Cybersecurity & Privacy

  • February 23, 2018

    What To Watch As High Court Takes On Microsoft Warrant Row

    The U.S. Supreme Court is gearing up to hear arguments Tuesday in a high-stakes fight over the federal government's ability to access data stored abroad by Microsoft, and court watchers expect the justices to focus on a range of thorny legal and public policy issues in their quest to decide the close question of whether privacy rights or law enforcement needs should prevail.

  • February 23, 2018

    Decency Law Shields Google From Defamation Suit: DC Circ.

    The D.C. Circuit held Friday that an apparel company owner’s $8 million lawsuit against Google over an ex-contractor’s allegedly defamatory blog post was correctly dismissed, saying the Communications Decency Act immunized the tech giant from liability since it published the blog but didn’t create it.

  • February 23, 2018

    Up Next At The High Court: Antitrust Rule, Public Unions

    The U.S. Supreme Court is closing out its February oral argument session with a blockbuster docket, taking on a key doctrine of antitrust law in a case involving American Express Co. and pondering the fate of public sector unions.

  • February 23, 2018

    JPMorgan Inks $2.25M TCPA Deal Over Robocalls

    A Georgia federal court Friday was asked to preliminarily approve JPMorgan Chase Bank NA’s $2.25 million settlement of Telephone Consumer Protection Act claims that the bank autodialed the cellphones of hundreds of thousands of customers after they verbally asked that the calls to stop.

  • February 23, 2018

    French Rail Worker Fired Over Porn Files Loses Privacy Case

    A European human rights court has nixed a French rail worker’s claim that his privacy rights were breached when his bosses found his stash of pornographic files on his work computer, ruling that French law only protects employees in such matters if the files are clearly marked private.

  • February 23, 2018

    Shopper Drops Suit Over Whole Foods Data Breach

    Whole Foods escaped a proposed class action in Ohio federal court accusing the company of failing to protect customer data following a September data breach that affected the grocer's taprooms and restaurants, with the consumer on Thursday agreeing to dismiss her claims.

  • February 23, 2018

    Data Co. Gets LinkedIn Info-Scraping Suits Related

    A California federal judge on Thursday granted data company 3taps Inc.’s bid to relate its suit seeking clearance to scrape information from LinkedIn Inc.’s public profiles to another pending suit against the professional networking site, saying there was “good cause” to sign off on the request.

  • February 23, 2018

    NJ Panel Affirms Award Over IT Worker's Unauthorized Access

    The New Jersey Appellate Division on Friday refused to disturb a $27,000 judgment in favor of an information technology company that alleged its former worker accessed its system without authorization and destroyed data, ruling that a bench trial judge had properly assessed the evidence.

  • February 23, 2018

    China's New VPN Crackdown 'Troubling,' US Tells WTO

    The U.S. expressed concern Friday over China’s new internet access rules that seem to impose restrictions on virtual private networks, telling the World Trade Organization that China has not provided the proper assurance on the rules’ effects on cross-border business before they come into force next month.

  • February 23, 2018

    Wilson Sonsini Adds Ex-Skadden National Security Pro In DC

    Wilson Sonsini Goodrich & Rosati PC on Thursday announced it has brought aboard a former Skadden Arps Slate Meagher & Flom LLP associate for the firm's national security regulatory practice in Washington, D.C.

  • February 23, 2018

    FTC Sues Tech Cos. For Phony Computer Security Scam

    The Federal Trade Commission sued a California man and his defunct tech companies in federal court on Thursday, accusing them of facilitating a scheme to deceive older consumers into paying for phony computer protection that bilked them out of millions of dollars and stole their personal information.

  • February 22, 2018

    Facebook Shouldn't Expect 'Fake News' Legal Woes, For Now

    Social media sites are facing heightened scrutiny amid charges that an army of Russia-based “bot” accounts meddled in the 2016 U.S. presidential election, but companies like Facebook, Twitter and Google are largely immune from liability even if they unwittingly help spread propaganda, attorneys say.

  • February 22, 2018

    Missouri Gov. Indicted For Privacy Invasion Over Nude Pic

    A St. Louis grand jury indicted Missouri Gov. Eric Greitens Thursday for felony invasion of privacy, following reports last month that prosecutors were looking into allegations he blackmailed a woman with whom he’d had an extramarital affair by threatening to release a photo of her naked, bound and blindfolded.

  • February 22, 2018

    GAO Waves Off Air Force Contractor's Bad Financial Report

    The allegation that the U.S. Air Force ignored a contractor's adverse financial rating does not involve the sort of corporate responsibility issue that merits review, the U.S. Government Accountability Office recently said in denying a protest over a $105.6 million cyber defense deal.

