Cybersecurity & Privacy

  • February 21, 2020

    Cuomo To Share Some Driver Data With Immigration Agencies

    New York Gov. Andrew Cuomo said Friday he is willing to share the state’s Department of Motor Vehicles database with immigration agencies, but he said he wouldn't share Social Security numbers because doing so would make it as easy as “shooting for fish in the barrel” to arrest undocumented drivers.

  • February 21, 2020

    Prosecutor Took Jabs At Roger Stone's Reduced Sentence

    When John Crabb Jr. appeared before the federal judge set to sentence Roger Stone on Thursday, the case's top prosecutor made a string of striking arguments that flew in the face of the U.S. Department of Justice's official line.

  • February 21, 2020

    Privacy Framework Faces Uphill Climb To Universal Adoption

    A new government-created privacy framework has the potential to be a valuable tool for companies grappling with growing privacy obligations around the world, but whether it will evolve into a widely accepted gold standard hinges on how regulators and vendors respond to the offering. 

  • February 21, 2020

    Ind. Man Indicted In $2M EBay, PayPal Scam

    An Indiana man illicitly reaped $2 million in an elaborate scam involving stolen personal data and myriad fraudulent eBay and PayPal accounts, U.S. Department of Justice officials said Friday.

  • February 21, 2020

    Clark Hill Can't Duck $50M Malpractice Suit Over Hacked Docs

    A Chinese entrepreneur and prominent dissident may proceed with most of his $50 million malpractice suit against Clark Hill PLC because he has submitted sufficient evidence to suggest the firm mishandled his personal information in an asylum bid and failed to protect the data from hackers, a D.C. federal judge has ruled.

  • February 21, 2020

    Marriott Can't Duck Hotel Guests' Data Breach Claims

    A Maryland federal court on Friday kept alive multidistrict litigation stemming from hotel giant Marriott International Inc.'s massive data breach, finding that guests had adequately claimed injuries traceable to the company's failure to detect the historic hack or stop the theft of their personal information.

  • February 21, 2020

    Insurer Says Unwanted Call Suit Was Filed By 'Serial' Litigant

    An insurance company is arguing in Indiana federal court that it has been targeted by a "serial TCPA litigant" aiming to score profits by luring companies into making apparently unwanted calls and then using that as the basis for legal action.

  • February 21, 2020

    Real Estate Firm Can't Get Coverage For Email Scam

    A Virginia federal judge has ruled that Owners Insurance Co. doesn't have to cover a real estate firm's loss of funds that an employee wired to a fraudster who posed as the firm's president in emails, saying the insurer is not obligated to cover voluntary transfers of money caused by fraud.

  • February 21, 2020

    Fusion Connect Says Feds Can't Collect $2.1M Amid Ch. 11

    Defunct phone and internet provider Fusion Connect Inc. is asking a New York bankruptcy court to reject an attempt by federal prosecutors to collect on $2.1 million in unpaid civil penalties, saying the agency is using an overly broad reading of bankruptcy law.

  • February 21, 2020

    Health Hires: Davis Wright, Skadden, Holland & Knight

    Davis Wright Tremaine LLP nabbed two health care partners from Nelson Hardiman, Skadden Arps Slate Meagher & Flom LLP hired a former senior attorney at the U.S. Food and Drug Administration, and Holland & Knight has added a trio of partners from McDermott Will & Emery LLP and Clark Hill PLC, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena. 

  • February 20, 2020

    Ex-AIG Legal Worker Settles SEC's Insider Trading Claim

    A former AIG Inc. legal department employee and his father have settled U.S. Securities and Exchange Commission claims that they bought stock in Validus Holdings Ltd. based on the son's inside knowledge that AIG planned to buy the company, the agency said.

  • February 20, 2020

    9th Circ. Urged To Resolve 'One-Sided' TCPA Autodialer Split

    Portfolio Recovery Associates is calling on the Ninth Circuit to scale back its broad definition of what qualifies as an autodialer under the Telephone Consumer Protection Act and align it with several circuit decisions that have taken a narrower view.

  • February 20, 2020

    New Mexico Says Google Is Collecting Kids' Personal Data

    New Mexico’s attorney general on Thursday hit Google with a suit alleging the tech giant is illegally collecting personal information from New Mexico school children under 13 with its G Suite for Education products and Chromebooks, which are offered for free to school districts across the state.

  • February 20, 2020

    Roger Stone Judge Strikes Blow For Judicial Independence

    The judge who sentenced Roger Stone for obstruction called President Donald Trump's remarks on the case inappropriate, a rebuke that former judges said served to underscore the importance of an independent judiciary in a distrustful era.

  • February 20, 2020

    MGM Resorts Data Breach Exposes Guests' Personal Details

    Hotel and casino giant MGM Resorts International has admitted that it suffered a data breach last summer that exposed the personal details, including names and contact information, of what one cybersecurity researcher said was more than 10 million guests.

  • February 20, 2020

    'Bare' Biometric Privacy Suit Sent Back To Ill. State Court

    An Illinois federal judge on Thursday found a "bare procedural violation" isn't enough to keep an Illinois Biometric Privacy Act lawsuit in federal court, joining several other district judges who say plaintiffs don't have federal standing without an allegation that private data could be disseminated.

  • February 20, 2020

    Crowell & Moring Hires 10-Year Treasury & DOJ Alum In DC

    Crowell & Moring announced Thursday that it has hired as a partner in its international trade and white collar & enforcement groups an attorney with a decade of government experience split between the U.S. Department of Justice and the U.S. Department of the Treasury.

