Cybersecurity & Privacy

  • April 20, 2018

    Senator Wants Fines, Tighter Leash On Facebook By FTC

    A Democratic senator is pushing the Federal Trade Commission to fine and tighten its oversight of Facebook in the wake of revelations that Cambridge Analytica harvested 87 million unwitting Facebook users’ data, while a privacy group is separately pressuring the commission to release the full versions of independent audits of Facebook’s privacy practices.

  • April 20, 2018

    Fla. Can Shield Insurance Program From Public Records Law

    A Florida appeals court sided with the state's financial services agency Friday in a dispute with two law firms, ruling that a public records exemption protecting certain personal information held by the agency for participants in two real estate insurance programs is constitutional.

  • April 20, 2018

    Petco Applicants Seek OK Of $1.2M Background Check Deal

    Two applicants who hit Petco with a proposed class action accusing it of hiding the authorization that allows it to run credit checks on job seekers asked a California federal judge Friday to preliminarily approve a $1.2 million settlement with the retailer.

  • April 20, 2018

    4 Tips For Companies To Shield Against Phishing Scams

    A recent report by specialty insurer Beazley detailing the prevalence of email-based "phishing" theft schemes illustrates the need for companies to build up robust defenses including employee education, preventative policies and insurance tailored to such risks, experts say. Here, Law360 offers four tips for companies to shield against phishing attacks.

  • April 20, 2018

    Navy Sec. Seeks Way To Keep Adversaries Out Of DOD Deals

    Navy Secretary Richard Spencer at a Senate panel hearing Thursday called on the U.S. Department of Defense to develop an algorithm to detect and prevent instances of adversaries accessing sensitive information through contracts, pointing to a close call involving Chinese telecommunication equipment company Huawei Technologies.

  • April 20, 2018

    Third Person Charged With Fraud In $25M Crypto Card Plot

    Prosecutors charged a third Floridian on Friday in Manhattan federal court with defrauding investors out of more than $25 million using an initial coin offering, saying he and two others falsely touted the ICO as funding a cryptocurrency debit card linked to Visa and Mastercard.

  • April 20, 2018

    DNC Sues Trump Campaign, Russia Over 2016 Election Hacks

    The Democratic National Committee filed suit Friday in New York federal court accusing the Russian government, the Trump campaign and WikiLeaks of conspiring to hack the Democratic Party and doom Hillary Clinton’s chances at the 2016 presidential election.

  • April 20, 2018

    SunTrust Data Theft May Have Impacted 1.5M Customers

    SunTrust Banks Inc. said Friday that a former employee may have made off with the personal information of roughly 1.5 million customers, potentially compromising details like client names, addresses, phone numbers and account balances.

  • April 20, 2018

    2 Water Island Funds Contest Barracuda $1.6B Buyout Price

    Two funds of Water Island Capital LP petitioned Delaware’s Chancery Court  late Thursday for appraisal of their Barracuda Networks Inc. stock following Barracuda's $27.55 per share, $1.6 billion, go-private acquisition by private equity Thoma Bravo in early February.

  • April 20, 2018

    Many Cos. Likely Won't Be Ready For GDPR, Survey Finds

    The European Union’s sweeping new data regime is set to take effect next month, but many companies aren’t on track to be in compliance by the deadline, according to a McDermott Will & Emery LLP-sponsored study released Friday, with almost half of the businesses surveyed saying they don’t expect to be ready.

  • April 20, 2018

    Holland & Knight Gains Kilpatrick Outsourcing Partner

    Holland & Knight LLP added a former Kilpatrick Townsend & Stockton LLP partner who brings years of expertise to his new role as head of the firm's growing outsourcing and technology transactions practice.

  • April 19, 2018

    Microsoft Customer Data Demands Drop To Record Low

    Microsoft received nearly 23,000 requests from law enforcement agencies around the world for access to its customers' data in the second half of 2017, the lowest total since the tech giant began publicly reporting such figures five years ago, according to a transparency report released Thursday.

  • April 19, 2018

    Facebook To Shrink GDPR Liability With New Service Terms

    Facebook Inc. said Thursday that more than 1.5 billion users who had agreed to be governed by Irish law will be asked to sign new terms of service with its U.S. headquarters, in a shift that would push those users beyond the reach of the European Union's new data regime.

  • April 19, 2018

    Uber Ducks Lyft Driver's 2nd Attempt At Spying Class Action

    A Lyft driver accusing Uber Technologies Inc. of illegally tracking drivers bungled his second shot at proving the ride-hailing giant violated wiretapping and privacy laws, a California federal judge said Wednesday in dismissing the bulk of the amended suit, finding he had done little to fix the deficiencies in his original claims.

