's bid to have it released under the Freedom of Information Act.

  • December 19, 2017

    More BigLaw Firms Seeing Data Breaches

    More lawyers are reporting firm data breaches, and while unauthorized access to client data is slightly down, BigLaw firms have been hit the hardest in this area, according to the American Bar Association’s latest technology report.

  • December 19, 2017

    SEC Temporarily Halts Trading On Red-Hot Blockchain Co.

    The U.S. Securities and Exchange Commission on Tuesday temporarily suspended trading in shares of The Crypto Co., a Malibu, Calif.-based digital currency-oriented tech firm that has seen its stock price surge more than 2,000 percent since the start of November.

  • December 19, 2017

    Trump Security Plan's 5G Stance Is Key, Wireless Group Says

    The U.S. wireless industry's primary trade group Monday praised the Trump administration for including wireless communications and infrastructure improvements among priorities laid out in a national security strategy outline released this week, saying advances in next-generation wireless technology will help the U.S. establish itself as the global leader in 5G technology.

  • December 18, 2017

    Health Care Fixes, FISA, CHIP Tacked To Gov't Funding Talks

    The Senate's top Republican said Monday that year-end funding talks for the federal government will include a host of other issues, ranging from child health insurance to individual health care market fixes, intelligence authorities and additional disaster funding.

  • December 18, 2017

    Sonic Drive-In Chain Hit With Class Action Over Data Breach

    Iconic American drive-in restaurant chain Sonic was hit with a class action in Illinois federal court on Friday, alleging the restaurant did not safeguard its customer credit card data, and as a result the data is being sold on the black market.

  • December 18, 2017

    Wendy's Customers Seek Class Cert. In Data Breach Row

    Customers suing fast-food chain Wendy's over a data breach asked a Florida federal judge on Friday to grant them class certification, saying all their payment cards were compromised and possibly subject to the same risks of fraud and identity theft.

  • December 18, 2017

    Kaspersky Lab Sues White House Over Software Ban

    Moscow-based antivirus firm Kaspersky Lab sued the White House in D.C. federal court Monday, claiming that a U.S. Department of Homeland Security order banning the company from U.S. government computer systems violated its due process rights.

  • December 18, 2017

    Dish Network Says It Can't ID Consumers Owed $61M Award

    Dish Network told a North Carolina court Friday that it can’t start doling out a $61 million award to consumers blasted with illegal telemarketing calls by the company's dealer because the vast majority can’t be properly identified, arguing a flawed data analysis risks putting money in the pockets of people who aren’t class members.

Expert Analysis

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • CFPB Financial Data Principles: Whose Data Is It Anyway?

    David Beam

    The Consumer Financial Protection Bureau recently released guidance addressing consumer protection principles for consumer-authorized financial data sharing and aggregation. Attorneys with Mayer Brown LLP discuss what the new guidance entails and what it may mean for consumers, fintech companies and the financial services industry.

  • 6 Ways Employees Can Breach An Employer’s Data Security

    Arthur Lambert

    Every day, companies' information is transmitted by employees on company-owned and personal electronic devices. While there are numerous technical things a company should do to protect its data, some items should be communicated to employees so they can help protect information and be more aware of the ways breaches can occur, says Arthur Lambert of Fisher Phillips.

  • 3 Recent Bid Protest Decisions You Should Know About

    Thomas McLish

    Three October bid protest decisions from the U.S. Court of Federal Claims and the Government Accountability Office — in Sonoran, IPKeys and CliniComp — may affect how government contractors approach the proposal and protest process, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Populist Pitchforks Come Out: Insider Trading And Equifax

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    Following the theft of data relating to about half the adult population of the United States, Kevin Coen, former securities and treasury counsel with Johnson Controls International, explores whether there is a basis to charge any of the Equifax executives with insider trading and highlights some lessons for practitioners.

  • The Potential Effect Of Data Portability Under GDPR

    José Vega

    While many aspects of the EU's General Data Protection Regulation may be causing consternation in boardrooms around the world, one particularly innovative provision could benefit individuals and businesses alike by leveling the competitive playing field — the right to data portability, say José Vega and Amy Puckett of Bradley Arant Boult Cummings LLP.

  • Connected Products For Kids: Compliance Beyond COPPA

    J. Nicci Warr

    Manufacturers of "smart" products that collect, transmit or store data related to a child should be aware that, while compliance with the Children's Online Privacy Protection Act is crucial, other federal and state laws may also apply — and are likely to be strictly enforced when children’s personal information is at issue, says J. Nicci Warr of Stinson Leonard Street LLP.