  • February 20, 2020

    OneTrust Raises $210M For Data Privacy Compliance Platform

    Privacy technology startup OneTrust said Thursday it raised $210 million in financing at a $2.7 billion valuation as it looks to expand its platform for helping companies comply with data privacy laws.

  • February 20, 2020

    Sprint Chided For 'Victim Blaming' Defense In Junk Fax Suit

    Sprint is on the hook for violating a Connecticut junk fax law after a federal judge said he wasn’t impressed with the mobile giant’s “burden-shifting, blame-the-victim approach” to arguing that the motel suing it had no standing to do so.

  • February 20, 2020

    Trump Ally Roger Stone Sentenced To Over 3 Years

    President Donald Trump’s longtime adviser Roger Stone was sentenced to three years and four months in prison Thursday on seven felony charges of lying to Congress about his connections with WikiLeaks, witness tampering and obstructing a congressional panel's probe into Russian interference in the 2016 U.S. presidential election.

  • February 19, 2020

    AG Barr Critiques Big-Tech Immunity For Web Content

    Attorney General Bill Barr expressed concern Wednesday about the "expansive reach" of Section 230 of the Communications Decency Act, a legal shield that has long protected tech giants from being held liable for content posted by third parties.

  • February 19, 2020

    Liberty On Hook For Broker's $60M TCPA Deal, 11th Circ. Told

    Two men who secured a $60.4 million Telephone Consumer Protection Act judgment against an insurance broker urged the Eleventh Circuit to make a Liberty Mutual unit cover the bill, arguing Wednesday that an invasion of privacy exclusion in the broker’s policy doesn’t apply.

  • February 19, 2020

    11th Circ. Says DirecTV Privacy Dustup Belongs In Arbitration

    The Eleventh Circuit on Wednesday handed DirecTV a key win in a privacy dispute, finding that a customer’s contract requires taking his beef with the telecom into arbitration because the claim only arises out of his relationship with DirecTV.

  • February 19, 2020

    In FTC Probe Of Small (Big) Tech Deals, Knowledge Is Power

    Google, Amazon, Apple, Facebook and Microsoft face the arduous task of compiling and turning over years of internal material related to “hundreds” of small deals they carried out in the past decade — transactions so small they could be carried out without triggering antitrust scrutiny.

  • February 19, 2020

    Facebook Again Seeks End to Cambridge Analytica Stock Suit

    Facebook told a California federal judge that a revised investor suit it faces still doesn’t pass muster, claiming shareholders repeated an argument that was already rejected.

Expert Analysis

  • TikTok Investigation Should Prompt More Data Transparency

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    The U.S. national security investigation into the Chinese-owned TikTok app serves as a reminder that social media platforms need to establish clear privacy notices to explain how users' personal data will be used and stored, particularly in cross-border applications, say Craig Giles and Zahra Deera of Bird & Bird.

  • And Now A Word From The Panel: MDLs Continue To Thrive

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    The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

  • 5 Complications That Can Derail A Class Action Settlement

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    As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • Key Trade Secrets Developments Of 2019: Part 2

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    Last year brought significant news in U.S. trade secret law, including the U.S. Department of Justice’s continued enforcement of its China initiative and further development of the inevitable disclosure doctrine under the Defend Trade Secrets Act, say attorneys at Faegre Drinker.

  • Avenues Of Relief For Cybersecurity Whistleblowers Increase

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    Successful securities and False Claims Act lawsuits and a spate of state legislation over the past year have legitimized cybersecurity deficiencies as a basis for federal and state liability and strengthened protections for whistleblowers, says Matthew LaGarde of Katz Marshall.

  • Opinion

    Trump Is Right About Stone Sentencing, For Wrong Reasons

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    President Donald Trump weighed in on Roger Stone's sentencing in an inappropriate way — and caused quite a commotion within the U.S. Department of Justice as a result — but he nonetheless was right to find the sentencing guidelines' recommendation shocking, say criminal defense attorney Alan Ellis and sentencing consultant Mark Allenbaugh.

  • BIPA May Apply To Clearview AI's Creation Of Biometric Data

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    The resolution of recent cases in which IBM and Clearview AI created facial geometries from photographs they obtained from social media will show the extent to which the Illinois Biometric Information Privacy Act applies to these new technologies and uses of biometric data outside Illinois, say Al Fowerbaugh and Karen Borg of Porter Wright.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Health Info Authorization Ruling Is A Mixed Bag For Providers

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    A D.C. federal court's recent decision in Ciox Health v. Azar to vacate the U.S. Department of Health and Human Services' expansion of relaxed authorization requirements for protected health information means health care providers will face increased administrative costs, but the ruling also allows them to recoup some expenses, say Layna Rush and Scott Robertson of Baker Donelson.

  • The Deal Maker's Guide To The New CFIUS Framework

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    Now that new national security regulations governing cross-border investment and acquisitions are in effect, attorneys at MoFo identify the key questions deal makers should be asking to assess whether they must, or should, notify the Committee on Foreign Investment in the United States of a transaction.

  • 6 Steps Insurers Can Take To Stay Ahead Of Privacy Laws

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    When working to comply with the California Consumer Privacy Act and new privacy and data security regulations in other states, insurers need to assess the categories, sources and uses of personal data they collect, paying close attention to important definitions that may vary under different laws, say Laura Jehl and Jaime Petenko of McDermott.

  • Ballot Initiative Could Bring Big Changes To Calif. Privacy Law

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    The California Privacy Rights Act ballot measure would overhaul the state's privacy law by providing more guidance and more stringent requirements for organizations' data protection practices, say Gretchen Ramos and Darren Abernethy of Greenberg Traurig.

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