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Cybersecurity & Privacy

  • January 17, 2019

    Hard Brexit Will Threaten GDPR Data Swap, Regulator Warns

    British companies that share data across national borders should brace themselves for legal disruption if the country crashes out of the European Union without a trade deal on March 29, a senior official at the Information Commissioner’s Office warned on Thursday.

  • January 16, 2019

    SEC's Response To Breach Scare Clarifies Wider Approach

    The 43-page complaint the U.S. Securities and Exchange Commission filed Tuesday detailing an alleged scheme to illegally access its electronic filing system for profit underscores the agency's commitment to cybersecurity while lending some context to its relatively forgiving approach, attorneys say.

  • January 16, 2019

    Ongoing Gov't Shutdown Leaves Cyber Risks Unchecked

    The lingering government shutdown doesn't bode well for critical efforts to protect the nation from increasingly sophisticated cyberthreats, leaving gaping holes in agencies' ability to monitor threats, pursue bad actors and provide crucial aid to private companies, experts say.

  • January 16, 2019

    FCC Dropping Ball On Consumer Data Protection, Group Says

    The Federal Communications Commission has failed to enforce data protection laws, leading to "increasing recklessness" in the way companies safeguard consumer information, an internet advocacy group said Wednesday.

  • January 16, 2019

    Rubio Proposes Privacy Bill That Overrides State Data Laws

    Sen. Marco Rubio, R-Fla., on Wednesday introduced a national data privacy bill that would give Congress, not the Federal Trade Commission, the ability to write federal privacy rules — and which would override stringent state regulations.

  • January 16, 2019

    Lyft Shakes TCPA Suit Over Autodialed Texts For Now

    A California federal judge on Wednesday tossed an amended complaint claiming that Lyft Inc. violated the Telephone Consumer Protection Act by sending unwanted text messages to prospective customers, but said the suit could be amended again in the next 30 days.

  • January 16, 2019

    9th Circ. Sends Yahoo TCPA Coverage Row To Calif. Justices

    The Ninth Circuit on Wednesday asked California’s high court to weigh Yahoo’s bid to force an AIG insurer to fund its defense of several Telephone Consumer Protection Act lawsuits accusing the web services provider of sending unsolicited text messages, saying Golden State law is unsettled on whether liability insurance covers TCPA claims.

  • January 16, 2019

    FCC Final Say On Ad Rules Cripples Businesses, Justices Told

    The U.S. Chamber of Commerce, six states and a handful of government associations warned the U.S. Supreme Court that letting the Federal Communications Commission have the final word on the interpretation of the Telephone Consumer Protection Act strips companies of a key defense amid the unrelenting stream of TCPA class actions.

  • January 16, 2019

    Fla. Medical Spa Hit With TCPA Suit Over Unwanted Texts

    A Miami-area medical spa was hit with a putative class action Wednesday in Florida federal court, alleging that it sent unwanted telemarketing text messages, in violation of the Telephone Consumer Protection Act.

  • January 15, 2019

    Google, Amazon Urged To Keep Face ID Tech From Feds

    Dozens of advocacy groups joined together Tuesday to push Microsoft, Google and Amazon to refrain from selling face surveillance technology to the federal government, arguing that such a move would undermine public trust in their businesses and hand the government sweeping new power to target immigrants and minorities.

  • January 15, 2019

    Ukrainians Charged With 2016 Hack Of SEC Filings

    A Ukrainian hacker was charged Tuesday with infiltrating the U.S. Securities and Exchange Commission’s Edgar electronic filing system during 2016 as part of a scheme to access material, nonpublic documents that he then shared with traders for profit, U.S. authorities said.

  • January 15, 2019

    3 Firms Shepherd $275M Deal For PE-Backed AppRiver

    Security technology company Zix Corp. has agreed to buy cloud-based cybersecurity services provider AppRiver from private equity firm Marlin Equity Partners for $275 million in cash, the companies said Tuesday, in a deal steered by Baker Botts LLP, Kirkland & Ellis LLP and Simpson Thacher & Bartlett LLP.

