Cybersecurity & Privacy

  • September 23, 2019

    Airbnb, NYC Spar Over Quick Win Bids In Data Ordinance Row

    Airbnb and HomeAway are refusing to back down in their bid to strike down an allegedly unconstitutional New York City ordinance requiring short-term rental platforms to hand over hosts' personal information, while the city is countering that "widespread illegality" on these platforms justifies the rule. 

  • September 23, 2019

    Marriott Keeps Data Breach Suit In Federal Court

    A Maryland federal court has refused to move a lawsuit looking to hold Marriott International Inc. liable for a massive data breach at its Starwood guest reservation database back to Connecticut state court, after what a judge called a "transparent" bid by the consumers to elude federal jurisdiction.

  • September 23, 2019

    Russian Man Cops To Massive JPM Hack, To Cough Up $19M

    An electronics expert from Moscow pled guilty Monday in Manhattan and agreed to forfeit more than $19 million in what federal prosecutors call a gargantuan hacking and fraud scheme that victimized over 80 million customers at JPMorgan Chase & Co.

  • September 23, 2019

    Law Firm Rates Can Be Sealed In Claims Court Army Dispute

    A property owner can file under seal a comparison of law firm billing rates meant to help determine its attorney fees after winning a takings claim against the Army, as that comparison is a commercial document not based on public data, the Court of Federal Claims has ruled.

  • September 23, 2019

    3rd Circ. Says Atty Must Prove NSA Illegally Read His Emails

    The Third Circuit on Monday pressed a civil liberties attorney to prove he has standing to challenge the government electronic communications surveillance program outed by former intelligence contractor Edward Snowden, reasoning that the lawyer hasn't shown that his own emails were intercepted.

  • September 23, 2019

    Kirkland, Lowenstein Steer Greenbriar's $81M Arotech Buy

    Private equity firm Greenbriar said Monday it will buy Michigan-based defense and security company Arotech in an $80.8 million deal steered by Kirkland & Ellis LLP and Lowenstein Sandler LLP.

  • September 20, 2019

    Ripple Says ICO Suit Alleging Crypto Is Security Filed Too Late

    Ripple Labs has moved to dismiss a consolidated complaint in California federal court that alleges its offering of the XRP cryptocurrency was in fact an unregistered securities offering, saying the allegations were brought too late and highlighting various other deficiencies.

  • September 20, 2019

    9th Circ. OK Of LinkedIn Data Scraping May Curb CFAA

    The Ninth Circuit has found that scraping information in bulk from public LinkedIn profiles likely does not breach the federal Computer Fraud and Abuse Act, in a closely watched ruling that could rein in the reach of the oft-challenged anti-hacking law.

  • September 20, 2019

    2 Charged With Using Fake Pop-Up Viruses To Swindle $10M

    New York federal prosecutors have announced that two people were indicted on charges that they cheated elderly people out of more than $10 million by selling them computer virus repair services after making them think their computers were infected.

  • September 20, 2019

    Internet Society Urges IoT Regulation Prioritizing User Control

    Policymakers must ensure that the so-called internet of things is governed by regulations that protect consumers’ privacy and give them more control over their devices, services and the management of their data, the nonprofit group Internet Society said in a recent policy brief.

  • September 20, 2019

    Vimeo's Facial Scans Violate Ill. Biometric Law, User Says

    Vimeo Inc. is creating and storing “face templates” from videos and photos uploaded by users of an image-editing application without obtaining their consent, according to a proposed class action filed in Illinois state court Friday.

  • September 20, 2019

    DC Circ. Grapples With Sex Trafficking Law Foes' Standing

    A three-judge panel of the D.C. Circuit on Friday appeared to disagree with a lower court’s ruling and the U.S. Department of Justice’s assertions that advocates of free speech on the internet and groups supporting sex workers lack standing to challenge a new federal law designed to crack down on sex trafficking online.

  • September 20, 2019

    Ex-CIA Worker Can't Get Audio Declassified In Leaking Case

    A New York federal judge has determined that recordings of conversations between CIA agents and a former employee accused of spilling secrets to WikiLeaks can stay classified.

  • September 20, 2019

    Facebook Suspends 'Tens Of Thousands' Of Apps

    Facebook said Friday it has suspended "tens of thousands" of apps that may have misused its members' information, a far higher number than the social giant has previously disclosed amid fallout from the Cambridge Analytica data-harvesting scandal.

  • September 20, 2019

    NLRB Defeats Fired Attorney's Race Bias Suit

    An Alabama federal judge on Friday tossed a black attorney's suit claiming the National Labor Relations Board fired him because of his race, saying he didn't identify white workers who committed the same offense he allegedly did — losing sensitive legal documents and lying about it — and were allowed to stay on board. 

  • September 19, 2019

    Sausage Biz's Coverage Suit Over Hacker Scam Still Cooking

    A Texas federal judge has ruled that Twin City Fire Insurance Co. wrongfully denied coverage to Quality Sausage Co. and its subsidiary after a hacker tricked an employee into transferring $1 million out of a client's bank account, ruling that the insurer "breached a duty that it owed."

  • September 19, 2019

    Telecom Groups Warn Google Update Will Be Disruptive

    A group of telecommunications organizations sent a letter to congressional committees Thursday asking them to seek information from Google about a new internet browser protocol that the tech company plans to implement.

