Cybersecurity & Privacy

  • November 21, 2019

    Bitcoin ‘Inventor’ Faces $658K Atty Fee Bid Over Sanctions

    The estate accusing self-proclaimed Bitcoin inventor Craig Wright of stealing $10 billion worth of the cryptocurrency from his late partner is seeking $658,581 in attorney fees and expenses incurred while trying to get Wright to comply with court orders.

  • November 21, 2019

    House Panel Asks Justices To Allow Trump Record Subpoena

    President Donald Trump’s “extravagant legal claims” aren’t enough to temporarily pause enforcement of the House committee’s subpoena for eight years of Trump’s business records from his longtime accounting firm, the House told the U.S. Supreme Court on Thursday.

  • November 21, 2019

    Trump Not Immune From Investigation, Vance Tells High Court

    President Donald Trump isn’t immune from an investigation into acts he committed while a private citizen, New York County District Attorney Cyrus Vance told the Supreme Court on Thursday, disputing Trump’s attempts to quash a subpoena for his tax returns.

  • November 21, 2019

    FCC’s Starks Says Carriers Need Cash For Huawei, ZTE Purge

    On the eve of the Federal Communications Commission’s planned vote on a national security proposal to remove Huawei and ZTE equipment from U.S. networks, Commissioner Geoffrey Starks argued that rural carriers will be hit the hardest and deserve help covering the cost, which could climb upward of $1 billion.

  • November 21, 2019

    Arbitration Cybersecurity Protocol Outlines Best Practices

    A new cybersecurity protocol for international arbitration unveiled Thursday aims at providing guidance to arbitrators, institutions and arbitration users on topics including baseline security measures, while making clear that it's the responsibility of all involved in an arbitration to address this increasingly important issue.

  • November 21, 2019

    UK Probing Hasbro's $4B Buy Of Entertainment One

    Britain's antitrust watchdog on Thursday said it is looking into whether toy and board game giant Hasbro Inc.'s proposed $4 billion takeover of Canada's film and TV studio Entertainment One Ltd. would threaten competition in the U.K. or in the global market.

  • November 21, 2019

    Facebook Asks Texas Justices To Pause Sex Trafficking Suit

    Facebook Inc. has asked the Texas Supreme Court to pause proceedings in a lawsuit against it by a sex trafficking survivor to prevent the company from answering “burdensome discovery” before an appellate court can decide whether it’s immune from the claims.

  • November 21, 2019

    Ex-Twitter Worker Wins Release Pending Trial On Spy Charges

    A California federal judge will allow the pretrial release of a former Twitter employee accused of helping Saudi Arabia spy on users deemed critics of the regime, saying prosecutors did not sufficiently demonstrate that the Seattle resident is a flight risk.

  • November 21, 2019

    Pai Drawing Up New Robocall Regs If Carriers Don't Hustle

    Unhappy with the progress carriers have made toward implementing robocall-screening caller ID measures, Federal Communications Commission Chairman Ajit Pai said Thursday that his staff is preparing new rules in case carriers don’t move fast enough by the end of the year.

  • November 21, 2019

    Chinese Crypto Miner Raises $90M In Low-Pricing IPO

    Chinese bitcoin mining company Canaan Inc. raised $90 million in an initial public offering that priced at the bottom of its range on Thursday, represented by Simpson Thacher and underwriters counsel Freshfields.

  • November 21, 2019

    Symantec Investor Wants Records On Audit Probe

    A Symantec Corp. investor has filed suit in Delaware Chancery Court seeking the cybersecurity giant's records of an internal audit investigation launched after a former employee raised accounting concerns.

  • November 21, 2019

    Calif. Justices Nix Trump Tax Return Release Law

    The California Supreme Court on Thursday invalidated a state law requiring President Donald Trump and other candidates to release tax returns before appearing on a primary ballot, handing a victory to the state Republican Party, which challenged the new statute.

  • November 20, 2019

    Amazon Home Security Raises Privacy Concerns, Dems Say

    A group of Senate Democrats raised privacy concerns Wednesday about Amazon's home security system, Ring, and want to know how users' personal information will be protected from hackers and foreign agents once it's on Amazon's servers.

  • November 20, 2019

    Ex-Twitter Worker Accused Of Spying Is Flight Risk, Feds Say

    Prosecutors asked a California federal judge Wednesday not to release a former Twitter employee accused of helping Saudi Arabia spy on users deemed critics of the regime, arguing that the Seattle resident is a flight risk.

  • November 20, 2019

    House Satellite Bill Heads To Floor After Bipartisan Deal

    After a last-minute compromise, the House Energy & Commerce Committee voted Wednesday to move forward legislation that would renew  a sunsetting satellite law, but Republicans made clear they’re still not thrilled with the measure.

  • November 20, 2019

    Divulging Password Violates 5th Amendment, Pa. Justices Say

    Pennsylvania state investigators can't force a defendant in a child pornography case to surrender the password to his encrypted computer because doing so would violate his Fifth Amendment right against self-incrimination, the state's top court held Wednesday.

  • November 20, 2019

    9th Circ. Autiodialer Definition Too Broad, Trade Orgs Say

    Trade associations are lining up behind Facebook to argue that courts have stretched the definition of what constitutes an autodialing device under the Telephone Consumer Protection Act too far, and that the Supreme Court should step in and put the matter to rest.

  • November 20, 2019

    Ex-Fox Commentator Fights Atty's Bid To Nix Defamation Suit

    A former Fox News guest commentator who filed a $118 million defamation suit against a lawyer but whose own legal counsel missed a deadline to serve the initial complaint has urged a Texas federal court not to toss the case, as he would lose out on his claim.

