Cybersecurity & Privacy

  • August 21, 2019

    Top EU Data Privacy Watchdog Buttarelli Dies

    Giovanni Buttarelli, who as Europe's data protection supervisor was an influential adviser in shaping the bloc's privacy laws, has died at the age of 62, his office said Wednesday.

  • August 20, 2019

    Ex-Rams Ticket Exec's 'Trash Talk' Suit Tossed, For Now

    A California federal judge on Tuesday threw out a suit brought by a former Los Angeles Rams ticket executive over the publishing of and reporting on private — and profane — "trash talk" text messages he sent a friend about New England Patriots safety Patrick Chung, an exchange that he says ultimately cost him his job.

  • August 20, 2019

    ViSalus, Consumers Brawl Over Decert. Bid In Robocall Suit

    ViSalus Inc. and a consumer class fighting a high-stakes robocall lawsuit are escalating their feud over whether an Oregon federal judge should dismantle the class after the Federal Communications Commission retroactively waived violations for many of the unwanted marketing calls that triggered the legal action.

  • August 20, 2019

    Denial Of Trump Tax Returns Unprecedented, House Attys Say

    A D.C. federal judge should force Treasury to honor a congressional request for President Donald Trump’s tax returns because the department’s failure to comply is unprecedented and unlawful, attorneys for the U.S. House of Representatives argued Tuesday.

  • August 20, 2019

    Justices Asked Once More To Review IRS Summons Dispute

    An Eleventh Circuit dismissal of a dispute over an IRS summons seeking clients' bank records as part of an investigation into their attorney's tax liabilities conflicts with Tenth Circuit precedent, the U.S. Supreme Court was recently told.

  • August 20, 2019

    More Than 20 Texas Towns Hit By Ransomware Attacks

    More than 20 local Texas governments have become the latest publicized victims of ransomware, with hackers demanding digital payment to unlock computer networks in what state officials have called coordinated attacks.

  • August 20, 2019

    Crypto Platform Sets $130M Target In Rare IPO Filing

    Cryptocurrency trading platform INX Ltd. filed plans to raise up to $129.5 million in an initial public offering with the help of McDermott Will & Emery LLP, Horn & Co. Law Offices and Hassans International Law Firm, making it one of a few cryptocurrency companies to pursue a U.S. listing. 

  • August 20, 2019

    Feds Say Fake PAC Man Who Used Beto Site Is On The Lam

    A California man accused of pilfering $250,000 from web surfers who thought they were supporting the political action committees of prominent politicians like Beto O'Rourke jumped bail after appearing in Arizona and is on the lam, federal authorities in New York said Tuesday.

  • August 20, 2019

    Property Boss Gets 5-Year Ban For Cold Calls, Unpaid Tax

    The director of a property firm has been hit with a five-year order banning him from holding a senior position at a company after failing to pay £250,000 ($300,000) in taxes and allowing employees to make more than 110,000 nuisance phone calls, a government regulator said Tuesday.

  • August 19, 2019

    11th Circ. Urged To Ignore FCC Rule Change In Fax Ad Suit

    Two hotel operators are pushing the full Eleventh Circuit to review the dismissal of their proposed class action accusing Safemark of unlawfully disseminating fax advertisements, arguing that the Federal Communications Commission lacked the authority to retroactively waive the requirement to include opt-out notices on such messages. 

  • August 19, 2019

    Casino Cameras Need To Record Cellphones, Pa. Court Told

    Pittsburgh's Rivers Casino couldn’t have violated Pennsylvania’s Wiretap Act with silent recordings of two patrons’ cellphone screens, because gambling establishments are required to have cameras capable of picking up tiny details and those patrons knew they were being watched, the casino argued Monday in state court.

  • August 19, 2019

    Irish Data Watchdog Halts Public Service Card Info Culling

    Ireland’s social protection department came under fire Friday over privacy concerns related to the cards citizens use to access public services, with the Data Protection Commission ordering the department to stop processing personal data for cards issued in connection with other agencies' offerings.

  • August 19, 2019

    Location Privacy Warrant Lines Still Murky After Carpenter

    District courts have been reluctant to require warrants for access to digital records beyond the historical cellphone location data covered by the U.S. Supreme Court's Carpenter decision, but appellate courts may end up flipping the script as criminal defendants and service providers continue to fight back.

  • August 19, 2019

    Twitter, FB Say China Accounts Targeted Hong Kong Protests

    Twitter and Facebook on Monday took down nearly 1,000 inauthentic accounts they said were linked to a Chinese government disinformation campaign aimed at undermining the ongoing protests in Hong Kong.

  • August 19, 2019

    Class Cert. Stripped From Fla. Robocall Suit

    A class representing consumers who say they were recipients of unwelcome calls from a Florida-based payment processor will be unraveled after it came to light that many of the calls were made from an overseas call center, a Florida federal judge has ruled.

  • August 19, 2019

    Drilling Tech Co. Asks 5th Circ. To Revive Copyright Claims

    An energy industry technology company told the Fifth Circuit a jury that found the company's competitor profited from its stolen data should have been able to decide whether the rival violated its copyrights.

  • August 19, 2019

    90 Seconds Late Is Too Late, Says Claims Court

    A cybersecurity contractor missed its chance when it submitted a quote just 90 seconds after the deadline, a U.S. Court of Federal Claims judge said Monday.

  • August 19, 2019

    Facebook Faces More Consumer Claims Over Housing Ads

    A group of New York residents became the latest to accuse Facebook of enabling advertisers to illegally exclude certain users from seeing housing advertisements with a proposed class action filed Friday in California federal court.

