Cybersecurity & Privacy

  • July 02, 2020

    DNC, Perkins Coie Must Face Defamation Suit, Page Says

    Former Trump campaign adviser Carter Page has asked an Illinois federal judge not to dismiss his defamation allegations against the Democratic National Committee and its Perkins Coie LLP legal team, arguing that his suit over the infamous "Steele Dossier" was timely and that the court should have jurisdiction over the matter.

  • July 02, 2020

    Sens. Advance Child Abuse Bill Piercing Tech Liability Shield

    A U.S. Senate panel on Thursday unanimously approved a bipartisan bill that would eliminate a landmark liability protection for social media companies that fail to police child sexual abuse material, sending the bipartisan measure to the full Senate.

  • July 02, 2020

    High Court Warned Of Danger In 11th Circ.'s Expanded CFAA

    The Eleventh Circuit's broad view of the Computer Fraud and Abuse Act would criminalize ordinary internet activity like posting items in the wrong Craigslist category, lawyers for a former Georgia police officer claim in a case set to go before the U.S. Supreme Court.

  • July 02, 2020

    Grubhub Says Customer Misled Court On FCC Ruling

    Grubhub Inc. told an Illinois federal court that a customer who proposed a class action over unwanted autodialed calls has mischaracterized a recent Federal Communications Commission ruling related to the definition of an "autodialer," saying it "has no relevance to this action."

  • July 02, 2020

    Patients Sue Fla. Orthopedic Provider Over April Data Breach

    Customers have hit Florida Orthopaedic Institute with a proposed class action in state court over an April data breach, claiming the health care provider failed to protect patients' medical records and personal information and also did not investigate or notify them in a timely manner.

  • July 02, 2020

    Insurer Won't Defend Biz That Sold Access To Biometric Data

    Citizens Insurance Co. of America told an Illinois federal judge that it has no duty to defend Wynndalco Enterprises in a class suit accusing Wynndalco of violating biometric privacy by selling access to Clearview AI Inc.'s database to Illinois consumers.

  • July 02, 2020

    Border Search Of Cellphones May Need Justices' Input

    American travelers are uncertain of what rights they have when border agents ask to search their cellphones, especially after conflicting rulings from circuit courts, and the U.S. Supreme Court may be the only forum where travelers can get certainty.

  • July 02, 2020

    Equifax Investors' Attys Will Earn $29.6M Fee In Stock Suit

    A team of attorneys from Bernstein Litowitz Berger & Grossmann LLP and Bondurant Mixson & Elmore LLP will be taking home a more than $29.6 million counsel fee for representing a proposed class of Equifax investors after securing a $149 million settlement of a suit over the company's vast 2017 data breach, a Georgia federal judge determined.

  • July 01, 2020

    Facebook Taking Row Over Wiretap Act's Reach To High Court

    Facebook is gearing up to appeal to the U.S. Supreme Court a Ninth Circuit ruling reviving claims that it unlawfully intercepted logged-out users' browsing histories, arguing that the dispute presents a chance to resolve a circuit split over whether companies can be held liable under federal wiretap law for receiving communications directly from unknowing users. 

  • July 01, 2020

    Abbott Labs Tries To Shake ERISA Cybersecurity Suit

    Abbott Laboratories wants an Illinois federal judge to toss a former employee's suit claiming the company and its retirement plan record-keeper allowed an imposter to steal $245,000 from her retirement account, arguing that the pharmaceutical giant wasn't responsible for the theft.

  • July 01, 2020

    DOD Needs To Improve AI Standards, Cybersecurity, OIG Says

    The U.S. Department of Defense has partially developed a governance framework and standards for the use of artificial intelligence, yet it needs to do more, including developing capabilities to share data and crafting standards for legal and privacy considerations, the Office of Inspector General said in a report released Wednesday.

  • July 01, 2020

    In Reversal, Litigious Porn Co. Can Unmask Downloaders

    A New Jersey federal judge ruled Tuesday that Strike 3 Holdings — a porn studio that has filed thousands of copyright lawsuits — must be allowed to unmask illegal downloaders, overturning a judge who sharply criticized the company's mass litigation.

  • July 01, 2020

    Bitcoin Data Not Covered By 4th Amendment, 5th Circ. Says

    Bitcoin users who use a virtual bank to complete their transactions have no more of an expectation of privacy than brick-and-mortar bank account holders, the Fifth Circuit ruled while rejecting a felon's argument for evidence suppression in his child pornography case.

  • July 01, 2020

    Cybersecurity Co. Accused Of Misleading Investors In IPO

    Israeli cybersecurity software company Tufin overstated its business prospects in North America in the lead-up to its $108 million initial public offering, teeing up a drop in its stock price when the company underperformed, an investor told a New York state court Wednesday.

  • July 01, 2020

    UK Watchdog Calls For New Tech Platform Regulatory Regime

    The U.K.'s competition authority called on the government Wednesday to set up a new regulatory system to help rein in the power of Facebook, Google and other major technology platforms that generate money through digital advertising.

  • July 01, 2020

    Brazil Watchdog Eases Up On Facebook, Cielo Payment Deal

    Brazil's competition authority has dropped a recent decision to block a partnership between Facebook and credit card issuer Cielo, but says it will continue probing the deal for possible anti-competitive effects.