  • November 20, 2019

    Appoint 5G Coordinator, Sens. Urge National Security Adviser

    A bipartisan group of lawmakers serving across four U.S. Senate committees has urged national security adviser Robert O'Brien to pick someone to coordinate federal strategy for deployment of fifth-generation wireless networks, calling the 5G rollout a major security challenge for the United States.

  • November 20, 2019

    Trump Begins Approving US Sales To Blacklisted Huawei

    The Trump administration has begun allowing certain U.S. companies to sell to Huawei Technologies Co. Ltd. even as the Chinese telecom giant remains on the national security blacklist, the U.S. Department of Commerce confirmed Wednesday.

  • November 20, 2019

    Korean FTC Prepping Sanctions For Search Engine Co.

    South Korea’s antitrust watchdog is getting ready to bring penalties against the country’s largest search engine after finding that Naver Corp. violated antitrust laws by preferring its own platforms in its search results, according to reports.

  • November 20, 2019

    House Panel Has No Right To Trump's Tax Info, Court Told

    A House of Representatives committee doesn’t have the right to procure six years’ worth of President Donald Trump’s tax return information from the U.S. Department of the Treasury, the department has told a D.C. federal court. 

  • November 19, 2019

    Dish Gains Support For High Court Review Of Standing Divide

    A leading cruise industry trade association is backing Dish Network's bid for the U.S. Supreme Court to toss a $61 million jury verdict over telemarketing calls, arguing that the dispute presents a golden opportunity for the high court to address the growing circuit split over what's required to meet the Spokeo standing bar. 

  • November 19, 2019

    Senate Democrats Unveil Sweeping Privacy Bill Framework

    Senate Democrats released a broad-brush view of what they envision for comprehensive federal privacy legislation that would tackle what they see as wide gaps in consumer data protections across a range of industries.

  • November 19, 2019

    Sens. Prod Zuckerberg: Why Keep Tracking User Locations?

    A bipartisan pair of U.S. senators asked Facebook chief Mark Zuckerberg on Tuesday to explain why the social media giant apparently continues tracking users' mobile locations even after they switch off the tracking function on the site's cellphone app.

Expert Analysis

  • FAA Efforts Aim To Reduce Drone Jurisdictional Disputes

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    Local and state laws concerning drones are widespread, but so, too, are confusion and disagreement over the extent of federal jurisdiction in this area. The Federal Aviation Administration's forthcoming remote identification rules may help resolve some of these conflicts, says Mark Dombroff of Fox Rothschild.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Litigation And Arbitration Are Creating A Public Cyberlaw

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    Although criminal and civil liberties implications are at the forefront of cybercrime and data privacy cases currently before the U.S. Supreme Court, a little-noticed, but potentially important, issue is the development of public cyberlaw at the operational level by commercial lawyers in private business disputes, says Joseph DeMarco of DeVore & DeMarco.

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Adapting 4th Amendment Standards To Connected Tech

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    An evolving view of the Fourth Amendment acknowledges that the detailed and sensitive nature of internet of things data — which is starting to find its way into courtroom evidence — requires strong privacy protections and a shift away from a blunt, either-or approach to third-party access, say Jennifer Huddleston and Anne Philpot of George Mason University.

  • DOD Clarifies Contractor Cybersecurity Certification Process

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    Amy Conant Hoang and Sarah Burgart at K&L Gates explain last week's important changes to the draft Cybersecurity Maturity Model Certification procedures, a framework developed by the U.S. Department of Defense to measure a contractor’s ability to safeguard information handled in the performance of DOD contracts.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • German Report May Be Road Map For Future AI Regulation

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    A recent report from Germany’s Data Ethics Commission suggests a legal future for artificial intelligence that may look a lot like the European Union’s General Data Protection Regulation — sweeping in scope, focused on individual rights and corporate accountability, and applicable across all industries, say attorneys at Debevoise.

  • FCRA Ruling Offers Defense For Hypertechnical Claims

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    A Virginia federal court’s recent decision in Frazier v. First Advantage Background Services provides compelling grounds to challenge claims that attempt to blur the Fair Credit Reporting Act’s technical requirements that distinguish between consumer reporting agencies and the users of their reports in the hiring context, say attorneys at Troutman Sanders.

  • Aviation Sector Must Confront Airport Cyber Risks

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    While attempts to hack planes and airline databases have grabbed the headlines, aviation industry members and their insurers must also focus on the numerous serious cyber vulnerabilities presented by airports, say attorneys at Crowell & Moring.

  • Calif. Privacy Law Compliance Strategies For Health Care Cos.

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    To address the California Consumer Privacy Act’s two-part health care exception, which leaves large gaps of uncertainty for many next-generation health care companies, there are several compliance steps that can be used to assess the applicability of the CCPA, says Ryan Blaney of Proskauer.

  • FINRA Exams Show Greater Cybersecurity, Comms Focus

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    The U.S. Financial Industry Regulatory Authority's recent report on its 2019 examination findings and observations is notable for its increased granularity in observations related to cybersecurity risk management and digital communication tools, signaling heightened compliance expectations for those areas, say Tim Foley and Kate Hanniford at Alston & Bird.

  • AI Bill Emphasizes Transparency And Consumer Control

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    The Filter Bubble Transparency Act introduced in the Senate last month is the latest of growing congressional efforts to regulate artificial intelligence, and the first substantive federal bill aimed at curbing companies' algorithmic control of content on internet platforms, say Adam Aft and Yoon Chae of Baker McKenzie.