Cybersecurity & Privacy

  • June 6, 2017

    NJ Hospital Hit With Privacy Suit Over Fitness Center Ads

    Hackensack University Medical Center has been hit with an invasion of privacy suit in New Jersey state court by a woman alleging a staffer at its fitness and wellness center forged her signature on a document that purportedly allowed her photos to be used on pamphlets and a billboard advertising the facility.

  • June 6, 2017

    Spokeo Dooms J. Crew Receipt Suit, Judge Says

    A New Jersey federal judge again tossed a proposed class action accusing J. Crew of printing too many credit card digits on customer receipts, determining Tuesday that a consumer didn't sufficiently allege a concrete injury under the U.S. Supreme Court’s landmark Spokeo decision and a subsequent Third Circuit ruling.

  • June 6, 2017

    Yahoo Investor Can’t Nix $4.8B Verizon Deal Ahead Of Vote

    A California judge rejected a Yahoo investor’s eleventh-hour bid to block Thursday’s shareholder vote on the company’s $4.83 billion sale to Verizon, saying Tuesday that evidence in the putative class action indicating executives did nothing to stop massive data hacks was interesting, but “really most appropriate for a trial.”

  • June 6, 2017

    China Cybersecurity Law Raises Trade Concerns: Tech Group

    The Computer & Communications Industry Association told the president’s National Economic Council on Monday that China’s new cybersecurity law could harm trade and might violate the country’s international commitments, saying the administration must urge China to change course on the “damaging” policies.

  • June 6, 2017

    Microsoft Faces EU Antitrust Complaint From Antivirus Firm

    A Russian cybersecurity software provider said Tuesday it has asked European antitrust enforcers to investigate Microsoft Corp. for abusing the dominance of its Windows operating system to promote its own antivirus program.

  • June 6, 2017

    Sloan Kettering Secures Sanctions In Drug IP Case

    A New York magistrate judge sanctioned a biopharmaceutical company and its counsel Monday for using protected information from its now-dismissed lawsuit against the Sloan Kettering Institute for Cancer Research over gene therapy patent rights to file suits in other courts, saying this behavior clearly violated a court order.

  • June 5, 2017

    MDLive App User Drops Data-Sharing Class Action

    MDLive on Monday touted a Utah woman's voluntary dismissal of her putative class action after the Florida-based telehealth provider pointed out that its user contract disclosed what she alleged was a secret practice of capturing screenshots of patients’ sensitive personal data and transmitting them to a third party.

  • June 5, 2017

    Dish Hit With $280M Penalty In TCPA Suit By Feds, States

    An Illinois federal judge permanently blocked Dish Network from making illegal calls in violation of do-not-call laws on Monday and simultaneously awarded $280 million to the federal government and the states of California, Illinois, North Carolina and Ohio.

  • June 5, 2017

    White House Won't Block Comey's Congressional Testimony

    President Donald Trump won’t use executive privilege to prevent recently fired FBI Director James Comey from testifying before the Senate later this week about his probe into Russian interference in the 2016 presidential election, the White House announced Monday, citing a desire for a “swift and thorough” investigation.

  • June 5, 2017

    Hacker Sentenced To Almost 5 Years For Phishing Scheme

    A Cameroonian citizen has been sentenced to nearly five years in prison for phishing campaigns that targeted clients of travel-booking service companies Travelport and Sabre, leading to the fraudulent issuance of more than $2 million worth of airline tickets, prosecutors announced Monday.

  • June 5, 2017

    State AGs Warn FCC Against ‘Ringless’ Robocall Voicemails

    The attorneys general of Massachusetts, New York and Kentucky wrote together in a filing Friday that the Federal Communications Commission must refuse a request to allow robocalls to be sent directly to consumers’ voicemails without their phones ringing, saying consumers will be abused.

  • June 5, 2017

    'Professional' Junk Fax Litigants Ripped Over Possible Perjury

    An Illinois federal magistrate judge had harsh words Friday for attorneys in a $200 million Telephone Consumer Protection Act case against Allscripts, writing in a lengthy order denying class certification that the suing clinic and its attorneys may have committed perjury during discovery.