  • August 19, 2019

    LabMD Sanctioned Over Tiversa Defamation Deposition

    A Pennsylvania federal magistrate judge has hit LabMD with sanctions over its deposition questioning, and gave the company a final warning that any more attempts to use discovery in a defamation suit against Tiversa Inc. to bolster separate litigation would result in the case getting thrown out.

  • August 19, 2019

    DOD Streamlines Security Approval Process For Cloud Cos.

    The U.S. Department of Defense will allow cloud service providers to host unclassified data without explicit permission from the department in an effort to speed up the security testing process, the department announced Friday.

  • August 16, 2019

    Don't Halt Google Workplace Misconduct Suit, Chancery Told

    The investor who filed a derivative suit against the board for Google's parent company for alleged workplace harassment and other failings by officers told the Delaware Chancery Court on Friday it should reject a second bid to halt the case that came just weeks after the court denied the first.

  • August 16, 2019

    Trump Admin. Wants NSA's Phone-Spying Powers Preserved

    The Trump administration is pushing Congress to permanently reauthorize the National Security Agency to scoop up domestic phone records, arguing that while the agency has voluntarily stopped collecting this data, evolving terrorist threats caution against scrapping the program for good. 

  • August 16, 2019

    Aviation Magnate Hits UAE Fund With Hacking Countersuit

    Aviation magnate Farhad Azima filed a $16.7 million counterclaim in England's High Court on Friday against an Emirati state-owned investment authority he alleges hacked his email accounts and leaked details about him on the internet.

  • August 16, 2019

    AT&T Urges 7th Circ. To Dump Appeal In Junk-Text Suit

    AT&T has asked the Seventh Circuit to reject an appeal of its lower court win in a lawsuit over mass texts sent to customers in Spanish, saying the plain language of the Telephone Consumer Protection Act contradicts consumers' arguments that the texts violated the law.

  • August 16, 2019

    Nano Developers Seek Toss Of Cryptocurrency Theft Suit

    The makers of Nano, a cryptocurrency that was stolen in the $170 million hack of an Italian trading exchange, pushed a California federal court Thursday to toss the proposed class action over the theft, arguing that the buyers' claims were brought too late.

Expert Analysis

  • Coast Guard Cybersecurity Guidance Puts Shippers On Notice

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    Recent cyberattacks have spurred the U.S. Coast Guard to publish a marine safety information bulletin and a marine safety alert addressing vulnerabilities of shipboard computer systems, potentially triggering significant legal obligations for owners and operators, say attorneys at Husch Blackwell.

  • 3 Tech Competition Concerns In The EU And Australia

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    Recent cases involving major technology companies and their acquisition of smaller firms have called international attention to the adequacy of competition policy frameworks, and recent proposals in Europe and Australia reveal the onset of an interventionist approach from regulators, say analysts at Cornerstone Research.

  • A Robust Federal Consumer Protection Law May Be Ahead

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    The U.S. Department of Justice, the Federal Trade Commission and the Consumer Financial Protection Bureau all recently announced pushes into data privacy and security through consumer protection enforcement, suggesting that they could be developing the foundation for a new U.S. federal privacy statute, say Brad Elbein and Linda Priebe of Culhane Meadows.

  • 2 Insurance Coverage Issues Raised By Cyber Warfare

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    As politics and cyberrisks become increasingly intertwined, policyholders and insurers alike would benefit from more certainty in relation to the cyber insurance war exclusion, and from more options in the market that would cover a cyberattack on the U.S. power grid, says Thomas Hunt of Robert M. Currey & Associates.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • What Cos. Should Consider To Prep For Nev. Data Privacy Law

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    Website operators that collect and sell Nevada residents' personal information should lay the groundwork for compliance with Nevada Senate Bill 220, effective on Oct. 1, which will be the first U.S. law to grant consumers the right to opt out of the sale of their data, say attorneys at Morgan Lewis.

  • Assessing The Cost, Legal Fallout Of Capital One Data Breach

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    Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • FCC's Caller ID Rules Contribute To Spoofed Calls Crackdown

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    As the Federal Communications Commission's enhanced Truth in Caller ID rules take effect, there will be continued pressure on the FCC to demonstrate that its efforts against spoofed calls are working, say Laura Phillips and Qiusi Newcom of Drinker Biddle.

  • GDPR Lessons Can Prep US Cos. For State Data Privacy Laws

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    Companies that have completed the requirements for compliance with the EU General Data Protection Regulation can apply key steps from that process toward ensuring compliance with the California Consumer Privacy Act and a number of other proposed U.S. state data security laws, says Teresa Troester-Falk of Nymity.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • How 2 Robocall Bills Would Affect TCPA Enforcement

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    Two bills in Congress — the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act and the Stopping Bad Robocalls Act — seek to prop up the Telephone Consumer Protection Act, though the SBRA is far more expansive and may meet with resistance in the Senate, says Eric Troutman of Squire Patton.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • TCPA Opinion Highlights Strategies For Avoiding Class Claims

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    An Illinois federal court's recent decision in Tillman v. Hertz Corp. demonstrates how the very fact disputes in a Telephone Consumer Protection Act class action involving consent and/or revocation can be used to prevent class certification, says Eric Macey at Novack and Macey.

  • ECJ FashionID Case Is Big Milestone For Website Ad Liability

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    The European Court of Justice's recent decision in the FashionID case — finding that websites that integrate Facebook plugins are jointly responsible for the data collected by those plugins and sent to Facebook — will potentially have significant implications for website publishers of all kinds and for the online advertising ecosystem, says Daniel Felz of Alston & Bird.