Cybersecurity & Privacy

  • January 27, 2022

    Breyer's Departure Opens Door For More Reliable Privacy Vote

    Retiring U.S. Supreme Court Justice Stephen Breyer has had a mixed record on defending individuals from warrantless government searches and unwanted robocalls, presenting an opportunity for the "wild card" to be replaced with a jurist who's more solidly on the side of protecting privacy and civil liberties. 

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Attys Seek $150K Fee Award In Cannabis Cos.' TCPA Deal

    A class of Washington state residents who received unsolicited commercial text messages from two cannabis companies has moved to secure $150,000 in attorney fees after striking a deal to settle their Telephone Consumer Protection Act claims for $618,000 in store vouchers.

  • January 27, 2022

    SEC Calls Out Private Fund Advisers' Fee, Disclosure Lapses

    The U.S. Securities and Exchange Commission on Thursday highlighted a list of failures it says were committed by private fund advisers over a five-year examination period, including botched fee calculations, overcharges and a host of disclosure lapses.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Apple Can't Hide Behind Privacy In Epic Fight, 9th Circ. Told

    Nearly 40 law, business and economics academics urged the Ninth Circuit on Thursday to upend Apple's win over Epic Games' allegations that the technology giant's App Store policies are anti-competitive, arguing the judge wrongly accepted Apple's justifications that restrictions on third-party app distribution are necessary to protect users.

  • January 27, 2022

    Trump Spokesman Fights To Keep Jan. 6 Bank Docs Private

    A lawyer representing a spokesman for former President Donald Trump indicated Thursday that he plans to revise a lawsuit against the House select committee investigating last year's U.S. Capitol riot to block Chase Bank from handing over more of his client's private financial records to the panel.

  • January 27, 2022

    Lyft Judge Rips 'Ridiculous' AGIS Bid To Kick IP Suit To Texas

    A California federal judge said Thursday she'll toss Lyft's suit seeking a declaration that its app doesn't infringe AGIS Software's five patents, but she said Lyft could conduct discovery and amend the suit, and slammed as "ridiculous" AGIS' bid to move the fight to Texas.

  • January 27, 2022

    Facebook Data Antitrust Suits Get New Judge

    A string of cases in California federal court accusing Facebook of monopolizing social media markets through its use of consumer data have been reassigned to a new judge thanks to the recent elevation of Judge Lucy H. Koh to the Ninth Circuit.

  • January 27, 2022

    Privacy Groups Push 'Fourth Amendment Not For Sale' Bill

    Consumer privacy advocates are urging lawmakers to advance a bill to prevent law enforcement and intelligence agencies from buying Americans' private data from telecom providers.

  • January 27, 2022

    FCC Revokes China Unicom's Right To Operate In US

    The Federal Communications Commission voted on Thursday to block China Unicom from continuing to operate communications networks in the U.S., citing national security risks based on the company's ties to the Chinese government. 

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 27, 2022

    EU Plans New Defenses Against Hacks Of Financial System

    A European Union financial authority recommended on Thursday that lawmakers create a bloc-wide framework to beef up online defenses for the financial system, after finding that cyberattacks could pose a risk to the markets.

  • January 26, 2022

    Intel Must Face Trimmed Microprocessor Security Flaw Suit

    An Oregon federal judge on Wednesday trimmed but refused to fully throw out a proposed class action accusing Intel Corp. of knowingly peddling defective microprocessors, ruling that consumers have adequately pled that Intel delayed disclosure of the purported defects after they were discovered in 2017.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    FCC Updates Political Ad Record-Keeping Rules

    The Federal Communications Commission has officially updated its record-keeping and political programming rules for companies that hold broadcast licenses, the first serious tweaks that the agency has made in this area in 30 years.

  • January 26, 2022

    FCC Proposes Updates To Telecom Equipment Certification

    The Federal Communications Commission is proposing updates to its rules for certifying radio frequency equipment, which is designed to ensure devices operate without causing harmful interference.

  • January 26, 2022

    Rep. Says Transparency Bills Can Lead To Privacy Gains

    While lawmakers are stalled in advancing sweeping consumer privacy reforms, Rep. Lori Trahan, D-Mass., said her colleagues would be served by passing more incremental legislation that imposes transparency requirements on Big Tech companies.

