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Cybersecurity & Privacy

  • June 20, 2019

    BREAKING: High Court Punts On FCC Deference Fight In TCPA Row

    The U.S. Supreme Court on Thursday declined to resolve whether federal courts have the power to scrutinize agency orders such as the Federal Communications Commission's numerous interpretations of the Telephone Consumer Protection Act, finding that the issues in the case hadn't been properly vetted by the lower courts.

  • June 19, 2019

    Facebook's Libra Prepared To Counter Privacy Concerns

    Scrutiny of Facebook’s new cryptocurrency Libra is expected to be intense, but experts say early regulatory inspection, a carefully designed governance system and a slate of established partners put the digital token on solid footing.

  • June 19, 2019

    New Bill Would Strike Big-Tech Immunity For Web Content

    A GOP senator proposed a bill Wednesday that would remove the legal shield that has long protected tech giants from being held liable for content posted by third parties, unless companies prove that their content-removal practices are politically "neutral."

  • June 19, 2019

    Starks To Hold Forum On Huawei Replacement Next Week

    Amid growing concern that foreign-made broadband equipment poses a security risk to American telecommunications networks, FCC Commissioner Geoffrey Starks on Wednesday said he will host a forum next week examining how to weed out and replace existing components that might be compromised.

  • June 19, 2019

    Delta's Privacy Policy Isn't A Contract, Judge Says

    A California federal judge took down the latest complaint against Delta and its online ticket provider by a flyer whose information was exposed in a massive 2017 data breach, finding her claims are based on a policy Delta flat-out states on its tickets is not binding.

  • June 19, 2019

    Parking Tech Co. Says AIG Must Defend It In Privacy Row

    An AIG unit must cover a parking technology supplier’s defense in a proposed class action over customer receipts that allegedly revealed too many credit card digits because the company’s insurance policy included coverage for privacy and security breaches, according to a lawsuit filed Wednesday in Pennsylvania federal court.

  • June 19, 2019

    Cox Inks $10.75M Deal To End Debt Collection Robocall Suit

    Cox Communications Inc. has agreed to pay nearly $11 million to get itself off the business end of a class action accusing it of making illegal robocalls in order to collect customer debts, an Arizona federal court was told.

  • June 18, 2019

    Travel Co. Again Hit With Suit Over 'Free' Cruise Robocalls

    A travel booking company previously hit with a slew of lawsuits claiming it advertised "free" cruises in violation of the Telephone Consumer Protection Act has been sued in a Florida federal court on claims it placed robocalls to millions of people from a call center in India.

  • June 18, 2019

    Debt Collection Co. Files Ch. 11 After Health Data Breach

    The parent company of a billing collections firm that has been blamed for a breach that exposed personal data from 11.9 million Quest Diagnostics Inc. patients has filed for Chapter 11 protection in New York bankruptcy court, citing the consequences of the breach.

  • June 18, 2019

    Uber TCPA Arbitration Bid Fails Due To Unauthenticated Docs

    A California federal judge on Tuesday denied Uber's bid to arbitrate a man's proposed class claims accusing the ride-hailing giant of sending him and others unsolicited text messages, finding documents purporting to show the man had entered into a contract with Uber were not authenticated and filed late.

  • June 18, 2019

    NASA Audit Finds Lab Security Issues Threaten Systems, Data

    NASA’s Jet Propulsion Laboratory has significant cybersecurity weaknesses that put the agency’s systems and data at risk, including a lack of information security controls and a backlog of flagged vulnerabilities, according to an internal audit released Tuesday.

  • June 18, 2019

    Atty Who Lost Docs Wasn't Fired Due To Race, NLRB Says

    An Alabama federal court should toss the contention of a former National Labor Relations Board attorney that the agency terminated him in violation of federal law because he is a black male, the NLRB has said, pointing to misplaced affidavits and other performance issues as the real reasons for his firing.

  • June 18, 2019

    NCAA Ref Calls Foul On Dismissal Of Death Threats Suit

    An NCAA referee is asking the Sixth Circuit to take up his case against a Kentucky radio station and two of its hosts, saying the hosts' alleged deliberate incitement of fans to attack his roofing business and send him death threats should not be protected by the First Amendment.

  • June 18, 2019

    Regulators On Same Page In Fighting Cyberrisks, Study Says

    Securities regulators around the world are on the right path in terms of applying three internationally recognized standards to mitigate ever-looming cybersecurity risks, according to a report published Tuesday by the Board of the International Organization of Securities Commission.

  • June 17, 2019

    Eventbrite Investors Tap Rosen, Glancy Prongay To Lead Suit

    Investors in Eventbrite Inc. asked a California federal judge to name as lead counsel the Rosen Law Firm and as co-lead counsel Glancy Prongay & Murray in their case accusing the events management and ticketing website of failing to reveal the bumpy integration of newly acquired Ticketfly.

  • June 17, 2019

    Developer Dodges Prison For Role In Hack-Based Trading Plot

    A Georgia real estate developer on Monday avoided prison for his involvement in a $30 million scheme to trade stocks based on information stolen from press release distribution companies, with a New York federal judge citing the defendant's extensive cooperation with prosecutors.

  • June 17, 2019

    9th Circ. Upholds Toss Of Facebook Biometric Privacy Suit

    The Ninth Circuit has refused to revive a proposed class action accusing Facebook of violating Illinois' unique biometric privacy law by amassing nonusers' facial scans, finding that there was no evidence the social media giant's facial recognition technology had been used on the lone photo at issue in the dispute. 

