Cybersecurity & Privacy
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November 13, 2018
7th Circ. Says E-Filing Access Suit Belongs In State Court
The Seventh Circuit on Tuesday reversed an Illinois federal judge's decision forcing a Cook County court clerk to make electronically filed complaints immediately available to reporters, finding that Courthouse News Service’s suit was inappropriate for federal courts to take on and should have been filed in state court.
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November 13, 2018
Quicken Loans, Marketing Firm Shed Wiretap Class Claims
A New Jersey federal judge has tossed most of a proposed class action alleging online marketing company NaviStone Inc. unlawfully intercepted keystrokes and mouse clicks by users of Quicken Loans Inc.'s website, ruling that the customer-tracking software was legal under federal privacy law because both Quicken Loans and NaviStone consented to the interception.
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November 13, 2018
Justices Turn Away LabMD's Appeal In Tiversa Fraud Row
The U.S. Supreme Court on Tuesday turned down an appeal from LabMD Inc., which had taken issue with the Eleventh Circuit blocking the company from implicating a Pepper Hamilton LLP lawyer for fraud in an underlying cybersecurity case because he wasn’t listed on the docket.
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November 13, 2018
Experian Strikes $22M Deal Over T-Mobile Data Breach
Experian has asked for preliminary approval of a $22 million class action settlement in California federal court, ending privacy claims from 15 million T-Mobile customers who had their information released in a data breach.
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November 13, 2018
Trump Picks Regulatory Czar For Kavanaugh's DC Circ. Seat
President Donald Trump on Tuesday named the chief of the Office of Information and Regulatory Affairs for the D.C. Circuit post vacated by U.S. Supreme Court Justice Brett Kavanaugh, setting off a nomination fight for what's viewed as the nation's second-highest appeals court.
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November 13, 2018
Justices To Consider FCC Deference In Junk Fax Case
The U.S. Supreme Court agreed Tuesday to consider how much deference to give the Federal Communications Commission’s view of what counts as an “advertisement” under the Telephone Consumer Protection Act, in a dispute that could impact the judiciary’s power to interpret agency rules.
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November 9, 2018
GCs Predict Spending Spike For Firms In Cybersecurity, M&A
Continuing a steady uptick in outside counsel spending, top legal decision makers are projected to spend billions more on law firms next year, with areas like cybersecurity and data privacy and mergers and acquisitions expected to see big gains, according to a report released Monday.
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November 12, 2018
Financial Services Get Shared Lexicon To Fight Cyberattacks
A forum of central bankers announced on Monday that it has published a common vocabulary of cyber terms to help the global financial services sector boost cross-border cooperation on security by cracking down on the growing threat of online crime.
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November 9, 2018
Equifax, Oracle Accused Of Flouting GDPR Data Use Rules
A British advocacy group is urging European privacy regulators to investigate Equifax, Oracle, Acxiom and several other data brokers and ad-tech companies for allegedly exploiting millions of people's personal data in violation of the bloc's stringent General Data Protection Regulation.
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November 9, 2018
Fla. Court Says Doctor Must Face Patient Privacy Suit
A Florida appeals court on Friday revived a suit brought by a former prison guard accusing a doctor of releasing his medical records to state prison officials in an employment matter without his consent, saying it should be up to a jury to decide a factual dispute.
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November 9, 2018
Feds Get Privacy Law Input From Industry, Consumer Groups
Comments poured in Friday at the Trump administration's deadline for weighing in on the Commerce Department's privacy regime, with trade groups calling for uniform standards and consumer advocates pushing for a baseline federal privacy law.
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November 9, 2018
Trader Who Stole $3M In Cryptocurrency Gets 15 Mos.
A 24-year-old Chicago trader who admitted to stealing more than $3 million in bitcoin and litecoin from his firm and a group of investors was sentenced in Illinois federal court Friday to a little over a year in prison.
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November 9, 2018
Prof Wants To Put Ex-Colleague On Secret Email Probation
A request by former Columbia University professor Enrichetta Ravina to have an ex-colleague's emails secretly scanned for disparaging remarks about her has the university scrambling for more time to brief a Manhattan federal judge, according to court filings.
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November 9, 2018
SEC Boosts Bid To Block Crypto Co.'s $100M ICO
The U.S. Securities and Exchange Commission has bolstered its bid to block the initial coin offering — estimated to raise $100 million — of a company accused of faking regulatory approval to fool investors, telling a California federal judge that the company's founder has already admitted to much of the scheme.