  • January 26, 2022

    9th Circ. Revives Suit Seeking Crime Insurance Coverage

    The Ninth Circuit on Wednesday resurrected a Long Beach, California, property management company's fight over crime insurance coverage, finding that a lower court incorrectly ruled that a bamboozled employee who wired money to a fraudster, not the fraudulent email itself, caused its $200,000 loss. 

  • January 26, 2022

    Indicted Ex-K&L Gates Atty Can't Remove Ankle Monitor

    An indicted former K&L Gates LLP partner can't get his ankle monitor removed, a New York federal judge decided on Wednesday, agreeing with a doctor that the device likely did not cause the fired attorney to develop a hernia as he'd claimed.

  • January 26, 2022

    Ex-Ga. Judge Says Double Jeopardy Blocks 2nd Hacking Trial

    A former Georgia state judge who's facing criminal computer hacking charges urged the Georgia Court of Appeals on Wednesday to void a looming retrial, arguing the bulk of the charges are barred by statutory double jeopardy.

  • January 26, 2022

    SEC Seeks To Beef Up Regs On Treasury Trading Platforms

    The U.S. Securities and Exchange Commission on Wednesday proposed rules to increase oversight of unregistered venues that match buyers and sellers of Treasurys and other government securities, saying the status quo lacks investor safeguards.

  • January 26, 2022

    Crypto Laundering Jumped To $8.6B In 2021, Data Firm Finds

    The value of cryptocurrency laundered in 2021 jumped 30% from the prior year to $8.6 billion, but regulators could strike a "huge blow" against the illicit activity if they focus on a small group of services used to move the dirty digital money, according to a report from crypto data provider Chainalysis on Wednesday.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

Expert Analysis

  • What Cos. Should Know About D&O Policy Landscape In 2022

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    Directors and officers liability insurance issues are likely to evolve this year against the backdrop of a new COVID-19 variant, rising inflation and other developments, particularly with regard to antitrust-related enforcement, special purpose acquisition companies, pandemic-related liability and cybersecurity, says Christina Lincoln at Robins Kaplan.

  • And Now A Word From The Panel: 2021 MDLs In Review

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    The most notable trend in multidistrict litigation in 2021 was a 25% decrease in the number of new petitions for MDL proceedings — but a deeper dive into the numbers suggests that, on the whole, MDLs are thriving, and continuing to have a major impact, says Alan Rothman at Sidley.

  • Ky. BIPA Copycat Bill Could Usher In Class Action Tsunami

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    A new Kentucky bill replicating Illinois' Biometric Information Privacy Act may trigger a wave of class actions, and momentum for similar legislation in other states, but companies can get ahead of it by taking several proactive compliance measures, says David Oberly at Blank Rome.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • What Stablecoin Industry Can Expect From Congress In 2022

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    As congressional scrutiny of the crypto-asset industry grows, stablecoin issuers and exchanges should anticipate new legislative proposals and regulatory developments, as well as further inquiries and oversight action, from both parties in Congress this year, say attorneys at Debevoise.

  • Germany's Google Controls Illustrate Global Antitrust Trend

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    Germany's recent move to rein in Google with extended restrictions on anti-competitive behavior provides an example of the new aggressive stance regulators around the world are adopting as tech giants grow their power in the digital economy, says Andrea Pomana at ADVANT Beiten.

  • Reevaluating Organizations' Cybersecurity Needs After Log4j

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    A recently unearthed vulnerability in the popular Apache Log4j software is the latest cyber incident that shows the whack-a-mole response is not sufficient, but there are certain reorientation strategies that can effectively mitigate cybersecurity risk, say Colin Jennings and Ericka Johnson at Squire Patton and Michael McAndrews at PacketWatch.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • 3 Cybersecurity Imperatives For Financial Cos. This Year

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    With cyberattacks and regulatory scrutiny both expected to increase in 2022, financial services companies should consider important compliance strategies to protect against cyber risks and enforcement actions, says Shardul Desai at Holland & Knight.

  • Takeaways From White Collar Criminal Enforcement In 2021

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    White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

  • 5 Advertising Law Trends To Watch

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    For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Why US Businesses May Stop Accepting Cryptocurrency

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    New reporting requirements from the IRS and Financial Crimes Enforcement Network could be game changers that dramatically curtail U.S. businesses that accept cryptocurrency, says cybersecurity consultant John Reed Stark.

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