  • June 5, 2017

    Fla. Hospital Asks Justices To Take On Records Access Case

    A Florida hospital has asked the U.S. Supreme Court to weigh in on a case involving a Florida constitutional amendment that requires broad access to incident reports of adverse medical events for malpractice cases, arguing that the state amendment should not override a federal law that made this data confidential.

  • June 5, 2017

    Zurich Can't Exit TCPA Coverage Suit With Flooring Co.

    A Florida judge Monday denied Zurich American a quick win in its attempt to dodge coverage of a flooring business’ $2.1 million class action judgment for sending unsolicited faxes, saying the insurer had not proven late notice or lack of cooperation.

  • June 5, 2017

    Five Guys Burger Co. Hit With Wage, Background Check Suit

    A former Five Guys worker has accused the popular burger restaurant of flouting the Fair Credit Reporting Act and California law by conducting background checks on employees without properly notifying them and committing a number of wage and hour violations, including failing to provide required breaks, according to a proposed class action that landed in federal court Friday.

  • June 5, 2017

    Kasowitz Benson Adds Sideman Bancroft Defense Atty

    Kasowitz Benson Torres LLP has hired a Sideman & Bancroft LLP defense attorney experienced in privacy, data security and intellectual property disputes and appeals to join the firm’s investigations and white-collar defense team in its San Francisco office, Kasowitz Benson said Monday.

  • June 5, 2017

    GoDaddy Urges Class Cert. Denial Over Microsoft Office Sales

    Web hosting company GoDaddy.com has urged an Arizona federal judge to deny a business legal services provider’s motion for class certification in litigation accusing GoDaddy of selling Microsoft Office products lacking certain features, arguing that the claims raised are more suited to an individual action.

  • June 5, 2017

    High Court To Hear Cell Phone Data Collection Dispute

    The U.S. Supreme Court on Monday agreed to review a case that questions whether the government needs a warrant to access a person’s cell phone location history, after the Sixth Circuit in April 2016 ruled that the location data did not fall entirely under Fourth Amendment protection.

  • June 2, 2017

    Facebook Data After Death: German Court Ruling Stirs Debate

    This past week, various media outlets reported that a German appellate court had denied the parents of a deceased 15-year-old girl access to her Facebook account, and instead sided with the company’s argument that allowing access risked violating the privacy of users she communicated with on the platform.

  • June 2, 2017

    3 Found Guilty Of Bid-Rigging At Foreclosure Auctions

    A California federal jury convicted three men Friday of rigging bids at foreclosure auctions in the San Francisco Bay Area, a verdict that came nearly a year after the judge overseeing the case refused to block government evidence gathered from hidden microphones placed without a warrant.

Expert Analysis

  • How Employee Data Habits Can Increase Corporate Legal Risk

    David Horrigan

    In our daily work lives, we see a fair amount of anecdotal evidence indicating many of us engage in workplace behaviors that put our personal privacy and company data at risk. However, the results of a recent survey provide a more definitive look at how the era of big data for employees could lead to big risk for employers, says David Horrigan, e-discovery counsel at kCura LLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Why Oregon Lawmakers Are Shielding Cannabis Buyers’ Data

    Kayla Matthews

    Oregon lawmakers have given new privacy protections to people buying cannabis in the state. While customers must still show identification to prove they are of legal age to buy the drug, dispensaries will no longer be able to permanently retain identifying data. The new bill pushes back against the Trump administration's hints of renewed enforcement of federal laws against marijuana, says Kayla Matthews.

  • Victory For 'Drone Slayer' Puts State Laws In Spotlight

    William O'Connor

    A Kentucky federal judge recently dismissed a lawsuit against a man who shot down a drone that he believed was flying over his own property in 2015. The ruling leaves open many questions concerning aerial trespass and federal authority, and may become more important as states and municipalities consider drone-related legislation, say attorneys from Morrison & Foerster LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Navigating Bid Protests Caused By DOD Cybersecurity Rules

    Robert Metzger

    The challenges faced by contractors in implementing new U.S. Department of Defense cybersecurity requirements are likely to result in adverse agency evaluations of proposals, which will form the basis for bid protests. Perceived defects in an awardee’s cybersecurity are also certain to be exploited by unsuccessful offerors seeking fodder for bid protests, say attorneys with Rogers Joseph O'Donnell PC.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.