Cybersecurity & Privacy

  • July 30, 2021

    Cybersecurity & Privacy Policy To Watch For Rest Of 2021

    More states are expected to add their own consumer privacy protections to the books in the coming months, while federal regulators are likely to spend the remainder of 2021 stepping up their scrutiny of Big Tech and pushing to clamp down on a recent scourge of ransomware attacks. 

  • July 30, 2021

    Gov't Google Suits Implicate Trillions Of Pages Of Docs

    A dispute over when Google will produce samples of the journeys taken by search users highlights the enormous amount of raw data implicated in lawsuits brought by the U.S. Department of Justice and state attorneys general accusing the company of monopolizing search advertising.

  • July 30, 2021

    SEC Raises The Disclosure Bar For China-Based IPO Seekers

    The U.S. Securities and Exchange Commission on Friday announced a series of new disclosure requirements that will make it harder for Chinese companies to launch IPOs in the U.S., answering calls by lawmakers who say the Chinese government may be intentionally exploiting U.S. investors.

  • July 30, 2021

    Calif. Fertility Clinic Can't Nix Google Employee's Privacy Suit

    A fertility clinic accused of blasting a patient's medical history of in-vitro fertilization to her co-workers at Google Inc. via a group email address can't dodge the woman's privacy lawsuit, a California appeals court ruled Thursday, saying that the state's anti-SLAPP law doesn't apply.

  • July 30, 2021

    Arthur J. Gallagher Co. Hit With Suit Over Data Breach

    Insurance broker Arthur J. Gallagher Co. allegedly failed to protect thousands of customers' personally identifiable information, leaving those individuals exposed during a data breach last year, a proposed class of customers claims in Illinois federal court.

  • July 30, 2021

    7th Circ. Lets UnitedHealthcare Arbitrate TCPA Suit

    An Illinois chiropractor was correctly ordered to arbitrate his seven-year-old claim that UnitedHealthcare sent him an unwanted fax in violation of federal law, the Seventh Circuit said Friday.

  • July 30, 2021

    Wawa, Consumers Get Nod For $12M Data Breach Deal

    A Pennsylvania federal judge on Friday gave her preliminary nod to a $12 million gift-card-and-cash settlement for customers of the Wawa convenience store chain in a lawsuit over a March 2019 data breach, over objections raised by employees who also sued.

  • July 30, 2021

    DOJ Tells Treasury To Give Trump's Returns To House Panel

    The U.S. Department of Justice recommended that the Treasury Department disclose former President Donald Trump's personal tax returns, along with those for eight of his businesses, to the House Ways and Means Committee, according to a slip opinion published Friday.

  • July 30, 2021

    Amazon Hit With €746M Privacy Fine From EU Regulators

    Luxembourg's data protection regulator has fined Amazon a record €746 million ($884.9 million) for allegedly violating the European Union's stringent data protection rules through its collection and use of personal data.

  • July 29, 2021

    Alphabet Investors Tell Judge Board Willfully Ignored COPPA

    Alphabet investors warned a California federal judge Thursday that he would set a "dangerous precedent" if he let Google and YouTube's parent company, Alphabet, and its top brass dodge a derivative action alleging that the tech behemoth knowingly collected children's online data in violation of the Children's Online Privacy Protection Act.

  • July 29, 2021

    Dick's, Best Buy, Tech Co. Sued Over Consumer 'Risk Scores'

    A group of consumers is suing Dick's Sporting Goods, Best Buy and other major retailers in a Pennsylvania federal court for contracting with a consumer reporting agency they claim invaded their privacy and violated state and federal laws.

  • July 29, 2021

    Insurer Says Ill. Produce Store's Policy Blocks BIPA Coverage

    Philadelphia Indemnity Insurance Co. filed suit Thursday asking a federal judge to declare it has no duty to defend two Illinois produce markets against underlying claims that their time-tracking practices violated a former employee's biometric privacy rights.

  • July 29, 2021

    FinCEN's New Adviser Aims To Crack Down On Crypto Crime

    Michele Korver's career has led her into the deepest parts of the criminal underworld, hunting criminals who use digital currencies to finance their misdeeds. But as debate rages over the regulation of digital assets, there are no hard feelings regarding crypto from Korver, who became the Financial Crimes Enforcement Network's first-ever chief digital currency adviser this month.

  • July 29, 2021

    House Approves $19B Boost For DOT Budget

    The U.S. Department of Transportation could see its budget bumped up to $105.7 billion to expand safety programs and fund highway, rail, transit and climate-focused infrastructure projects as part of a sprawling spending package the U.S. House of Representatives approved Thursday.

  • July 29, 2021

    1st Circ. Suggests Carbonite Stock-Drop Suit May Be Revived

    The First Circuit on Thursday signaled its skepticism that Carbonite Inc. should have escaped a stock-drop suit, wondering how the company's higher-ups could have possibly been in the dark about a data backup product that never worked while touting it to investors.

  • July 28, 2021

    Walmart Axes Calif. Suit Alleging Data Breach For Good

    A California federal judge on Wednesday axed a proposed class action claiming Walmart's lax security practices compromised customers' personal data in violation of the California Consumer Privacy Act, finding it didn't credibly allege that the purported leak of personal information occurred after the law went into effect last year.

