Cybersecurity & Privacy

  • September 22, 2020

    GAO Says Federal Cybersecurity Plan Needs 'Clear' Leader

    The U.S. Government Accountability Office on Tuesday called for the government to name a single official responsible for implementing a federal cybersecurity strategy, saying murkiness around that responsibility was holding the government back from putting the plan into place.

  • September 22, 2020

    What To Watch As Data Privacy Again Grabs Focus In Senate

    Data privacy will be back in the spotlight at the U.S. Senate on Wednesday, with California's attorney general among those set to advise a key committee on long-running efforts to craft federal privacy legislation that would tighten the reins on companies' data handling practices.

  • September 22, 2020

    Cruise Line Must Face Robocall Suit Disputing Website Click

    A Florida federal judge has rejected a cruise line's bid to toss a suit accusing it of violating the Telephone Consumer Protection Act, ordering it to appear at a bench trial in the case claiming that a user's website click assenting to arbitration didn't sufficiently form a contract.

  • September 22, 2020

    Judge Slams Firm's 'Deceptive' Facebook Privacy Deal Ads

    Levi & Korsinsky LLP wrongly ran online advertisements designed to "mislead and deceive" consumers into opting out of a recently secured $650 million biometric privacy settlement with Facebook to pursue their own claims, a California federal judge said during a hearing Tuesday, slamming the law firm's "artful" deception.

  • September 22, 2020

    Capital One, Amazon Can't Escape Suit Over 2019 Data Breach

    A Virginia federal court kept alive a proposed class action filed against Capital One and Amazon after the bank's 2019 data breach, finding that consumers have plausibly claimed that the episode led to an "imminent threat" of identity theft.

  • September 22, 2020

    FCC Says Only Senders Face Liability For Fraudulent Faxes

    The Federal Communications Commission has clarified its stance on who assumes liability when faxes are sent in violation of the Telephone Consumer Protection Act, ruling that "fax broadcasters" are liable for sending unsolicited advertisements rather than the advertisers themselves.

  • September 22, 2020

    Eric Trump Trying To Delay Testimony In Probe, NY AG Says

    Eric Trump shouldn't be allowed to delay testimony until after the election regarding whether President Donald Trump inflated the value of his assets, New York's attorney general told a state court Tuesday, arguing "dilatory conduct" shouldn't be rewarded.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Insurer Says No Finger Scan Defense In Franchiser's Policy

    American Family Mutual Insurance Co. asked an Illinois federal judge Monday to declare that it has no duty to defend a McDonald's franchise owner against underlying state court claims that its finger-scanning practices violate employees' biometric privacy rights.

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Twitter Obtained Phone Numbers Via Fraud, Wash. User Says

    A user hit Twitter with a proposed class action in Washington federal court Monday over its alleged procurement of telephone records by "fraudulent, deceptive or false means" in violation of a state privacy law, arguing the company owes $5,000 per violation.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    3 Lingering Questions About Oracle's Deal With TikTok

    Oracle's deal with TikTok makes it the social media app's "secure cloud technology provider," but questions remain, including how ByteDance will be walled off from TikTok's user data and whether future situations will be handled in the same unusual fashion. Here, Law360 explores three questions that persist in the wake of the announcement from Oracle and TikTok.

  • September 21, 2020

    Reports Of Trump Misconduct Support Subpoena, NY DA Says

    Public reports accusing President Donald Trump and his businesses of wrongdoing could point to crimes that include criminal tax fraud, falsification of business records and insurance fraud, Manhattan's district attorney told a federal appeals court Monday.

  • September 21, 2020

    Ill. Panel Rules Workers' Comp Law Doesn't Bar BIPA Claims

    An Illinois state appeals court has ruled that the state Workers' Compensation Act doesn't bar claims for statutory damages under Illinois' landmark biometric privacy law, dealing a blow to companies and employers that have sought to argue the act preempted those kinds of claims.

