Cybersecurity & Privacy

  • January 17, 2020

    Facebook Must Turn Over App Data As Part Of Mass. Probe

    As part of an investigation launched in the wake of the Cambridge Analytica scandal, Facebook Inc. will have to turn over to the Massachusetts attorney general the names of any apps on its platform that may have misused user data, a state judge ruled Friday.

  • January 17, 2020

    Consumers Say XL Entities Liable For $267M TCPA Judgment

    A class of consumers urged a California federal judge to deny XL American Inc. and XL Group Ltd.’s bid to remove themselves from a suit over a $267 million Telephone Consumer Protection Act award, saying the insurers were heavily involved.

  • January 17, 2020

    Immigrants Win Access To USCIS Data In Vetting Program Suit

    A class of immigrants challenging a national security program that they believe illegally delays immigration applications from Muslims won their bid to take a peek at the internal workings of the vetting process when a Seattle federal judge found that data is directly relevant to the case.

  • January 17, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 17, 2020

    Insurers Rip Maersk’s Cybersecurity In $1M Cargo Loss Claim

    Allianz, AXA and food companies cast doubt on claims by Maersk Line AS that a cyberattack caused more than $1 million in cargo losses back in 2017, but said if that were true, flaws in the shipping giant’s computer security were to blame.

  • January 17, 2020

    Zscaler To Pay $15M To Settle Symantec Patent Suits

    Cybersecurity company Zscaler has announced that it will pay Symantec Corp. $15 million to license its patents, bringing a close to all lawsuits in which Symantec accused Zscaler of infringement.

  • January 16, 2020

    Mich. Privacy Law Covers Out-Of-State Readers, Judge Says

    A Michigan federal judge on Thursday refused to ax a putative class action accusing magazine publisher Crain Communications of unlawfully disclosing subscribers' personal information to third parties, finding that plaintiffs need not live in Michigan to bring claims under the state's reader privacy law. 

  • January 16, 2020

    Michael Flynn Sentencing Delayed After Bid To Pull Guilty Plea

    A D.C. federal judge on Thursday pushed back sentencing for former Trump administration adviser Michael Flynn, who earlier this week asked for permission to cancel his guilty plea for lying to the FBI, accusing prosecutors of "vindictiveness" and acting in "bad faith."

  • January 16, 2020

    Bid To Move Crypto Suit Overseas Called 'Pious' Pretense

    A motion to end a proposed federal cryptocurrency class action stateside — and move the claims to Italy — is a thinly disguised attempt to kill the allegations altogether, according to a California man who claims he lost $260,000 on a defective digital currency exchange.

  • January 16, 2020

    FBI Will Now Alert State Officials If Election System Breached

    The FBI said Thursday that, in a change of policy, it will now notify state election officials when malicious actors are believed to have breached local election systems, in an effort to improve communication about security threats as the 2020 election season approaches.

  • January 16, 2020

    Calif. Judge Suggests Narrower IRS Crypto Summons In Probe

    A California magistrate judge said Thursday that an Internal Revenue Service summons on cryptocurrency trading platform Coinbase should be upheld in an income tax investigation of a Washington state man, but recommended that it should be limited in scope.

  • January 16, 2020

    Dems Warn That Iran Could Target Telecom Networks

    Two House Democrats have warned U.S. telecom and defense agencies that the nation's communications networks may become a target for Iranian cyberattacks following the Trump administration's assassination of Iranian general Qasem Soleimani.

  • January 16, 2020

    Microsoft Tells Fed. Circ. Uniloc Owes Fees For Dupe IP Suit

    Microsoft Corp. urged the Federal Circuit on Wednesday to find Uniloc 2017 LLC owes attorney fees for filing a “frivolous” infringement suit involving a security patent that is nearly identical to another patent, arguing that the case is exceptional and warrants fees, even though the parties agreed to a stipulated dismissal.

  • January 16, 2020

    Cannabis And Cybersecurity Among Top HR Concerns In 2020

    Changing marijuana laws and data security with regard to sensitive consumer and employee information are the top concerns for human resources professionals heading into 2020, according to a survey released Thursday by an HR consulting firm.

  • January 16, 2020

    Pharma Wholesaler Says Jury Should Decide $5.7M Fax Suit

    Prescription wholesaler A-S Medication Solutions LLC urged the Seventh Circuit on Thursday to vacate a $5.7 million judgment and send a chiropractic group's lawsuit over alleged junk faxes to trial, arguing it can prove its customers authorized the solicitation.

  • January 15, 2020

    Equifax Data Breach Settlement Is A Good Deal, Judge Says

    A landmark data breach deal that requires Equifax to pay up to $425 million to consumers provides valuable monetary and injunctive benefits that "likely exceed" what class members could have achieved at trial, a Georgia federal judge said in a lengthy ruling explaining why he approved the contested settlement. 

  • January 15, 2020

    EU Court Adviser Suggests Curbing Gov't Security Data Grabs

    Security agencies in the U.K., France and Belgium cannot indiscriminately sweep up personal data from phone and internet service users, even during terrorism investigations, an adviser to the EU's top court said Wednesday.

