Cybersecurity & Privacy

  • October 11, 2019

    Trump Attys Tell 2nd Circ. Presidents Immune From Criminal Probes

    Lawyers for President Donald Trump argued Friday that as a sitting president, he has “absolute immunity” from criminal investigations and therefore the Second Circuit should block the Manhattan district attorney from subpoenaing Trump’s tax returns.

  • October 11, 2019

    Trump Taps Ex-Mayer Brown Partner For Russia Ambassador

    President Donald Trump announced his intent Friday to nominate former Mayer Brown LLP partner and current Deputy Secretary of State John Sullivan as the country's ambassador to Russia.

  • October 11, 2019

    4 Privacy Disputes Ripe For Supreme Court Review

    While the U.S. Supreme Court doesn't currently have a blockbuster privacy case on its docket, several hot-button issues are primed to be added to the justices' agenda, such as the standards for certifying massive privacy classes and the harm that has to be shown to prop up data breach claims.

  • October 11, 2019

    Real Estate Developer Settles Spam Text Suit For $1.5M

    A real estate investment management company has agreed to pay $1.5 million to put to bed a proposed class action accusing it of sending more than 100,000 spam text messages promoting its rental apartments, according to documents filed in Florida federal court. 

  • October 11, 2019

    Grubhub Says Calls To Customer Were Properly Targeted

    A Grubhub user has “pled herself out of court” after amending claims that customers nationwide received hundreds of unwanted autodialed calls despite being told they would stop, the mobile food delivery service has argued in a bid to escape the suit.

  • October 11, 2019

    Sens. Push OMB For More Info On Tech Supply Chain Threats

    Top members of the U.S. Senate Homeland Security Committee have warned that the Trump administration may be leaving Congress and the federal judiciary in the dark about discovered supply chain security vulnerabilities, potentially heightening the risk of a cyberattack. 

  • October 11, 2019

    Miller Canfield Opens Defense-Focused Practice In Qatar

    Miller Canfield Paddock & Stone PLC opened its first office in the Middle East in Qatar to focus on advising the U.S. defense industry, including contractors and cybersecurity and aerospace companies.

  • October 11, 2019

    Reed Smith Nabs Ex-Morrison & Foerster Capital Markets Atty

    Reed Smith LLP has added a capital markets attorney from Morrison & Foerster LLP as a partner in its global corporate practice in New York.

  • October 10, 2019

    Ether Is Definitively A Commodity, CFTC Chair Says

    The chairman of the U.S. Commodity Futures Trading Commission said Thursday that the cryptocurrency Ether is definitively a commodity in line with Bitcoin, which has also been excluded from securities laws and falls under the purview of the Commodity Exchange Act.

  • October 10, 2019

    3rd Circ. Revives Wrongful Firing Case Over Wiretap Claim

    The Third Circuit on Thursday revived a First Amendment claim by a former Pennsylvania state worker who alleged that she was fired for complaining about being secretly recorded by a union official, reasoning that she was entitled to free speech protection because her report of the matter concerned the public's interest.

  • October 10, 2019

    Tiversa Can't Keep Up With LabMD Defamation Doc Demands

    Defunct cybersecurity firm Tiversa Holding Co. told a Pennsylvania state court judge that it's been reduced to a one-person operation and no longer possesses much of the computer equipment former cancer testing company LabMD is demanding for discovery in a defamation case between the two shuttered companies' executives.

  • October 10, 2019

    Illinois Wendy's Franchisee Hit With Biometric Privacy Suit

    A former crew member at an Illinois Wendy's has filed a proposed class action claiming that her employer, franchisee All-Star Inc., breached the state's unique biometric privacy law by scanning employees' thumbprints for time-keeping purposes without first getting consent.

  • October 10, 2019

    US Venture Funding Falls In Q3, But Stays Historically High

    U.S.-based venture capital-backed companies saw a drop in fundraising from the second quarter of 2019, but the third quarter still ranked as one of the highest this century in terms of overall value, according to a report from PricewaterhouseCoopers and CB Insights.

  • October 10, 2019

    Calif. AG Rolls Out Consumer Data Privacy Regulations

    California's attorney general on Thursday released long-awaited draft regulations on how companies should implement the state's landmark consumer privacy law, including guidance on how to respond to consumer data requests and how to avoid discriminating against consumers.

  • October 09, 2019

    FBI's Foreign Spying Violated Americans' Privacy, FISC Found

    The secretive Foreign Intelligence Surveillance Court chided the FBI last year for trampling on Americans' constitutional privacy rights in its efforts to monitor foreign targets' electronic communications, the intelligence community revealed. 

  • October 09, 2019

    What Your Practice Needs To Know About Telehealth

    A monitoring sock that lets newborns go home from intensive care sooner. An internet-connected tablet that keeps diabetes patients out of the hospital. Innovations like these offer the promise of easing burdens on an overloaded health-care system while meeting patients where they are through technology. Here’s what you need to know about telemedicine and how it might affect your practice.

  • October 09, 2019

    EPA Head's CBS News Interview Sparks Sierra Club Suit

    The Sierra Club on Wednesday sued the U.S. Environmental Protection Agency seeking records supporting agency head Andrew Wheeler's claim on CBS News that “most of the threats from climate change are 50 to 75 years out,” a statement the environmental group said "has no apparent basis."

