Cybersecurity & Privacy

  • April 09, 2020

    Schools Can Give COPPA Consent For Kids Amid Pandemic

    Schools rather than parents can consent under the Children's Online Privacy Protection Act to the collection of young students' personal data for educational reasons, U.S. regulators said Thursday in guidance for education technology firms enabling remote learning during the COVID-19 pandemic.

  • April 09, 2020

    Senate Pressed To Protect Data Privacy Amid COVID-19 Crisis

    Amid the rush to harness data as a tool to understand and stem the spread of the novel coronavirus, open internet advocate Public Knowledge is voicing its concerns about “thoughtlessly advancing digital surveillance technology during the COVID-19 crisis” to the Senate.

  • April 09, 2020

    DOJ Asks FCC To Ban China Telecom, Citing National Security

    The Justice Department is spearheading a government effort to ban China Telecom from doing business in the U.S., citing an increased risk that the state-owned provider will be used for espionage as well as its track record of hiding information from a U.S. telecom security group.

  • April 09, 2020

    SEC Enforcement Expected To Surge On COVID Volatility

    Following the erratic stock market swings fueled by the COVID-19 crisis, attorneys expect a surge in U.S. Securities and Exchange Commission investigations tackling a broad range of potential violations, from outright fraud to disclosure issues.

  • April 09, 2020

    New Moms Claim UPMC Gave Private Info To Social Services

    Patients at the University of Pittsburgh Medical Center said the hospital violated their privacy by sharing unconfirmed or incorrect information about their alleged drug use that triggered investigations by county child services, according to a lawsuit in Pennsylvania federal court.

  • April 09, 2020

    Law Firm Accused Of Aiding Producer's Alleged Spycam Plot

    California-based law firm Jeffer Mangels Butler & Mitchell LLP has been hit with a lawsuit in Los Angeles court claiming one of its name partners was involved in Hollywood honcho Aaron Kaplan's alleged plot to plant spy cameras in the bedroom of his brother's widow.

  • April 09, 2020

    Investcorp To Acquire German Cybersecurity Co. For $180M

    European investor Investcorp Technology Partners said Thursday it will acquire German cybersecurity company Avira in a $180 million deal steered buy-side by McDermott Will & Emery.

  • April 09, 2020

    PTAB Upholds Finjan Cybersecurity Patent In Juniper IP Row

    The Patent Trial and Appeal Board has upheld a Finjan anti-malware patent after determining that Juniper Networks failed to show the three claims it challenged were invalid as obvious in light of an earlier patent and printed publication.

  • April 09, 2020

    Feds Relax HIPAA Enforcement At Coronavirus Testing Sites

    Health care providers are getting some more leeway when it comes to HIPAA compliance, as the U.S. Department of Health and Human Services announced Thursday it won't be imposing penalties for violations stemming from the "good faith participation" in COVID-19 testing sites.

  • April 09, 2020

    Ill. Class Aims To Halt Clearview AI's Facial Photo Data Scrape

    A federal judge should stop Clearview AI Inc. from collecting Illinois residents' photographs for its searchable face database because the company’s continued biometric privacy violations are more egregious than initially known, an Illinois resident said Wednesday.

  • April 09, 2020

    Google Can't Ditch Privacy Suit Over Recording Users

    A California federal judge said Thursday she'll likely trim some claims from a proposed class action alleging Google Assistant software surreptitiously records consumers without consent in violation of privacy laws, but she'll allow the consumers a chance to amend their complaint.

  • April 09, 2020

    SEC Settles With 2 Traders Over 2016 Hack Of Its Database

    The U.S. Securities and Exchange Commission has resolved claims with two stock traders allegedly involved in the 2016 hack of the agency’s Edgar electronic filing system by a Ukrainian national.

  • April 09, 2020

    Coronavirus Litigation: The Week In Review

    States are facing lawsuits amid a push for remote voting in upcoming elections, United Airlines has been sued over refunds for canceled flights, and Walmart was hit with wrongful death claims from the family of a worker fatally infected by the novel coronavirus.

  • April 09, 2020

    9th Circ. Revives Wiretap Claims In Facebook Privacy Suit

    The Ninth Circuit ruled Thursday that Facebook users accusing the company of unlawfully tracking browsing histories could move forward with several wiretap and privacy claims, but that they had failed to allege the necessary elements for three other allegations.

  • April 08, 2020

    Senate Dem Says Surveillance Not Way To Fight Coronavirus

    U.S. Sen. Ed Markey, D-Mass., is raising alarms about the White House's reported plan to create a national coronavirus surveillance system to more precisely track where patients are seeking treatment, arguing that such a move would threaten individuals' privacy and civil liberties. 

  • April 08, 2020

    Trustwave Merger Suit Survives Due To 'Skimpy' Disclosure

    A Delaware vice chancellor on Wednesday let stand a lone claim from a consolidated investor suit alleging Trustwave Holdings Inc. unfairly gave certain stockholders preferential treatment in its roughly $850 million merger with Singapore Telecommunications Ltd., saying a claim related to a “decidedly skimpy” transaction disclosure can proceed.