  • September 21, 2020

    Law Firm Denies Misleading Facebook Privacy Deal Class

    Levi & Korsinsky LLP responded to challenges that its ads encouraging class members to opt out of a recently secured $650 million biometric privacy settlement against Facebook and pursue their own claims are misleading, saying it "vigorously disputes" the allegations from class counsel.

  • September 21, 2020

    3 Things To Know About Nathan Simington's FCC Nomination

    The White House made a surprising choice last week when it tapped a low-profile adviser from the National Telecommunications and Information Administration to succeed FCC Commissioner Michael O'Rielly. Here are three things you need to know about Nathan Simington and his prospects for joining the commission.

  • September 21, 2020

    TikTok Files New Suit Over Trump's Ban On App Downloads

    TikTok Inc. and its Chinese parent company ByteDance Ltd. have filed a new suit against the Trump administration in D.C. federal court to stop a ban on U.S. downloads of the popular short-form video sharing app, alleging that the government overstepped its authority and violated due process rights and free-speech protections.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

  • September 20, 2020

    5 To Watch As GOP Races To Fill Ginsburg's Seat

    President Donald Trump has said he will name a woman to succeed the late Justice Ruth Bader Ginsburg on the U.S. Supreme Court. Here's a look at five candidates he could pick in the coming days.

  • September 20, 2020

    RBG's Biggest Opinions, From Civil Rights To Civil Procedure

    Justice Ruth Bader Ginsburg was perhaps best known for her dissents, but scholars and those who knew her say her majority opinions may better reflect her judicial philosophy, as well as her time as a law professor and civil rights lawyer.

  • September 19, 2020

    WeChat Users Win Bid To Prevent Shutoff By Trump Admin.

    A group of U.S. WeChat users won their bid late Saturday to halt President Donald Trump's executive order restricting domestic usage of the popular Chinese app due to national security concerns, hours before the order was slated to take effect.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Ginsburg's Passing Could Usher In A Narrower TCPA

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    Justice Ruth Bader Ginsburg's broad commitment to the class action vehicle is unlikely to be shared by a Trump-appointed U.S. Supreme Court justice, suggesting a continued shift toward a narrower application of consumer protection statutes like the Telephone Consumer Protection Act, says Eric Troutman at Squire Patton.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Uber Exec's Charges In Data Breach Case Reveal Novel Risks

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    After the recently announced felony charges against a former Uber executive for failing to inform the Federal Trade Commission of a data breach, there are several action items general counsel should now consider to guard against this disturbing new risk of individual criminal liability, say attorneys at V&E.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Comparing Recent State Data Breach Law Updates

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    Public and private entities should revisit their incident response plans to ensure compliance with and understand the differences among heightened data breach notification requirements that five states and Washington, D.C., added or amended this year, says Jane Petoskey at Polsinelli.

  • 5 Info Blocking Compliance Challenges For Health Providers

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    With the compliance deadline for the U.S. Department of Health and Human Services' new information blocking regulations approaching, health providers should identify and address processes that are particularly likely to constitute information blocking, including those concerning patient access to minors' and other providers' records, say attorneys at Davis Wright.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Discarded Phone Rulings Misapply 4th Amendment Case Law

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    Recent Nevada and Louisiana state court decisions, allowing police to conduct warrantless searches of cellphones deemed abandoned, are part of a growing trend of state and federal courts not following the U.S. Supreme Court's Fourth Amendment jurisprudence that should concern criminal defense attorneys, privacy rights advocates and employers, says Brandon Boxler at Spencer.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Basic Mandamus Questions Support DC Circ.'s Flynn Ruling

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    The D.C. Circuit's decision allowing a trial judge to continue his inquiry into the U.S. Department of Justice's request to abandon its case against Michael Flynn is not difficult to digest when one focuses on the two basic mandamus elements, says Douglas Lang at Dorsey & Whitney.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

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