  • July 28, 2021

    Crypto Developers Seek $701K Sanctions For 'Baseless' Suit

    The developers of cryptocurrency Nano sought over $701,000 in attorney fees and costs as a sanction after a token buyer dropped his proposed class action, telling a California federal court that some of the claims lobbed against them had been "legally baseless."

  • July 28, 2021

    Biden To Create Cybersecurity 'Goals' For Critical Sectors

    President Joe Biden on Wednesday ordered federal agencies to create cybersecurity "performance goals" for the energy, water and chemical industries in a bid to boost defense standards within critical infrastructure months after a cyberattack hit one of the nation's largest fuel pipelines.

  • July 28, 2021

    American Airlines Says BIPA Suit Belongs In Fed. Court

    American Airlines on Tuesday urged an Illinois federal judge to keep a biometric privacy claim against it in federal court, saying the Seventh Circuit has clarified the decision its customers rely on in their remand motion and that virtually every court to consider a remand on the law ever since has denied it.

  • July 28, 2021

    Deloitte Can't Strip Class Claims From Maternity Leave Suit

    A Manhattan federal judge declined Wednesday to strike class action claims from a former Deloitte cybersecurity expert's suit alleging that she was fired from her role as a senior manager because she took full maternity leave.

  • July 28, 2021

    Vehicle Repair Tech Co. Says Competitor Hacked, Stole Data

    An automotive repair software company is suing Autel and its affiliate for allegedly stealing trade secrets and proprietary data through relentless clandestine spoofing attacks in China, locking out legitimate users and forcing it to shut down access to its servers.

  • July 27, 2021

    Former Gov't Contractor Gets 45 Months For Classified Leaks

    A former National Geospatial-Intelligence Agency contractor who leaked classified defense documents to the media was sentenced to nearly four years in prison on Tuesday, the U.S. Department of Justice announced.

  • July 27, 2021

    Profs, 1st Amendment Clinic Side With Facial Data Co. In Suit

    The First Amendment Clinic at Duke Law and two law professors backed Clearview AI in an Illinois federal court suit, arguing that the First Amendment protects the facial recognition company's practice of extracting biometric data from online images of people's faces.

  • July 27, 2021

    Fandango Can't Arbitrate Fla. Wiretap Claims, Judge Advises

    A Florida federal judge on Tuesday recommended striking down Fandango's bid to arbitrate claims that it violated the state's wiretapping law by unlawfully tracking users' online activities, finding that the "inconspicuous appearance and poor placement" of the arbitration agreement on its website failed to provide visitors with adequate notice of the policy. 

  • July 27, 2021

    Ex-Cop Gets 18 Mos. In Prison For EBay Stalking Scheme

    A Massachusetts federal judge handed down an 18-month prison sentence Tuesday to a retired California cop who prosecutors say stalked and terrorized a Massachusetts couple over their blog's critical reporting of eBay while he was a security employee at the online marketplace.

Expert Analysis

  • Opinion

    DC Court Is Wrong On Jan. 6 Grand Jury Evidence Sharing

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    The D.C. federal court erred recently when it denied the government's request to share grand jury materials from U.S. Capitol riot cases with a private contractor hired to organize the voluminous evidence, turning the practical grand jury secrecy doctrine into a straitjacket, says Steven Gordon at Holland & Knight.

  • Will You Be Ready If Your Class Action Goes To Trial?

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    Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

  • Rolling Disclosure Cap Method May Lead To Lower Damages

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    In light of a California federal court's decision in a securities class action against Zoom, consultants at Analysis Group analyze how utilizing rolling disclosure cap methodology affects damage calculations, compared to the Private Securities Litigation Reform Act's more traditional final disclosure cap.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • How Tech Cos. Can Guard Against DOJ Gag Orders

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    In light of recent criticism technology companies have faced over compliance with Stored Communications Act nondisclosure orders from the U.S. Department of Justice, companies can protect themselves and their customers through formal policies, contractual provisions and First Amendment challenges, say Kellen Dwyer and Kim Peretti at Alston & Bird.

  • 5 Questions On Standing In The Wake Of TransUnion

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    While the U.S. Supreme Court's decision in TransUnion v. Ramirez provided some clarity on the contours of Article III standing, it opens the door to several potential shifts in where and how consumer class actions will be litigated, say attorneys at Troutman Pepper.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Gov't Contractor Input Vital After Biden Cybersecurity Order

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    The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

  • TransUnion Ruling Limits Standing But Could Hurt Defendants

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    The U.S. Supreme Court's recent decision in TransUnion v. Ramirez could represent a pyrrhic victory for the defense bar by further shifting class standing from a motion-to-dismiss argument to one that is not ripe until summary judgment, which could present a multibillion-dollar problem for defendants in data privacy litigation, say David Saunders and Peter Scheyer at McDermott.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • 5 Steps For Legal Teams To Mitigate Industrial Cyber Risk

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    While cyberattacks on critical infrastructure and other industrial systems present distinct legal risks from traditional enterprise cybersecurity, legal teams can draw upon familiar risk management practices to strengthen their industrial cybersecurity posture, say Stephen Lilley and Veronica Glick at Mayer Brown and Ben Miller at Dragos.

  • How Western States Help The Wealthy Avoid Taxes, Creditors

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    The race by certain states in the western U.S. to legalize shell companies, private trusts and other mechanisms allowing wealthy individuals to avoid taxes and creditors underlies the U.S.' status as a secrecy haven of choice, says Daniel Pascucci at Mintz.

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