  • April 19, 2018

    Trump Atty Drops Libel Suit Against BuzzFeed, Fusion GPS

    Michael Cohen, the personal attorney for President Donald Trump who has found himself in the sights of federal prosecutors, on Wednesday dropped his much-ballyhooed defamation suits in New York state and federal court against BuzzFeed and political intelligence firm Fusion GPS, according to court records.

  • April 19, 2018

    DOJ Antitrust Chief Says Privacy Could Be New Market Asset

    The head of the U.S. Department of Justice's Antitrust Division laid out his views about digital platforms like Facebook and Google on Thursday, saying privacy is emerging as a new type of asset that digital companies may soon be competing over, but called for measured enforcement of the space.

  • April 19, 2018

    Yelp Escapes Privacy Suit Over Recording Sales Calls

    A San Francisco judge has thrown out a proposed class action accusing Yelp Inc. of illegally monitoring and recording conversations between the named plaintiff and Yelp sales representatives, ruling that there’s no evidence the online review company eavesdropped on any calls.

  • April 19, 2018

    3 Phishing Insurance Coverage Cases To Watch

    Policyholders and insurers alike are eagerly anticipating guidance from a trio of federal appeals courts on whether email-based "phishing" theft schemes trigger coverage under computer fraud insurance policies. Here, Law360 breaks down the computer fraud coverage cases pending before the Second, Sixth and Eleventh circuits.

  • April 19, 2018

    Boehringer Ducks TCPA Suit Over Faxed Seminar Invites

    Boehringer Ingelheim Pharmaceuticals escaped a proposed class action accusing it of violating the Telephone Consumer Protection Act by sending out faxes about a free dinner meeting on sexual disorders, with a Connecticut federal judge Wednesday finding no breach of the act as the evidence showed no products were advertised at the event.

  • April 19, 2018

    VTech Toy Data Breach Suit Found Lacking Again

    An Illinois federal judge again tossed a consolidated proposed class action against digital learning toys maker VTech Electronics over a breach that compromised the data of 11 million adults and children, holding Wednesday that some claims were beyond repair while leaving room for others to be revamped.

Expert Analysis

  • Can A Single FTC Commissioner Constitute A Quorum?

    Stephen Calkins

    With Federal Trade Commissioner Terrell McSweeny resigning on April 28, it is possible that acting Chairman Maureen Ohlhausen will be left as the sole commissioner. The FTC appears to believe that it can take formal action by a 1-0 vote, but to allow this would be possibly not lawful and certainly not wise, say professor Stephen Calkins of Wayne State University and John Villafranco of Kelley Drye & Warren LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Highlights Of ABA Antitrust Spring Meeting: Part 3

    Eric Weiss

    In the final article of their series on the American Bar Association’s 66th Antitrust Law Spring Meeting, attorneys with Perkins Coie LLP offer key takeaways from some of the sessions on consumer protection.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • What's New In NIST’s Updated Cybersecurity Framework

    Alan Raul

    On Tuesday, the National Institute for Standards and Technology released a revised version of its standard-setting Cybersecurity Framework, once again producing a useful, flexible document that can be applied or adapted by a wide range of companies, says Alan Raul, leader of Sidley Austin LLP's cybersecurity practice.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Equifax Cybersecurity Ruling Heightens Risk For Companies

    Heather Egan Sussman

    The Superior Court of Massachusetts' recent Equifax decision — the first-ever court ruling on allegations made by a state attorney general in cybersecurity litigation — is notable for siding with Attorney General Maura Healey on several key issues of concern to all companies that collect personal information, say attorneys with Ropes & Gray LLP.

  • Opinion

    There Is Middle Ground For US Lawyers On AML Regimes

    Matthew O'Hara

    The American Bar Association continues to oppose legislation that would impose certain European Union and U.K. anti-money laundering requirements on U.S. lawyers. The ABA should further consider its approach to this issue as there is a viable middle ground that protects privileged communications and confidential information while advancing the interests of the legal profession, says Matthew O’Hara of Freeborn & Peters LLP.

  • GDPR And HR: 8 Steps To Compliance For US Companies

    Sam Rayner

    American organizations with a European workforce, or presence, should not assume that they can ignore the General Data Protection Regulation in favor of a self-regulatory approach to employee privacy, as is often favored across the U.S., say Sam Rayner and Tom Mintern of Bird & Bird LLP.