Cybersecurity & Privacy

  • August 10, 2020

    Facebook Builds Group Focused On All Its Payment Initiatives

    Facebook is putting all of its payment initiatives under one roof with the creation of a group called Facebook Financial, or F2, headed by David Marcus, who oversees the Facebook-affiliated digital currency Libra, the social media giant confirmed Monday.

  • August 10, 2020

    EU, US In Talks To Replace Axed Privacy Shield Data Pact

    The U.S. Department of Commerce and the European Commission revealed Monday that they're negotiating an "enhanced" Privacy Shield data transfer agreement to replace a version of the popular pact invalidated by the European Court of Justice last month. 

  • August 10, 2020

    Confusion Prevails Over Extent Of Trump's TikTok 'Ban'

    President Donald Trump's efforts to "ban" TikTok using legal tools that aren't usually aimed at popular mobile apps have left attorneys confused about how exactly the social media platform will be targeted as U.S.-China relations continue to fray.

  • August 10, 2020

    NYC Inks $3.2M Deal To Settle Illegal Wiretap Claims

    New York City and employees of the Kings County district attorney's office have inked a $3.2 million settlement with a class of individuals whose communications to a detective and an assistant district attorney were intercepted through a wiretap scheme spearheaded by Tara Lenich, a former assistant district attorney for the office.

  • August 10, 2020

    Trump Demands Deeper Look Into Vance Criminal Probe

    President Donald Trump told a federal court on Monday that he should be allowed to conduct discovery into the scope of the Manhattan district attorney's arguments that a grand jury investigation into him is broader than so-called hush-money payments. 

  • August 10, 2020

    Pandemic Disrupts Georgia Voters' Bid For Paper Ballots

    A group of Georgia voters and election advocates lost their bid to have the state's electronic voting system replaced with paper ballots for a third time Friday, when a federal judge ruled they relied on information rendered obsolete by the coronavirus pandemic.

  • August 10, 2020

    Little Caesars Can't Duck Ill. Workers' Biometric Privacy Suit

    An Illinois federal judge won't let Little Caesars escape a suit by two former employees alleging the company violated the Illinois Biometric Information Privacy Act by collecting their fingerprint data without consent, saying documents proffered by the company cannot be recognized as evidence at this stage.

  • August 10, 2020

    NJ Justices Say Cops Can Force Cellphone Access

    A split New Jersey Supreme Court ruled Monday that law enforcement may compel the cellphone passcodes of a former sheriff's officer accused of tipping off a suspect in a drug trafficking investigation, reasoning that such information isn't shielded by constitutional protections against self-incrimination.

  • August 10, 2020

    Michigan AG Shutters VoIP Co. That Enabled Robocall Scams

    An internet phone service company previously put on notice for enabling overseas robocallers has agreed to close down its U.S. operations, Michigan's attorney general has announced.

  • August 10, 2020

    Ex-SEC Examiner Wants Bench Trial Over Feds' Protest

    A former compliance examiner accused of stealing information from the U.S. Securities and Exchange Commission sought a rare criminal bench trial over prosecutors' objections on Monday, saying it is the only way to hold a speedy trial during the pandemic.

  • August 10, 2020

    'Oblivious' Drizly Reported Breach 5 Months Late, Suit Says

    Alcohol delivery service Drizly warned customers in July of a major data breach even though hackers had been selling account owners' credit card information on the dark web beginning as early as February, according to a potential class action filed in Massachusetts federal court.

  • August 10, 2020

    Barclays Faces UK Privacy Probe Over Staff Monitoring

    Banking giant Barclays faces an investigation from Britain's privacy watchdog over how it digitally monitors its employees, the Information Commissioner's Office has said.

  • August 07, 2020

    9th Circ. Won't Pause Facebook Wiretap Order For High Court

    Facebook can't pause a Ninth Circuit decision reviving claims that it unlawfully intercepted logged-out users' browsing histories while the social media giant appeals the issue to the U.S. Supreme Court, the federal appellate court ruled Friday.

  • August 07, 2020

    Macy's Hit With Ill. Privacy Suit For Using Clearview Database

    Macy's Retail Holdings Inc. is facing a proposed class action in Illinois federal court accusing it of violating the state's biometric privacy law by partnering with embattled tech company Clearview AI to use facial recognition software to identify shoppers on the retailer's security cameras.

  • August 07, 2020

    White Castle Can't Dodge Manager's Biometric Privacy Claims

    White Castle lost another bid to dodge a manager's proposed class action alleging the fast-food giant repeatedly violated Illinois' biometric privacy laws when an Illinois federal judge ruled Friday that the claims were not time-barred.

  • August 07, 2020

    Google Home Users Say Gadgets Record Without Permission

    Google was hit with a class action on Friday in California federal court accusing the tech giant of configuring its voice-activated Google Home devices to deliberately record conversations and audio events throughout users' homes, despite its promises to the contrary.

