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Cybersecurity & Privacy

  • September 21, 2018

    5G Uses And Regulatory Hurdles: What You Need To Know

    As the 5G technology standard takes shape and major wireless carriers push to make the service commercially available by next year, experts have identified virtual reality, self-driving cars and artificial intelligence as some of the top applications for the souped-up wireless networks. But regulatory hurdles and legal questions still beset the innovations.

  • September 21, 2018

    ​​​​​​​9th Circ. Heats Up TCPA Debate With Broad Autodialer Take

    The Ninth Circuit's decision Thursday to endorse an extremely broad definition of what constitutes an autodialer under the Telephone Consumer Protection Act opens the door not only for more litigation to thrive under the statute, but also for the U.S. Supreme Court or Federal Communications Commission to step in and deliver some long-sought clarity, attorneys say. 

  • September 21, 2018

    UK Privacy Watchdog Hits Data Firm With 1st GDPR Notice

    Britain's data privacy watchdog has hit a Canadian data analytics firm that reportedly produced targeted advertisements for pro-Brexit campaigns with the first-ever enforcement notice under the European Union's new General Data Protection Regulation.

  • September 21, 2018

    Don't Weaken Autodialing Rules, Consumer Groups Tell FCC

    As the Federal Communications Commission considers changing its criteria for dialing systems that fall under the purview of the Telephone Consumer Protection Act, consumer groups are urging the commission to broaden its definition of “autodialer” to better protect recipients of unwanted mass texts.

  • September 21, 2018

    Banks Fight Equifax's Bid To Ax Data Breach Claims

    Financial institutions on Thursday urged a Georgia federal court to deny Equifax Inc.'s bid to toss their claims in multidistrict litigation stemming from a massive 2017 data breach, saying the money and time spent to protect their customers' data is a valid injury directly tied to Equifax's allegedly deficient data security measures.

  • September 21, 2018

    Facebook Users In 9th Circ. Stand By Privacy Claims

    Several Facebook Inc. users stood strong in their Ninth Circuit bid to revive multidistrict litigation accusing the social media giant of unlawfully tracking people's browsing activity after they sign out, asserting that the company's view that they deserve no recourse for its knowing deception defies "common sense and common decency."

  • September 21, 2018

    Uber Gets Customer's TCPA Suit Sent To Arbitration

    An Illinois federal judge agreed that an Uber user leading a proposed Telephone Consumer Protection Act class action against the ride-hailing company consented to arbitrate any disputes when he signed up for the app, sending the suit to arbitration Thursday.

  • September 20, 2018

    Challenge To No-Fly List Airborne Again, 9th Circ. Says

    The Ninth Circuit ruled Thursday that the government must face a suit brought by a naturalized U.S. citizen who alleges it put his name on the no-fly list to try to induce him to become an informant, reversing an Oregon federal court’s decision.

  • September 20, 2018

    3rd Circ. Backs Penn State Email Probe, 'Dismayed' By Tactics

    A Third Circuit panel on Thursday backed a lower court decision to toss a lawsuit accusing two state investigators of illegally obtaining a Penn State University employee’s work emails, saying while it was “dismayed” by the pair’s use of an improper subpoena, her employers had the authority to hand them over.

  • September 20, 2018

    Facebook Must Fix Data Policy Or Face Action, EU Says

    A top European Commission official on Thursday slammed Facebook for its "misleading" new data use policy and warned that the site could face sanctions if it doesn't comply with European consumer law by the end of the year, while separately praising Airbnb for making several "necessary" pricing disclosure and consumer redress changes.

  • September 20, 2018

    PayPal Investors Face Skeptical Judge In Hack Class Action

    A California federal judge seemed skeptical Thursday about whether a proposed class of PayPal shareholders’ data breach suit could move forward, saying his “biggest issue” was the suit’s reliance on confidential witnesses, whose allegations were “pretty amorphous,” especially when it came to showing the company knowingly hid the breach in an early press release.

  • September 20, 2018

    Counsel Needs 'Backup' For Payment In $4.75M Vertex Deal

    A Massachusetts federal magistrate judge has told Anderson & Wanca and Swartz & Swartz PC that they failed to submit sufficient evidence of the firms' expenses that went into striking a $4.75 million deal with Vertex Pharmaceuticals Inc. to end class action allegations of unsolicited faxes.

