Cybersecurity & Privacy

Expert Analysis

• A Potential New Fight Over FTC's 13(b) Authority

  

  On Friday, ​AdvoCare ​announced​ that an immediate change to its business model was its “only viable option​" and that ​it was​ “in confidential talks” with the F​ederal Trade Commission.​ ​​It seems likely that AdvoCare made the change in order to argue that the FTC does not have authority to bring this case against the company, says John Villafranco of Kelley Drye.

• Q&A

  A Chat With Gilead Sciences Legal Ops Leader Gary Tully

  

  In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

• Cybersecurity Enforcement Shouldn't Be Left To FCA Relators

  

  The denial last week of a contractor's motion to dismiss a False Claims Act case in the Eastern District of California wrongly looks to whistleblowers for cybersecurity enforcement and may allow cybersecurity to become the qui tam bar’s next feeding ground, say Robert Metzger and Stephen Bacon at Rogers Joseph O'Donnell.

• Series

  Why I Became A Lawyer: Completing The Journey Home

  

  My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

• Calif. Privacy Law Will Likely Prompt Flood Of Class Actions

  

  Regardless of the fate of recently proposed amendments to the California Consumer Privacy Act's private right of action, e-commerce businesses serving customers in California must remain vigilant in preparing for the likely tide of CCPA litigation, says Alexis Buese of Sidley Austin.

• A Glimpse Into The Potential Future Of AI Regulation

  

  The Algorithmic Accountability Act, a bill recently introduced by Democrats in Congress seeking to enhance oversight of artificial intelligence and data privacy, would present significant challenges for businesses if it became law, say attorneys with Debevoise & Plimpton.

• Practical Safeguards For Employee Use Of Messaging Apps

  

  Independent of the U.S. Department of Justice's recent interest in instant and ephemeral messaging apps, companies have plenty of sound reasons to control their use in the office and have an array of tools to do it, say Erin Schrantz and Andrew Philip Walker of Jenner & Block.

• Series

  Judging A Book: Wood Reviews 'The Making Of A Justice'

  

  Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

• 2nd Circ.'s Logical Take On 'Event-Driven' Securities Claims

  

  The Second Circuit's recent opinion in Singh v. Cigna will not put an end to "event-driven" securities cases, which revolve around negative operational incidents. But it will likely increase the dismissal rate of such claims, and may deter weaker filings, say Adam Hakki and Agnès Dunogué of Shearman & Sterling.

• What's At Stake In Battle Over TCPA Constitutionality

  

  As courts across the country grapple with whether the Telephone Consumer Protection Act passes First Amendment scrutiny, the eventual outcome is likely to permanently shift the contours of free speech jurisprudence, one way or another, say Eric Troutman and Petrina McDaniel of Squire Patton Boggs.