  • April 08, 2020

    GAO Says Software Co. Too Late To Protest IRS Contract

    A Virginia-based software company can't protest the IRS' decision to choose a competitor for a database management contract after the U.S. Government Accountability Office said it had missed its deadline to do so.

  • April 08, 2020

    Apple Beats ID Login Authentication Trespass Suit For Good

    A California federal judge threw out a putative class action over Apple Inc.’s two-factor authentication login, ruling that the users hadn’t sufficiently alleged that the process was enabled without their authorization nor had they shown how the authentication problem directly caused them harm.

  • April 08, 2020

    Markey Calls For Privacy Rules On Videconference Providers

    After a meteoric rise in Zoom traffic revealed major gaps in the videoconferencing service’s privacy protocols, Sen. Ed Markey asked the Federal Trade Commission on Wednesday to roll out cybersecurity guidelines and best practices industrywide.

  • April 08, 2020

    BIPA Suit Won't Pause For Appellate Weigh-In On Key Issue

    An Illinois federal judge has denied a logistics company's bid to stay a finger scan privacy suit while waiting for a state appeals court to rule if the state workers' compensation law bars money damages in such cases, saying the panel is unlikely to find in the company's favor.

  • April 08, 2020

    Facebook, Google Push Back On UK's Market Power Fears

    In response to a U.K. competition report flagging concerns with Facebook and Google’s dominance in the digital ad market, both tech titans brandished their continued investment in new tech as evidence that competition in the industry is healthy.

  • April 08, 2020

    Rakoff Mulls Bail For Silk Road Crook Jailed In Brooklyn

    U.S. District Judge Jed S. Rakoff pondered Wednesday whether a toy merchant-turned-drug dealer on the online Silk Road bazaar, who is doing time in Brooklyn for lying about where he got $19 million worth of bitcoins, should be released until the coronavirus abates.

  • April 08, 2020

    Shareholders Sue Zoom Over Privacy, Hacking Concerns

    Video conferencing provider Zoom was hit with a proposed class action accusing it of misleading shareholders about the degree of its data privacy and security measures and failing to disclose that its service was not end-to-end encrypted.

  • April 07, 2020

    Nuance Can't Shake Hospital's Bid To Recover Breach Losses

    A West Virginia federal judge has refused to toss a hospital's suit seeking to hold software provider Nuance Communications Inc. liable for $6.8 million in damages that the health system says it's incurred as the result of a 2017 cyberattack, finding that it was too early to declare that any terms in the parties' contracts let Nuance off the hook.  

  • April 07, 2020

    Attys Score $53M In $240M Wells Fargo Fake Account Deal

    Lieff Cabraser and Saxena White attorneys representing Wells Fargo & Co. investors in their derivative suit over fake accounts will come away with $52.8 million in fees, a 22% cut of the $240 million settlement they negotiated last year, according to an order issued Tuesday in California federal court.

Expert Analysis

  • Coronavirus Stimulus Fraud May Be A Target For State AGs

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    Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Telecom's Role In Virus Response Raises Policy Challenges

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    If the U.S. follows other countries in implementing data-tracking strategies to trace COVID-19 infections, wireless networks' involvement in the process will pose significant questions about federalism, privacy and access to telecommunication services, say Joshua Turner and Sara Baxenberg at Wiley Rein.

  • What Privacy Compliance Looks Like During COVID-19

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    As regulators in the U.S. and EU issue COVID-19 guidance aimed at striking a balance between protecting privacy and facilitating effective treatment, employers and health care providers must be mindful of changing privacy obligations, say Anna Clark and Joel Thayer at Phillips Lytle.

  • Coronavirus Pandemic Highlights Value Of Data Centers

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    The COVID-19 crisis has elevated the profile of data centers due to the massive increase in the volume of telecommunication, data processing and storage, and other online activities, say Michael Rechtin and Michael Merar at Seyfarth.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Avoiding Class Claims For Sharing COVID-19 Location Data

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    As American companies consider sharing anonymized geolocation data with the government to assist in tracking coronavirus transmission, they can follow guidelines to protect against costly consumer privacy class actions, say attorneys at Buchanan Ingersoll.  

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • The Pandemic's Early Effects On Foreign Trade, Investment

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    Though the Committee on Foreign Investment in the United States continues to function despite worldwide disruptions due to the coronavirus, dealmakers should stay mindful of several considerations in this rapidly changing investment environment, say Michael Leiter and Daniel Gerkin at Skadden.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • 2nd Circ. Dismissal Affirms The Limits Of Civil RICO Claims

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    The Second Circuit's recent decision in Halvorssen v. Simpson makes clear that, while courts have permitted the use of civil Racketeer Influenced and Corrupt Organizations Act suits in disputes involving legitimate businesses rather than crime syndicates, there are real limits to these claims, say attorneys at Dechert.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Calif. Privacy Law Considerations For Private Funds

    Excerpt from Lexis Practice Advisor
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    Reece Hirsch and Brian London at Morgan Lewis explore when private investment funds and their managers are subject to the California Consumer Privacy Act and similar state laws, when they are exempt, and what they need to do to comply.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

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