  • August 07, 2020

    Snowden Hit With Discovery Sanction Over Tell-All Book

    Former U.S. intelligence contractor Edward Snowden was sanctioned in Virginia federal court on Friday for his deliberate "wholesale refusal to respond to discovery" related to his memoir released in September, which the court said contained classified information.

  • August 07, 2020

    Pot Co. Wants Case Paused Until Justices' Autodial Decision

    A California cannabis hydroponics supplier has asked a federal judge to stay a proposed class action accusing it of spamming customers with texts because the Supreme Court's forthcoming ruling in Facebook v. Duguid may have bearing on the case, to which the plaintiff has shot back in opposition.

  • August 07, 2020

    4th Circ. Sends TCPA Claims Against DirecTV To Arbitration

    The Fourth Circuit said Friday that a West Virginia woman must arbitrate claims that DirecTV violated the Telephone Consumer Protection Act because she is bound by a contract she signed with AT&T before it acquired the satellite TV provider.

  • August 07, 2020

    TikTok Is The Tip Of The Iceberg For CFIUS' Data Concerns

    The daily commotion over TikTok is captivating, but attorneys should be aware of the bigger picture, which includes an aggressive stance from the Committee on Foreign Investment in the United States on personal data and increasingly heightened tensions between the U.S. and China.

  • August 07, 2020

    Questions Linger Over Coinbase's Potential Public Listing

    Coinbase's potential public listing would mark a breakthrough toward mainstream acceptance for the cryptocurrency industry, experts say, though legal and practical questions swirl around how the U.S.'s best-known crypto exchange will go about its plans.

  • August 07, 2020

    MD Who Gave Patient Info To Drug Rep Can't Nix Conviction

    The First Circuit on Thursday affirmed the conviction of a Massachusetts gynecologist of sharing her patients' private medical information with a sales representative at Warner Chilcott, then lying about it to federal agents.

  • August 07, 2020

    Ring Can't Force Arbitration In Security Cam False Ad Suit

    A California federal judge won't let Ring LLC send to arbitration a proposed class action alleging it didn't tell consumers that optional features of its security cameras cost more, saying the buyer didn't agree to the arbitration agreement because he never used the products.

  • August 07, 2020

    UK Security Agency Instructs Business On Cyber-Insurance

    Britain's intelligence agency has published instructions setting out how businesses should use insurance brokers and products to protect them from the growing threat of virtual crime.

  • August 06, 2020

    Trump Order To Ban 'Transactions' With TikTok Co. In 45 Days

    President Donald Trump signed executive orders Thursday night that could ban all "transactions" with the owners of the popular Chinese short-form video app TikTok and social media platform WeChat, citing national security concerns.

Expert Analysis

  • Differences Between US And UK Data Sharing Legislation

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    The recently effective cross-border data sharing agreement offers U.K. law enforcement easier access to data held by U.S. communications providers, and allows the U.S. scope to streamline its own processes, say Alison Geary and Joanna Howard at WilmerHale.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Unusual TikTok Review Calls CFIUS Processes Into Question

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    The Committee on Foreign Investment in the United States has departed from established processes in its national security investigation of TikTok, with comments from across the Trump administration casting doubt on the interagency committee's confidentiality, apolitical nature and focus, says Paul Marquardt at Cleary.

  • CFAA Decision May Raise Bar On Scraping Liability

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    A D.C. federal court recently held in Sandvig v. Barr that the Computer Fraud and Abuse Act does not prohibit scraping publicly accessible portions of a website, even when doing so violates the website's terms of service, which is similar to the Ninth Circuit's 2019 hiQ v. LinkedIn decision and may influence scraping law in the coming years, say attorneys at ​​​​Perkins Coie.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Takeaways From NY's First Cybersecurity Enforcement Action

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    The recent action against First American Title Insurance Co. represents the New York State Department of Financial Services' first cybersecurity charges against a financial institution, and provides insights into the regulator's priorities and important compliance steps that organizations should consider, say William Ridgway and Peter Cheun at Skadden.

  • Regulatory Concerns For US Cos.' Offshore Service Centers

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    As more U.S. companies open and use offshore service-delivery centers amid the pandemic, assessment of important tax, intellectual property, cybersecurity and employment considerations can help mitigate regulatory risk and maximize the company's return on investment, says Sonia Baldia at Baker McKenzie.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Market Rebound May Curb Securities Class Actions, Damages

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    The stock market's dramatic recovery from its pandemic-prompted plunge may provide securities class action defendants an opportunity to rely on the Private Securities Litigation Reform Act’s rarely invoked bounce-back provision to ward off stock-drop claims, or sharply limit available damages, say John Schreiber and John Tschirgi at Winston & Strawn.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Opinion

    Recent Decisions Helpfully Narrow TCPA Scope

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    A New York federal court's recent Telephone Consumer Protection Act decision in Gerrard v. Acara Solutions adds to a growing line of cases holding that phone calls or text messages related to offers of employment may not be directly subject to the harsher provisions of the TCPA, says Myriah Jaworski at Beckage.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

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