Cybersecurity & Privacy

  • July 19, 2019

    Kids' Data Again In Spotlight As FTC Revisits Privacy Rule

    The Federal Trade Commission has called for what could be a multiyear review of its child privacy rules, a process that could upend compliance plans for website operators and app developers and bring a wider range of service providers and personal information under the law, attorneys say. 

  • July 19, 2019

    DNC Wants Mueller Report Kept Out Of Election Hack Suit

    The Democratic National Committee told a Manhattan federal judge Friday there is no need to take judicial notice of the Mueller report in considering the plausibility of its complaint claiming the party was harmed by email hacking in the run-up to the 2016 presidential election.

  • July 19, 2019

    Ex-NSA Contractor Gets 9 Years For Classified Doc Theft

    A former National Security Agency contractor was sentenced to nine years in prison on Friday after amassing a hoard of top-secret and other classified documents over the course of roughly two decades, the U.S. Department of Justice announced.

  • July 19, 2019

    Targeted Ransomware Attacks Soar, Symantec Reports

    The number of targeted ransomware attacks has skyrocketed in the past year as new attackers have increasingly emerged, cybersecurity giant Symantec Corp. said in a recent report.

  • July 19, 2019

    After Delay, Pa. Programmer Pleads To Siemens Sabotage

    A Pittsburgh-area computer programmer pled guilty in federal court Friday to planting code that would deliberately break programs he’d written under contract with Siemens Corp., after his previous plea hearing was halted in June amid disagreements over whether his motivation should have been considered.

  • July 19, 2019

    Audit Identifies Basic Cybersecurity Flaws At The IRS

    The Internal Revenue Service has put millions of taxpayer records at risk by failing to address dozens of cybersecurity flaws, including its failure to take basic steps to authenticate users, according to a congressional watchdog.

  • July 19, 2019

    Fraud Ring Posing As Gov't Officials, DHS Watchdog Warns

    The Department of Homeland Security’s watchdog has issued an alert about a scheme by an Atlanta-based transnational fraud ring that poses as government procurement officials to steal electronics from unsuspecting contractors.

  • July 19, 2019

    FCC Mulling Customer Opt-Outs For Wireless Carriers' Texts

    The Federal Communications Commission is considering whether to allow cell service customers to opt out of all texts from their providers after an AT&T customer complained the carrier wouldn’t stop sending frequent, unwanted messages about his data usage and bills.

  • July 19, 2019

    Crypto 'IEOs' Grow Globally Despite US Legal Obstacles

    Initial exchange offerings, a fast-rising global phenomenon where cryptocurrency exchanges administer token sales on behalf of blockchain startups, stand little chance of taking off in the U.S. because of legal risks tied to this novel form of capital raising, lawyers say.

  • July 18, 2019

    Schumer Wants FaceApp's Data Usage, Russian Ties Probed

    Senate Minority Leader Chuck Schumer, D-N.Y., is asking the FBI and Federal Trade Commission to look into privacy and national security concerns posed by the rapid rise of the photo-altering FaceApp app, which is run by a Russian tech company and has scooped up personal data from millions of Americans.  

  • July 18, 2019

    2.2M Clinical Pathology Patients Added To AMCA Data Breach

    A Texas-based medical testing company has added itself to the list of companies swept up in debt billing collector American Medical Collection Agency's massive data breach, an incident that has already affected Quest Diagnostics Inc. and LabCorp.

  • July 18, 2019

    Feds Want 'Breathtaking' ACLU Border Search Case Nixed

    An American Civil Liberties Union lawyer said requiring warrants for cellphone searches at the border would do little to impede the work of immigration officials while a government attorney said the "breathtaking" ACLU ask would undermine the nation's security, in dueling arguments before a federal judge Thursday.

  • July 18, 2019

    Hertz Escapes Class Allegations In Robocall Suit

    An Illinois federal judge on Thursday struck class allegations against The Hertz Corp. from consumers who accused the car rental company of repeatedly making unwanted robocalls, finding that the circumstances in the named plaintiff's case are too specific to represent the proposed class.

  • July 18, 2019

    NTIA Asks FCC To Update Network Servicing Rules

    The National Telecommunications and Information Administration asked the Federal Communications Commission on Wednesday to launch a rulemaking to update the rules surrounding its Telecommunications Service Priority program, which lets certain registered groups get priority when telecom carriers are renovating or temporarily taking down their service lines.