  • October 09, 2019

    Cellphone Customers Divided On Automatic Call-Blocking

    Fewer than 40% of U.S. consumers want their mobile providers to automatically block calls from numbers that aren’t in their contacts, according to a new survey — a signal that the public might not be entirely enthused about efforts by the Federal Communications Commission and Congress to crack down on scam robocalls.

  • October 09, 2019

    SEC Nixes Bitwise ETF Bid Citing Bitcoin Market Manipulation

    The U.S. Securities and Exchange Commission denied Bitwise Asset Management's bid to launch a bitcoin exchange-traded fund in a Wednesday order, stating that it was not convinced the "real bitcoin market" can be resistant to manipulation or fraud.

  • October 09, 2019

    HHS Unveils Plan For Kickback, Stark Law Changes

    The U.S. Department of Health and Human Services on Wednesday floated a proposal for new Anti-Kickback Statute safe harbors that would shield coordinated-care arrangements among health care providers, and also a proposal to ease Stark Law restrictions on physician referrals.

  • October 09, 2019

    Sens. Warn Payment Cos. On Dangers Of Sticking With Libra

    Two Democratic U.S. senators urged members of the Libra Association to proceed with caution and warned of the intense regulatory scrutiny extending beyond their involvement in Libra to the companies' existing business activities, should they stick with the project.

  • October 09, 2019

    Groupon Photo Suit Shipped Back To District Court

    An Instagram user's putative class action against Groupon is headed back to Illinois federal court after the Seventh Circuit on Wednesday ordered a limited remand, finding Groupon hadn't proved federal jurisdiction when it asked for the case to be removed from state court.

  • October 09, 2019

    Bitcoin Players Seek Exit From Market 'Hijacking' Suit

    Several prominent players in the Bitcoin Cash cryptocurrency network urged a Florida federal court Wednesday to let them out of a suit over their alleged "hijacking" of a software upgrade that a Miami-based company says led to a $4 billion "global capitalization meltdown."

  • October 09, 2019

    EU Cookie Ruling Tightens Leash On Ad Tech Staple

    The online advertising industry was put on notice last week in an explicit warning from the European Court of Justice: get specific consent to track users with web cookies, or face potential enforcement action for flouting privacy rules.

  • October 09, 2019

    Phelps Dunbar Nabs Baker Donelson Health Care Team

    Phelps Dunbar LLP has nearly doubled the size of its health care practice group in Louisiana with the addition of three partners from Baker Donelson Bearman Caldwell & Berkowitz PC.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Revising Cloud Contracts In Light Of Capital One Cyberattack

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    In 2019, there have been 3,494 cyberattacks against financial institutions, including, most notably, Capital One. Until regulatory action is taken, financial institutions, which are on their own when it comes to addressing potential cloud service risks, should incorporate liability and security provisions into cloud service contracts, say Nicholas Smith and Rita Ganguli of Milbank.

  • Chinese Acquisitions Even More Uncertain In New CFIUS Era

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    While hostility toward Chinese-led investment in U.S. companies is not new, the proposal expanding the Committee on Foreign Investment in the United States' authority to scrutinize such deals casts further doubt over how many inbound Chinese investments in the U.S. will actually close, says Jing Zhao at Saul Ewing.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Data Privacy Compliance Best Practices For Asset Managers

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    An asset manager can more nimbly engage with the nuances of new data privacy legislation by following a best practices model, developed through universal protocols, that can more readily be adapted to comply with a variety of laws, say attorneys at Ropes & Gray.

  • 3 Policy Developments To Watch As US-China Divide Grows

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    While trade negotiations between the U.S. and China resume Thursday, it is difficult to imagine a trade agreement in the near term that could blunt the momentum of larger strategic forces pushing the two countries apart, say attorneys at Kirkland.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Cybersecurity Issues To Consider In Oil And Gas M&A

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    Cybersecurity is a key risk factor in mergers and acquisitions generally, but executives and directors contemplating an acquisition in the oil and gas sector must note the industry's unique cybersecurity challenges in order to properly assess transaction risks and value target companies, say attorneys at Skadden.

  • Digital Platforms Must Heed Japanese Antitrust Law Updates

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    The Japanese government has expedited discussions for new regulations and enforcement regarding digital platforms, bringing new possible risks and protections for U.S. platforms with users in Japan, says Takashi Komoguchi of Oh-Ebashi.

  • AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

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    The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.

  • Regulatory Scrutiny Exposes Crypto Oversight Challenges

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    A recent U.S. House Committee on Financial Services hearing highlights the lack of clarity on cryptocurrencies' legal obligations, as well as potentially shifting expectations as legislators and regulators consider how to oversee cryptocurrencies as a consumer financial product, say Duane Pozza and Antonio Reynolds at Wiley Rein.

  • State Net

    Battles Still Rage Over Calif. Data, Worker Classification Laws

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    California is set to be reshaped soon by two pieces of legislation — one on data privacy, and one on worker classification — but numerous attempts by lawmakers to amend both laws, and the possibility of ballot measures that may further alter them, are clouding the picture, says Rich Ehisen of State Net Capitol Journal.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.