  • January 15, 2020

    How The High Court Could Reshape The TCPA's Future

    The U.S. Supreme Court's upcoming ruling on the constitutionality of the Telephone Consumer Protection Act could drastically transform how the statute is wielded in court and spur a perpetually divided Congress to craft a new set of robocall restrictions.

  • January 15, 2020

    Atty Can't Be Both Trial Counsel and Witness, Judge Says

    Quality Plus Services' general counsel can't represent the company at trial because she is one of the key witnesses for the other side in a $1.3 million insurance dispute over cybercrime losses, a Virginia federal judge said Wednesday.

  • January 15, 2020

    Checkers Drive-In Settles Nationwide TCPA Suit Over Texts

    Checkers Drive-In Restaurants Inc. agreed to provide two $5 vouchers to all members of a proposed class of customers who say they received promotional text messages from the fast food chain in violation of the Telephone Consumer Protection Act.

  • January 15, 2020

    Apple Buyers Bring Faulty Security Patch Suit To 9th Circ.

    A group of Apple Inc. device buyers is turning to the Ninth Circuit, saying the district court unfairly subjected them to an exceedingly high pleading standard when it dismissed their proposed class action alleging security patches slowed down the processing speed of Apple devices.

  • January 15, 2020

    Proposed Sirius XM Class Seeks Final OK Of $32M TCPA Deal

    A proposed settlement class has asked a Texas federal judge to give his final blessing to a $32.4 million deal resolving Telephone Consumer Protection Act claims against Sirius XM Radio Inc. that includes a promise by the radio provider to change certain phone solicitation policies.

  • January 14, 2020

    Michael Flynn Seeks To Nix Guilty Plea Citing Gov't 'Bad Faith'

    Former Trump administration adviser Michael Flynn asked a Washington, D.C., federal judge on Tuesday to let him cancel his earlier guilty plea for lying to the FBI, claiming prosecutors had operated in "bad faith" and "vindictiveness" by switching stances and recommending he serve prison time.

  • January 14, 2020

    Bitcoin Founder Reveals Holdings After Sanctions Threat

    Self-proclaimed Bitcoin inventor Craig Wright told a Florida federal court on Tuesday that he had handed over a list of his bitcoin holdings, after the court had threatened him with sanctions over his failure to comply with discovery orders in a bitter dispute with his former partner's estate.

  • January 14, 2020

    Dating Apps, Ad Firms Accused of Illegally Leaking User Data

    Dating app Grindr and advertising firms owned by Twitter and AT&T were accused Tuesday of flouting EU privacy law by sharing users' personal data, including their sexual orientation and precise GPS location, with advertisers without getting consent.

Expert Analysis

  • Anti-Ransomware Strategies Must Evolve With Threat

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    With a recent FBI report warning of ransomware that encrypts and exfiltrates data, it is now more important than ever for businesses and governments to assess and implement prevention and preparation strategies, including an offensive litigation approach, says John Gray of Lewis Roca.

  • NY State Flexes Muscles With Energy Service Co. Restrictions

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    The New York State Public Service Commission's new regulations for energy service companies — imposing enhanced eligibility criteria, price caps, and limitations on products and services — raise concerns about how the commission might impose similar restrictions in the broader distributed energy resource markets, say Thomas Puchner and Kevin Blake of Phillips Lytle.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • Autonomous Vehicle Guidance Gives Industry Room To Grow

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    The White House's recently updated guidance on the deployment of autonomous vehicles outlines broad principles for AV development, but does not identify best practices or create binding requirements, say attorneys at Akin Gump.

  • 2019 Trends In DOJ Civil Health Care Fraud Cases

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    Last year, the U.S. Department of Justice maintained aggressive enforcement efforts in the health care industry, again relying heavily on the False Claims Act, but the agency is also taking steps to guide those efforts toward fairness and consistency, say attorneys at Mintz.

  • Breaking Down Brazil's 1st Data Protection Law

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    Brazil's General Law on Data Protection, which comes into effect later this year, is largely modeled on the European Union's General Data Protection Regulation but has some key differences that companies doing business in Brazil should keep in mind when formulating compliance plans, say Felipe Saraiva and Dean Forbes of Sidley.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • Defense Contracting Law Developments From 2019

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    Creation of the U.S. Space Force, initiatives to improve U.S. cybersecurity, and near record-high spending on government contracting were just a few of the most notable developments in U.S. Department of Defense contracting last year, says Joseph Berger of Thompson Hine.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Ransomware’s Year-End Thank You Note To Bitcoin

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    Last year's surge in ransomware attacks got a boost from Bitcoin, which helped cybercriminals carry out their extortion schemes with much greater ease, efficiency and speed, says cybersecurity consultant John Reed Stark.

  • Health Care AI Increasingly In Crosshairs Of State, Fed. Gov't

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    Given the recent investigation by the U.S. Department of Health and Human Services into Google and Ascension's Project Nightingale, and an investigation by the New York Department of Health into UnitedHealth Group's hospital care algorithm, companies in the HealthTech space should prepare for growing scrutiny, especially of partnerships, say attorneys at Debevoise.