  • July 18, 2019

    $38M Win For 'Madoff' Defamation Not Covered, 9th Circ. Says

    The Ninth Circuit affirmed Thursday that Berkley National Insurance Co. isn't obligated to cover a $38 million defamation award that a Los Angeles real estate investor won against Berkley's policyholder, who created websites comparing the investor to jailed Ponzi schemer Bernie Madoff.

  • July 18, 2019

    EQT Trade Secrets Suit Paused Amid CEO, Board Change

    A Pennsylvania federal lawsuit accusing an ex-EQT Corp. employee of stealing company data the night before his firing was put on hold Thursday after a secondary target in the case took over the company in a proxy battle.

  • July 18, 2019

    Trump Added To House Tax Panel's Suit Seeking His Tax Info

    A D.C. federal judge on Thursday added President Donald Trump and several of his business entities as defendants in the House Ways and Means Committee's lawsuit seeking his personal and business tax return information.

  • July 18, 2019

    Inconsistent Tech, Trade Policies Hamstring Trump Admin

    The Trump administration's trade negotiations with China have bogged down as administration officials appear split over whether to treat state-affiliated technology firms like Huawei as threats to avoid or as partners to cut deals with, experts agreed Thursday during a Washington, D.C., panel.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    3 Times Justice Stevens Boosted Privacy Rights

    When it came to privacy rights, the late U.S. Supreme Court Justice John Paul Stevens repeatedly sided with individuals over governments during his 34 years on the high court. Here, Law360 revisits three of his most notable privacy rulings, including his finding that people have a constitutional right to share political opinions anonymously. 

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

Expert Analysis

  • Corporate Compliance Through The Lens Of Calif. Privacy Law

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    While businesses are preparing for the California Consumer Privacy Act they can pull from the U.S. Department of Justice's recent guidance on compliance programs to establish controls that not only protect consumer information, but also enhance overarching corporate compliance, say Robb Adkins and Shawn Obi at Winston & Strawn and Stephanie Douglas at Guidepost Solutions.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Calif. Privacy Law's 3 Limited Exemptions For Health Cos.

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    So that health and life sciences companies can better determine whether the information they collect is subject to the California Consumer Privacy Act, Jason Linder and Libby Jelinek of Irell & Manella address the scope of certain CCPA exemptions and identify the main areas of ambiguity.

  • 5 Takeaways From DOJ Focus On Chinese Trade Secret Theft

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    Since its official announcement of the China Initiative eight months ago, the U.S. Department of Justice has publicized the initiation of six new cases that include references to both trade secrets and China. These shed some light on DOJ and U.S. business priorities, says Sara O’Connell at Pillsbury.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Tips For Avoiding Multistate HIPAA Data Breach Lawsuits

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    A recent settlement between Medical Informatics Engineering and 16 states appears to be the first state mass action based on purported Health Insurance Portability and Accountability Act violations. It signals increased state-level exposure for HIPAA data breaches and offers a useful compliance checklist for HIPAA-covered entities, say Saad Gul and Michael Slipsky of Poyner Spruill.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • State Net

    Local Governments Push To Regulate Public Surveillance

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    San Francisco's Board of Supervisors recently approved an ordinance banning the use of facial recognition technology by all city departments. The law is part of a growing movement among localities and states to increase oversight of the use of surveillance technologies by government entities, says Korey Clark of State Net Capitol Journal.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Regulatory Push For Transportation Cybersecurity

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    Transportation remains one of the few U.S. critical infrastructure sectors that is not covered by federal cybersecurity mandates. But in the last few months, the White House, the U.S. Department of Homeland Security and Congress have begun raising concerns, and new regulations may be on the way, says Norma Krayem of Holland & Knight.

  • Revenge Porn Can Be Outlawed Under The First Amendment

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    To date, 46 states and the District of Columbia have passed needed legislation penalizing nonconsensual distribution of pornographic images of another person, but constitutionally outlawing this phenomenon is tricky and some statutes will likely be struck down, says Nicole Ligon, supervising attorney of the First Amendment Clinic at Duke Law.

  • Recent Trends In California's AI Regulation Efforts

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    California's pending bills and resolutions regarding artificial intelligence focus mostly on regulating governments' use of AI technologies, but some proposed legislation would create new compliance challenges for businesses, say Yoon Chae and Hayden Householder of Baker McKenzie.

  • NY Privacy Bill Would Expand Data Security Requirements

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    If enacted, New York's recently passed SHIELD Act would broaden existing data breach law. Arguably its most significant provision will be the section imposing new requirements on persons and businesses collecting private information associated with a New York resident, say Erik Dullea and Ephraim Hintz of Husch Blackwell.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.