  • September 19, 2019

    Brazil, Russia, Others Confront Competition In Digital Markets

    Four of the five emerging economic powers known as the BRICS countries — Brazil, Russia, India and South Africa — see themselves as generally well-positioned to deal with the challenges of antitrust enforcement in the digital age, but challenges remain, according to a new report from their competition enforcers.

  • September 19, 2019

    11th Circ. Asked To Rehear En Banc Single Text TCPA Suit

    A man who received a single unsolicited text message from his former lawyer asked the Eleventh Circuit to rehear his case en banc, after a three-judge panel of the court ruled he did not have standing to sustain Telephone Consumer Protection Act claims because he didn't demonstrate concrete injury.

  • September 19, 2019

    Huawei Seeks To Minimize Links To China At FCC

    Chinese technology giant Huawei is stepping up efforts to convince U.S. officials it has no direct ties to the Chinese government, telling the Federal Communications Commission this week that many telecom companies have dealings with the superpower without being viewed as national security concerns to the U.S.

  • September 19, 2019

    PayPal Again Defeats Stock-Drop Suit Over Data Breach

    PayPal Holdings Inc. escaped its investors’ stock-drop suit for good after a California federal judge found that while the payment processor made misleading statements about a data breach, there was no evidence that it did so on purpose.

  • September 18, 2019

    Tyson & Mendes Taps Gordon & Rees Vet To Head NY Office

    Tyson & Mendes LLP has hired a veteran Gordon & Rees LLP litigator with experience leading attorneys through professional liability troubles and guiding businesses through cybersecurity breach suits to serve as the managing partner of its soon-to-open New York office.

  • September 18, 2019

    Senate Bill Would Establish Center To Fight Election Meddling

    A pair of U.S. Senate Democrats, including 2020 presidential hopeful Amy Klobuchar, is pressing election security legislation that would require the intelligence community to create a new information-sharing center to combat foreign interference. 

  • September 18, 2019

    Parties In Bitcoin 'Inventor' Case Closing In On Settlement

    Parties in the high-profile case pitting Craig Wright, the self-styled inventor of Bitcoin, against the estate of his late business partner David Kleiman appear to be nearing a settlement after a Florida federal judge agreed to extend certain deadlines.

  • September 18, 2019

    Proposed Bitcoin ETF Issuers Withdraw From SEC Evaluation

    The proposal to list a bitcoin exchange-traded fund issued by asset manager VanEck and startup SolidX on the Cboe BZX Exchange has been withdrawn, according to a filing from the U.S. Securities and Exchange Commission.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Change In TCPA Compliance Is On The Horizon

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    With the Stopping Bad Robocalls Act making its way through Congress and Federal Communications Commission autodialer guidance pending, businesses should expect some much-needed clarity regarding compliance with the Telephone Consumer Protection Act, say David Carpenter and Kelley Barnaby of Alston & Bird.

  • CFIUS Risk Review Rules May Draw Attention To US Biotech

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    The Committee on Foreign Investment in the United States' critical technologies pilot program has had relatively minor impact on the U.S. biotech industry in the last year, but proposed rules unleashed by the Foreign Investment Risk Review Modernization Act will soon reshape the relationship between the government and the biotech industry, says Richard Matheny of Goodwin.

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    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • 8 Takeaways From CFIUS' Proposed Risk Review Rules

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    The Committee on Foreign Investment in the United States’ draft regulations implementing the Foreign Investment Risk Review Modernization Act seem to focus on specific national security concerns, as opposed to taking a broader approach, which means they are significantly more complex than the pre-FIRRMA regime, say Christian Davis and Thor Petersen of Akin Gump.

  • Drone Deliveries Face Technological, Legal Hurdles

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    After years of anticipation, a handful of companies are getting closer to delivering packages in the United States by drone — but navigational and safety technologies are still maturing, and security, privacy and jurisdictional questions remain, says Caroline Gentry of Porter Wright.

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    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Marriott Order Good News For Cybersecurity Class Action Bar

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    A Maryland federal judge's recent decree ordering Marriott to release a crucial third-party report revealing key details about how a data breach occurred could have significant ramifications for plaintiffs filing class actions following breaches of customer data at other companies, says cybersecurity consultant John Reed Stark.

  • The State Of TCPA Litigation 1 Year After Marks V. Crunch

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    The Ninth Circuit's 2018 decision in Marks v. Crunch, interpreting the Telephone Consumer Protection Act to cover any dialer that calls from a stored list of numbers automatically, has been applied by district courts all around the country, but one year later, its impact appears to be faltering, says Eric Troutman of Squire Patton.

  • FTC Settlement Over COPPA Will Change YouTube's Biz Model

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    While the $170 million fine received most of the headlines, the recent settlement of the Federal Trade Commission and New York attorney general with Google and YouTube includes provisions that ultimately could expose content creators and channel owners to liability under the Children's Online Privacy Protection Act, says Allison Fitzpatrick of Davis & Gilbert.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Consumer Class Standing Faces Uncertainty In 11th Circ.

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    An eventual resolution of whether unnamed class members are required to establish Article III standing by the Eleventh Circuit, together with its recent Telephone Consumer Protection Act decision in Salcedo v. Hanna, may alter the continued viability of TCPA class actions, as well as class claims brought under other consumer protection laws, say attorneys at Stumphauzer Foslid.

  • Utah Blazes Trail With Law Shielding Data From Gov't Search

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    Utah's recently enacted Electronic Information or Data Privacy Act and other states' laws that follow it will change long-standing practices in how companies that collect or store users’ personal data respond to law enforcement requests, say attorneys at Baker Botts.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.