  • June 30, 2020

    'Shitty Media Men' List Creator Can't Ditch Defamation Suit

    A New York federal judge on Tuesday refused to dismiss a defamation lawsuit against the creator of a "Shitty Media Men" list that documented sexual misconduct accusations, ruling that a writer named on the list wasn't a public figure whose ability to sue for libel was restricted.

  • June 30, 2020

    Wiretaps Of Encrypted Messages Reached New High In 2019

    State investigators conducting wiretaps encountered encryption at an uncharted rate in 2019, and nearly always could not decipher messages, while total arrests and convictions based on electronic surveillance increased, according to a U.S. courts report released Tuesday.

  • June 30, 2020

    7th Circ. Clarifies Decision On Standing In Biometric Case

    The Seventh Circuit declined on Tuesday to rehear arguments over a decision that partially kept a woman's biometric privacy suit against Compass Group USA Inc. at the federal level, but clarified why it found she lacked federal standing for claims over the company's retention of data.

  • June 30, 2020

    Calif. Would Win EU Favor With Privacy Measure, Backer Says

    The real estate developer-turned-activist behind an upcoming California ballot initiative that would expand the state's landmark privacy law defended the measure Tuesday, saying the revamp would likely make the European Union more open to lifting restrictions on transferring personal data to California. 

  • June 30, 2020

    Nvidia Says Investor Suit Over Crypto Mining Sales Still Fails

    Technology company Nvidia has asked a California federal judge to toss a shareholder suit accusing it of understating more than $1 billion in crypto-related sales, saying investors are "cherry-picking" portions of executives' statements to allege fraud.

  • June 30, 2020

    US Should Launch Digital Dollar Pilot, Legislators Told

    Members of the Senate Banking Committee were told Tuesday that they should encourage the U.S. Department of the Treasury and the Federal Reserve to launch a central bank digital currency pilot program to avoid being left behind as other nations move ahead on their own digital currency projects.

  • June 30, 2020

    Huawei, ZTE Officially National Security Threats, FCC Says

    The Federal Communications Commission formally designated Huawei and ZTE as national security threats to the United States on Tuesday, moving to disrupt the Chinese tech firms' American operations by declaring that federal telecom subsidies won't cover their equipment.

  • June 30, 2020

    EU Watchdogs Urge Caution In Digital Finance Surge

    European financial watchdogs have warned the European Commission to weigh the need to protect consumers against the benefits of "big data," artificial intelligence and technological innovation as it moves toward a digitized financial future.

  • June 29, 2020

    Judge Explains Partial Denial Of Roger Stone Prison Delay Bid

    A D.C. federal judge on Monday unsealed the full version of her decision last week to give Roger Stone an extra two weeks to report to prison while denying the longtime conservative operative's request to extend the surrender date even further to September.

Expert Analysis

  • COVID-19 Telehealth Boom Demands Better Privacy Practices

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    With demand for telemedicine skyrocketing during the pandemic, health care providers should not be lulled into complacency regarding data privacy simply because the U.S. Department of Health and Human Services has relaxed its standards, as pre-pandemic practices may be inadequate, says Geoffrey Lottenberg at Berger Singerman.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Corporate Investigation Lessons From EBay Stalking Scandal

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    The recent eBay criminal cyberstalking scandal reminds companies and law firms that investigative activities, even if undertaken solely using online research tools, could easily risk criminal or civil legal liability and violations of attorney ethics rules, says Joseph DeMarco at DeVore & DeMarco.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • How Calif. Privacy Rights Act Could Shape Privacy Landscape

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    If California voters support the California Privacy Rights Act in November, it will become a permanent baseline for California privacy law, increase the already demanding requirements of the California Consumer Privacy Act, and potentially redefine informational privacy for the entire U.S., say Lauren Kitces and Lydia de la Torre at Squire Patton.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • 2 Takeaways From Ill. Biometric Class Action Insurance Ruling

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    An Illinois appellate court's recent decision in West Bend v. Krishna provides clarity into the legal definition of publication in insurance contexts and highlights the importance of policy language in Biometric Information Privacy Act lawsuits, say Deepthika Appuhamy and Brian Scarbrough at Jenner & Block.

  • Addressing Facial Recognition Tech's Discriminatory Potential

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    Recent civil rights groups' objections, industry statements and proposed bills on the use of facial recognition technology highlight several problematic concerns, including that it lacks accuracy in identifying nonwhite individuals and may play a role in racially discriminatory policing, say Laura Jehl and Kari Prochaska at McDermott.

  • Keeping Data-Breach Reports Confidential After Capital One

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    Despite a Virginia federal court's recent order that Capital One turn over its digital forensics report in the bank's data breach suit, companies that take certain precautions may nevertheless use their current cybersecurity providers to produce privileged post-breach reports, says cybersecurity consultant John Reed Stark.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Health Info Interoperability Rule Raises Privacy Concerns

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    A new Office of the National Coordinator for Health Information Technology rule requires health care providers to supply patients' health information upon request, but compliance may be complicated when patient privacy laws prohibit information sharing, say Elizabeth Hein and Cynthia Haines at Post & Schell.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • 4 Tips For Data Analytics Following DOJ Compliance Guide

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    In light of disruptions caused by the pandemic, and the U.S. Department of Justice's recent guidance emphasizing data analytics in compliance monitoring, companies should proceed deliberately with a few key considerations, say Michael DeBernardis and Jonathan Zygielbaum at Hughes Hubbard.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

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