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Cybersecurity & Privacy

  • May 17, 2019

    Structural Remedies In Spotlight In Facebook Privacy Probe

    In the wake of Facebook's revelation that it expects to pay a multibillion-dollar fine to resolve the Federal Trade Commission's pending probe of its privacy practices, experts mull what the agency should include in a settlement for it to truly have teeth.

  • May 17, 2019

    'Crazy Expensive' Law Firm Wouldn't Return Calls, Jury Told

    The wife of a former U.K. attorney who hired Edwards Wildman Palmer LLP to pursue a failed privacy suit against the Daily Mail tabloid told a California jury Friday that the firm did little work, billed "crazy expensive" invoices and failed to return phone calls.

  • May 17, 2019

    SF Picks Side Of Privacy With Ban On Facial Recognition Tech

    The debate over facial recognition is heating up as San Francisco prepares to enact the nation's first ban on the controversial technology, with privacy advocates praising the step and others warning against too harshly limiting a useful tool for guarding public safety.

  • May 17, 2019

    Call Recipients Seek Class Cert. In Vacation Marketing Row

    A Choice Hotels loyalty program member is pushing a Florida federal judge to certify a nationwide class of more than 23,000 consumers whom the hotel chain's telemarketing partner BlueGreen Vacations allegedly bombarded with unsolicited calls.

  • May 17, 2019

    Call Blocking May Come With Cost, Advocacy Org Cautions

    A Federal Communications Commission plan to allow carriers to block robocalls could mean those carriers could pass along charges for the blocking services, whether customers want it or not, an advocacy group said Friday.

  • May 17, 2019

    Rep. Asks FCC's Pai To Clarify Whether He 'Withheld' Info

    Rep. Anna Eshoo has demanded that the chairman of the Federal Communications Commission share information about a probe into mobile location tracking with his Democratic colleagues and suggested he correct statements that portrayed he didn’t know of their requests.

  • May 17, 2019

    Mobile App Developer Tries To Kick 'Click Injection' Fraud Suit

    A Chinese mobile app developer asked a New York federal court on Thursday to excuse it from a proposed class action accusing the company of lying to investors about faking its download numbers to fraudulently increase advertising revenue, arguing that the shareholders' claims are too vague.

  • May 17, 2019

    30K Attys In Calif. In Trouble Over Their Fingerprints

    Nearly 30,000 attorneys in California face escalating penalties this month for missing a deadline to submit new fingerprints to the State Bar in an unpopular push to discover attorneys convicted of crimes.

  • May 17, 2019

    Crowell & Moring's Falvey Talks Safety And Internet Of Things

    Crowell & Moring LLP partner Cheryl Falvey, a former general counsel for the U.S. Consumer Product Safety Commission, spoke to Law360 about what she's watching these days on the product liability front, including the thorny issues cropping up around the "internet of things."

  • May 17, 2019

    EU Gets New Sanction Powers To Tackle Cyberattacks

    Individuals and businesses that orchestrate or are involved in cyberattacks, including by providing financial support to the main plotters, will be hit with EU-wide sanctions such as travel bans or asset freezes under a new enforcement regime launched by the European Council on Friday.

  • May 16, 2019

    Calif. Senate Blocks Bill To Update Consumer Privacy Law

    The California Senate appropriations committee on Thursday blocked the progress of legislation that supporters say would strengthen a landmark privacy bill that forces technology companies to disclose how they use and share customers’ personal data.

  • May 16, 2019

    Trump's Telecom Salvos Plunge China Talks Into The Unknown

    The prospects for a sweeping U.S.-China trade deal were looking dim even before President Donald Trump dealt a pair of blows to Beijing's mighty telecom sector on Wednesday, a move that injected even more uncertainty into the already-fraught negotiations.

  • May 16, 2019

    Industry Must Push FCC To Fix TCPA Litigation Mess: O'Rielly

    While the Federal Communications Commission is keenly aware of the class action litigation "mess" that has been caused by widespread uncertainty over how to interpret the Telephone Consumer Protection Act, businesses "caught up in the TCPA spider web" need to step up pressure on the agency to act, Commissioner Michael O'Rielly urged Thursday.

  • May 16, 2019

    Wiretap Suit Against Chinese Sex Toy Maker Survives

    A California federal court pushed forward most of a class action claiming that a Chinese sex toy maker illegally harvested data from its users, finding for the first time that vibration intensity settings are "content" under wiretapping law.