  • January 15, 2019

    USCIS Breached Asylum Seeker's Confidentiality: 9th Circ.

    The Ninth Circuit has revived asylum claims made by a Kenyan citizen who claimed she escaped genital mutilation, holding that by uncovering through a third-party source that a piece of her evidence was forged, U.S. Citizenship and Immigration Services violated her confidentiality and may have put her at further risk.

  • January 15, 2019

    Citizenship Question Blocked From 2020 Census

    A New York federal judge on Tuesday struck down the Trump administration's inclusion of a question about citizenship status on the 2020 census, finding that U.S. Commerce Secretary Wilbur Ross had violated the Administrative Procedure Act in ignoring how it would harm response rates for Hispanic and noncitizen households.

  • January 14, 2019

    Twitter, Google Look To Toss NM's Suit Over Kids' Data

    Twitter, Google and advertising services used in Tiny Lab's apps moved Friday to shake the New Mexico attorney general's claims that they surreptitiously collected kids' location data and personal information, arguing they had no actual knowledge the apps were directed toward children and have no concrete ties to the state.

  • January 14, 2019

    Feds Can't Force Biometric Use To Unlock Phones: Judge

    A California federal judge has ruled that law enforcement may not compel suspects to unlock devices such as smartphones with biometric identifiers, including fingerprint or iris scans, calling the practice unconstitutional.

  • January 14, 2019

    Ex-Trump Aide Denied Bid To Amend $100M Gizmodo Suit

    A Florida federal judge on Monday rejected a former Donald Trump aide's request to amend his $100 million defamation lawsuit against Gizmodo Media Group over an article saying he tried to slip a woman he'd impregnated an abortion-inducing pill, and said she would rule soon on Gizmodo's dismissal bid.

  • January 14, 2019

    Businesses Want To Utilize User Data To Fight Cyber Threats

    A group of U.S. technology companies pushed Monday for the National Institute for Standards in Technology to embrace the collection and sharing of user data to fend off cyber threats as the agency continues to develop what is expected to be an influential set of privacy guidelines.

  • January 14, 2019

    FCC Denies House Dem's Call For Mobile Tracking Briefing

    The Federal Communications Commission on Monday rejected a Democratic congressman's push for an emergency briefing to explain why the agency hasn't stopped wireless carriers from selling consumers' location data, with agency staff saying the matter isn't a priority amid the government shutdown, according to a press release from the lawmaker.

  • January 14, 2019

    Nationstar Inks $6.5M Deal Over Secretly Taping Customers

    Nationstar Mortgage reached a $6.5 million proposed settlement Friday with a class of California customers who claim their calls with the loan company were recorded without their knowledge or permission, violating state law, according to a joint motion filed in California federal court.

Expert Analysis

  • 2019 Annual Meeting And Reporting Considerations: Part 3

    Caroline Kim

    In the third installment of their four-part series, attorneys with Skadden Arps Slate Meagher & Flom LLP consider corporate governance best practices including environmental, social and governance reporting, updates to director and officer questionnaires, board diversity and related disclosures, and shareholder proposals.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 2

    Joseph Yaffe

    In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

  • 5 Lessons From State AGs' HIPAA Data Breach Suit

    Hanley Chew

    The allegations in State of Indiana v. Medical Informatics Engineering — the first federal lawsuit filed by multiple state attorneys general over a data breach based upon alleged Health Insurance Portability and Accountability Act violations — provide some guidance on adequate network security, say Hanley Chew and Tyler Newby of Fenwick & West LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • The Privacy Questions Raised By Blockchain

    Steve Snyder

    It is important to establish a framework for understanding the privacy and security challenges of blockchain so that the industry can address them, says Steve Snyder of Bradley Arant Boult Cummings LLP.

  • Automotive Tech In 2018: Legal Trends And Developments

    David Cavanaugh

    The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation, say attorneys with WilmerHale.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.