  • September 20, 2018

    9th Circ. Saves Gym TCPA Suit After DC Circ. Ruling

    The Ninth Circuit on Thursday revived a proposed class action accusing gym chain Crunch San Diego LLC of spamming members' cellphones with promotional text messages, finding that a recent D.C. Circuit decision led to an expanded definition of an autodialer under the Telephone Consumer Protection Act.

  • September 20, 2018

    NY Times Sues For FCC's Russia-Linked Net Neutrality Docs

    The New York Times hit the Federal Communications Commission with a Freedom of Information Act lawsuit Thursday in New York federal court accusing the FCC of lobbing “a series of roadblocks” as the newspaper seeks records on potential Russian interference in the rulemaking process that repealed net neutrality.

  • September 20, 2018

    Data Breaches Caused No Harm, Health System Argues

    A 13-hospital health system has again urged a Wisconsin federal judge to toss a proposed class action stemming from two phishing attacks, arguing the plaintiffs haven’t raised a single example of traceable harm.

  • September 20, 2018

    Reality Show HIPAA Lapses Spawn $1M In Hospital Payouts

    A trio of prestigious Massachusetts hospitals will collectively pay almost $1 million to resolve allegations they flouted the Health Insurance Portability and Accountability Act by disclosing patient information during filming of an ABC documentary series, federal regulators announced Thursday.

  • September 20, 2018

    Cybersecurity Soon To Be Key To DOD Deals, Official Says

    Deputy Defense Secretary Patrick Shanahan said Wednesday that strong cybersecurity will likely become one of the key pillars for determining U.S. Department of Defense contract awards in the future, also laying out further details on the DOD’s plans for implementing the proposed U.S. Space Force.

  • September 20, 2018

    White House Cyber Plan Calls For Deterrence, Legal Revamp

    The White House warned Thursday that it would authorize offensive cybersecurity operations and "modernize" federal computer crime laws as part of a new national cybersecurity strategy.

  • September 20, 2018

    What In-House Counsel Can Do To Fight Cyberthreats

    In-house counsel can play a pivotal role in helping their businesses prepare for possible data breaches, as companies of all sizes across industries seek to maintain security amid unprecedented challenges from cyberattacks. Here, Law360 looks at four ways in-house lawyers can leverage their knowledge and responsibilities to ready their companies against online threats.

  • September 20, 2018

    Data Regulator Plans GDPR 'Sandbox' To Test Compliance

    The U.K.’s data regulator has announced plans to create a regulatory test site to help companies try out innovative business ideas without breaching Europe’s new information protection regime and risking tough penalties.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Opinion

    Separate The NSA And Cyber Command Now

    Daniel Garrie

    Since its inception in 2009, U.S. Cyber Command has been functioning concurrently and under the same leadership as the National Security Agency. In the beginning this may have been appropriate, but in today’s environment they should be conducting their missions independently, says Daniel Garrie of JAMS.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Zaslavskiy Does Little To Encourage Clear Crypto Guidance

    Alexis Collins

    A New York federal judge's decision last week in Zaslavskiy relieves the government of a potentially significant pleading burden when bringing cryptocurrency actions, but does not encourage clarification of clear standards for application of the Howey test, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Inside China’s Latest Cybersecurity Regulation Proposal

    Xiaoyan Zhang

    China's draft Cybersecurity Multi-Level Protection Scheme requires compliance from “network operators,” which is broadly defined in the Cybersecurity Law and could in practice cover any entity operating a computer network in China, say attorneys with Reed Smith LLP.

  • Aviation Watch: Why The F-35 Has Struggled To Take Flight

    Alan Hoffman

    Seventeen years after the U.S. Department of Defense awarded Lockheed Martin the contract for the F-35 Joint Strike Fighter, and 12 years after the first production aircraft flew in 2006, all versions of the plane remain far from combat-ready, or even fully operational. Recent concerns about cybersecurity have added to the project's woes, says Alan Hoffman, a retired attorney and private pilot.

  • What We Heard At The FTC Hearings: Day 1

    Barry Reingold

    Last week, the Federal Trade Commission began a series of public hearings on competition and consumer protection issues. Attorneys with Perkins Coie LLP offer some key takeaways from the three panel discussions.

  • Tips For Tech Cos. Developing Event Sponsorship Deals

    Leon Medzhibovsky

    IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.