  • May 16, 2019

    Sen. Warren Aims To Weaken Contractors' Influence On DOD

    Sen. Elizabeth Warren, D-Mass., introduced legislation Thursday aimed at limiting the influence that defense giants have on the Pentagon, saying it is time to tackle the military-industrial complex and improve ethical standards at the U.S. Department of Defense.

  • May 16, 2019

    Network Security 'Emergency' Order Clouds Telecom Plans

    A new executive order from the Trump administration intended to shore up security vulnerabilities in communications networks writes a blank check to the U.S. Department of Commerce that can be used to target a host of technologies, countries and carriers, and its broad language has left many in industry unclear on how it will affect their business.

  • May 16, 2019

    Tech Co. Sues Compliance Provider Over Cybersecurity IP

    The maker of a publicly available database of cybersecurity compliance tools sued a for-profit counterpart in Oregon federal court Wednesday, with the free database asking the judge to find that it has not infringed any of the other company's patents.

  • May 16, 2019

    Carriers Tell FCC They've Stopped Selling Location Data

    Four of the country's largest phone companies, AT&T, Sprint, T-Mobile and Verizon, told the Federal Communications Commission in letters made public Thursday that they have stopped selling customers' location data to third-party companies and that the data would not be sold in the future.

  • May 16, 2019

    $2.8M In Fees Granted To Attys For Class In TurboTax Suit

    A California federal court awarded $2.8 million in fees and costs requested by attorneys representing members of a class action alleging that security flaws in Intuit Inc.'s TurboTax software allowed fraudsters to file almost a million fake tax returns.

  • May 16, 2019

    $100M Eastern European Cyber Ring Dismantled, Feds Say

    Federal prosecutors, investigators and a grand jury from the Western District of Pennsylvania were part of an international effort to shut down the GozNym cybercrime network accused of trying to steal more than $100 million from victims around the world, according to an indictment unsealed Thursday.

Expert Analysis

  • A Potential New Fight Over FTC's 13(b) Authority

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    On Friday, ​AdvoCare ​announced​ that an immediate change to its business model was its “only viable option​" and that ​it was​ “in confidential talks” with the F​ederal Trade Commission.​ ​​It seems likely that AdvoCare made the change in order to argue that the FTC does not have authority to bring this case against the company, says John Villafranco of Kelley Drye.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Cybersecurity Enforcement Shouldn't Be Left To FCA Relators

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    The denial last week of a contractor's motion to dismiss a False Claims Act case in the Eastern District of California wrongly looks to whistleblowers for cybersecurity enforcement and may allow cybersecurity to become the qui tam bar’s next feeding ground, say Robert Metzger and Stephen Bacon at Rogers Joseph O'Donnell.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Calif. Privacy Law Will Likely Prompt Flood Of Class Actions

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    Regardless of the fate of recently proposed amendments to the California Consumer Privacy Act's private right of action, e-commerce businesses serving customers in California must remain vigilant in preparing for the likely tide of CCPA litigation, says Alexis Buese of Sidley Austin.

  • A Glimpse Into The Potential Future Of AI Regulation

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    The Algorithmic Accountability Act, a bill recently introduced by Democrats in Congress seeking to enhance oversight of artificial intelligence and data privacy, would present significant challenges for businesses if it became law, say attorneys with Debevoise & Plimpton.

  • Practical Safeguards For Employee Use Of Messaging Apps

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    Independent of the U.S. Department of Justice's recent interest in instant and ephemeral messaging apps, companies have plenty of sound reasons to control their use in the office and have an array of tools to do it, say Erin Schrantz and Andrew Philip Walker of Jenner & Block.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • 2nd Circ.'s Logical Take On 'Event-Driven' Securities Claims

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    The Second Circuit's recent opinion in Singh v. Cigna will not put an end to "event-driven" securities cases, which revolve around negative operational incidents. But it will likely increase the dismissal rate of such claims, and may deter weaker filings, say Adam Hakki and Agnès Dunogué of Shearman & Sterling.

  • What's At Stake In Battle Over TCPA Constitutionality

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    As courts across the country grapple with whether the Telephone Consumer Protection Act passes First Amendment scrutiny, the eventual outcome is likely to permanently shift the contours of free speech jurisprudence, one way or another, say Eric Troutman and Petrina McDaniel of Squire Patton Boggs.