Cybersecurity & Privacy

Expert Analysis

• TikTok Investigation Should Prompt More Data Transparency

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.