  • February 22, 2018

    7th Circ. May Call On Indiana In Fantasy NCAA Athlete Row

    Two Seventh Circuit judges considering whether to revive a proposed class action against DraftKings and FanDuel over their use of college athletes’ likenesses said Thursday they likely need the state of Indiana to weigh in on whether exemptions in its right of publicity law cover fantasy sports sites.

  • February 22, 2018

    3rd Circ. OKs FBI Malware Warrant In Child Porn Case

    The Third Circuit said Wednesday that a magistrate judge overstepped her authority when she let the FBI use malware to identify suspects in a massive child pornography sting, but broke new legal ground by ruling that the evidence was allowed because law enforcement had obtained the search warrant in good faith.

  • February 22, 2018

    BBC, Guardian Say Public Duty Trumps Appleby Records Suit

    The BBC and the Guardian have told a British court that they're not liable for any damages their reporting caused offshore law firm Appleby Global Group LLC, arguing that while they knew portions of the Paradise Papers likely contained privileged communications, publishing portions of the leaked documents crucially furthered the public debate. 

  • February 22, 2018

    Legislate For Cyberattack Disclosure, Lloyd's Chief Says

    Private companies could be compelled to hand over information to help the insurance industry in the aftermath of a cyberattack, the head of Lloyd’s of London told Law360 on Thursday.

  • February 22, 2018

    Help Insurers Access Cyberattack Data, OECD Urges Gov'ts

    Governments must help insurers gain access to information on cyberattacks to help them price risk for customers and determine their own exposure to a potential rush of claims, the deputy secretary-general of the Organisation for Economic Co-operation and Development indicated on Thursday.

  • February 21, 2018

    New Cloud Data Bill Pits Big Tech Against Privacy Hawks

    Silicon Valley giants have teamed up with privacy advocates to fight the U.S. government’s bid, now at the U.S. Supreme Court, to access Microsoft data stored on an Irish server. But that uneasy alliance has crumbled as lawmakers mull a plan to carve out a more concrete path for U.S. prosecutors pursuing data stored abroad, with critics claiming data-sharing deals resulting from the bill could erode human rights.

Expert Analysis

  • What The DOJ Cyber Task Force Can Do

    Megan Brown

    While history is littered with reports and whitepapers that do not inspire change, there is an opportunity for the U.S. Department of Justice's new Cyber-Digital Task Force to have an impact, say attorneys with Wiley Rein LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 2

    Sunil Gadhia

    Global authorities are taking an increasingly coordinated approach toward the investigation and prosecution of economic misconduct. Further significant developments in 2018 will likely refine the manner in which such investigations are approached, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • 10 Government Contracting Trends To Watch This Year

    Joseph Berger

    Recent developments point to continued high total spending on government contracts, which will improve national defense, disaster relief and domestic infrastructure, presenting opportunities and challenges for both agencies and contractors, says Joseph Berger of Thompson Hine LLP.

  • Handling Federal, NY State And NYC Background Check Laws

    Brian Murphy

    State and local laws that overlap and intersect with the Fair Credit Reporting Act's requirements have proliferated in recent years. New York state and New York City employers face perhaps the greatest burden in untangling these competing paradigms, because compliance with one does not ensure compliance with another, says Brian Murphy of Sheppard Mullin Richter & Hampton LLP.

  • Autonomous Drones: Set To Fly, But May Not Comply

    Sara Baxenberg

    A California company has unveiled a fully autonomous "selfie" drone, which promises to stay trained on a moving subject, capturing footage while avoiding any obstacles. But a drone that flies itself may run afoul of a number of Federal Aviation Administration regulations, even if it has fancy obstacle detection and personal tracking, say Sara Baxenberg and Joshua Turner of Wiley Rein LLP.

  • A Look At US And EU Fintech Regulatory Frameworks

    Brian Christiansen

    The regulatory fragmentation on the federal level, and at the U.S. state and EU member state levels, presents challenges and uncertainty for many fintech companies. The resolution of these uncertainties will directly impact the evolution of this sector, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Drawing A Road Map For Nationwide Health Info Sharing

    Christine Moundas

    The U.S. Department of Health and Human Services recently released its draft Trusted Exchange Framework, setting forth a guide for a public-private partnership designed to promote interoperability among health information networks. Attorneys with Ropes & Gray LLP address some of the questions that remain in evaluating whether this new voluntary arrangement will help to achieve its intended goals.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.