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November 9, 2018
Taxation With Representation: Kirkland, Vinson, Wachtell
In this week’s Taxation With Representation, Thoma Bravo inks a $950 million deal with Broadcom Inc. for Veracode, Newell Brands sells off its fishing business and memorabilia manufacturer for $2.5 billion, Western Gas Partners nabs Anadarko Petroleum Corp. midstream energy assets for $4 billion, and Edenred SA buys Corporate Spending Innovations for $600 million.
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November 9, 2018
Looming GDPR Fines To Spark Insurance Coverage Fights
Cyber policies are increasingly incorporating coverage for the hefty fines and liabilities that are likely to arise from the European Union's General Data Protection Regulation, but legal and regulatory pronouncements in vital jurisdictions may stymie these efforts and open the door for unprecedented coverage battles, experts say.
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November 8, 2018
PopSugar Can't Nix IP Suit, Instagram Influencer Says
A law degree-holding Instagram influencer urged a California federal judge Tuesday not to toss her putative copyright infringement class action alleging lifestyle website PopSugar ripped off her Instagram posts, arguing she doesn't have to prove she registered copyrights in the posts to pursue her claims.
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November 8, 2018
Atty Left MoneyGram Files In Stolen Hummer, Co.'s Suit Says
A lawyer whom MoneyGram International Inc. hired to collect third-party debts breached his duty to protect client data by leaving sensitive documents unattended in a “tricked-out Hummer” that was stolen from a hotel parking lot, according to a suit filed in New Mexico federal court Wednesday.
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November 8, 2018
Intel's Draft Of Privacy Law Would Shield Cos. From Fines
Intel Corp. has released its version of a draft for national privacy legislation that would protect companies from civil penalties so long as they certify annually with the Federal Trade Commission that they have taken steps to protect consumer data.
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November 8, 2018
SEC Puts Crypto Exchanges On Notice With First Settlement
The U.S. Securities and Exchange Commission settled its first-ever enforcement action against an unregistered cryptocurrency exchange Thursday as the agency continues to target a variety of market participants beyond the token issuers themselves.
Expert Analysis
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It’s Time For Law Firms To Start Talking About Gen Z
Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.
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Consider Potential Risks Of Scraping Publicly Available Data
One legal regime currently wrestling with the concept of data scraping is the Computer Fraud and Abuse Act. An important distinction that is emerging from the CFAA case law is whether the targeted data is publicly available or private and protected, say Kris Kappel and Liam Reilly of Husch Blackwell LLP.
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Guest Feature
The Many Lives Of Michael Chertoff
Randy Maniloff begins his interview with the nation’s second secretary of homeland security by saying he wants to go over his resume. The look on Michael Chertoff's face: “Bring it on.”
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Q&A
Back To School: Yale's Linda Greenhouse Talks Journalism
In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.
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Opinion
Celebrate Veterans By Improving Their Access To Justice
Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.
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Has The 11th Circ. Become Consumer-Friendly?
Based on the Eleventh Circuit's recent interpretation of Spokeo in Muransky v. Godiva Chocolatier, Austin Whitten of Pittman Dutton & Hellums PC examines whether the venue may be the most favorable for plaintiffs with consumer protection claims where no “actual” damages are alleged.
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Opinion
Time To Reclaim Wellness For All Lawyers
The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.
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What To Remember About Calif.’s Right To Be Forgotten
The California Consumer Privacy Act allows residents to request that a business delete from its systems the consumer’s personal information. Grant Davis-Denny and Nefi Acosta of Munger Tolles & Olson LLP explore the contours and ambiguities of this new "right to be forgotten," and the challenges that it may raise for the regulated community.
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Crypto Exchanges Need Cybersecurity Regulation
With more and more retail consumers relying on cryptocurrency investments, legislators and regulators should be spending more time contemplating cybersecurity regulation for virtual asset exchanges, says Richard Malish of NICE Actimize.
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Justices Seem Open To Class Cy Pres Awards, Occasionally
It appeared from the U.S. Supreme Court arguments in Frank v. Gaos that the majority of the court would approve 100 percent cy pres settlements, but under extremely limited circumstances, says Irving Scher of Hausfeld.