  • June 17, 2019

    FCC Robocall Waiver Could Affect High-Stakes ViSalus Suit

    The Federal Communications Commission has granted a retroactive waiver of robocall rules to health supplement marketer ViSalus Inc. and clothing retailer Bebe Stores Inc., possibly affecting a class action that could reach $925 million or more in damages from consumers who claim ViSalus bombarded them with calls.

  • June 17, 2019

    Pokémon Go Maker Says 'Hackers' Built IP Infringing Cheats

    Niantic Inc., the company behind Pokémon Go and a similar forthcoming Harry Potter geo-location game, claimed in California federal court that hackers are infringing its copyrights by offering unauthorized versions of its games that are hacked to enable cheating.

  • June 17, 2019

    Justices Won't Touch 9th Circ. Ruling Over Fax Ad Definition

    A Ninth Circuit ruling that sided with the Federal Communications Commission on what constitutes a fax advertisement will stand after the U.S. Supreme Court declined to weigh in, despite an industrial cleaning chemical company's argument that the decision creates a circuit split.

  • June 17, 2019

    Groups Tell FCC Wireless Carriers Violated Privacy Laws

    Several public interest groups filed a complaint with the Federal Communications Commission on Friday, alleging that Verizon, AT&T, Sprint and T-Mobile violated the Communications Act by disclosing customers' location data to location aggregators.

  • June 17, 2019

    Mass. Mayor Sues Barstool Sports For Lying To Get Interview

    Somerville, Massachusetts, Mayor Joseph Curtatone hit Barstool Sports and one of its radio hosts with a lawsuit Monday for violating the state's wiretap statute by recording an interview with him during which the host pretended to be a columnist from the Boston Globe.

  • June 17, 2019

    Chase OK'd Premature Mortgage Payments, Homeowners Say

    A Wisconsin couple has hit JPMorgan Chase & Co. with a proposed class action claiming the bank allowed their mortgage lender to withdraw their monthly payments early and charged them overdraft fees when the payments put their account in the red.

  • June 17, 2019

    Mass. Justices Want Focus On Privacy In Boston Globe Case

    The Massachusetts Supreme Judicial Court asked a lower court Monday to delve deeper into the Boston Globe's request for millions of state birth and marriage records, saying that there may be a way to properly release them, but that privacy concerns should be carefully weighed.

  • June 17, 2019

    Mayer Brown's DC Office Gets New Managing Partner

    Mayer Brown has a new managing partner in Washington, D.C., with Rajesh De, the head of its global cybersecurity and data privacy practice, focused on growing the office and increasing diversity within the workplace.

Expert Analysis

  • Digital Data Privacy One Year After Carpenter

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    Lower courts have begun to grapple with the implications of the U.S. Supreme Court's 2018 decision in Carpenter v. United States, which concerned the constitutional limits on government acquisitions of digital data. On the anniversary of the decision, Jonathan Cedarbaum, Nina Cahill and Sam McHale of WilmerHale analyze defendants' attempts to extend Carpenter's holding.

  • How New US M&A Restrictions On China Will Affect Tech Cos.

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    The Trump administration recently launched an unprecedented regulatory blitz designed to further protect domestic information and communications technology and services from what it considers Chinese threats. These steps will constrain transactions that could expand China’s access to the U.S. market and to U.S. technology — and some have an immediate effect, say attorneys at Kirkland.

  • Illinois Law On Job Interview AI: What Employers Must Note

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    Illinois recently passed a law targeting employers' use of artificial intelligence in job interview videos, making it the first state to legislate the use of AI in the employment context. However, several ambiguities pose potential compliance challenges, says Gary Clark at Quarles & Brady.

  • Key Differences In Nev. And Calif. Data Privacy Laws

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    Nevada’s recently enacted Senate Bill 220 gives state residents a broad right to opt out of the sale of their personal information. Companies currently preparing for the California Consumer Privacy Act cannot assume that CCPA compliance equates to compliance with S.B. 220, say Sadia Mirza and Yanni Lin at Troutman Sanders.

  • A Look At China's New Cybersecurity Guidance

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    Businesses providing services over the internet are likely to face continued challenges to comply with the expanding implementation of China's cybersecurity law, especially with respect to broadening definitions of personal information holders under new guidance, say Xiaoyan Zhang and Vincent James Barbuto of Reed Smith.

  • Border Phone Search Questions Continue In Fed. Court

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    A Massachusetts federal court's eventual decision on cellphone searches at the U.S. border in Alasaad v. Nielsen will further illustrate the differences in how federal courts apply the U.S. Supreme Court's 2014 decision in Riley v. California to the warrant-requirement exception for border searches, says Sharon Barney at Leech Tishman.

  • Financial Services Regulation For Fintech Companies: Part 2

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    In the second part of this series on regulatory challenges faced by fintech innovators, Nathan Greene and Justin Reda of Shearman & Sterling caution entrepreneurs in the financial space to be aware of when their products could be categorized as securities, and of the many regulatory obligations that can arise as a result.

  • Government Contractor Compliance: 1 Size Can’t Fit All

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    Contractors that do business with federal, state and local government entities face an interesting — and intensifying — predicament: How to develop a comprehensive yet straightforward compliance program that satisfies varying laws in varying jurisdictions, say Jeniffer Roberts and Katherine Veeder at Alston & Bird.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Financial Services Regulation For Fintech Companies: Part 1

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    Firms in the U.S. financial sector are surrounded by a virtual moat of complex regulations, mandatory disclosures and compliance infrastructure. Nathan Greene and Justin Reda of Shearman & Sterling offer an overview of the regulatory context — and some of the crocodiles lurking in that moat — for fintech entrepreneurs entering the sector.

  • Evaluating Stand-Alone Privilege For Cybersecurity Info

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    In a new commentary, the Sedona Conference considers shielding cybersecurity information from discovery with the attorney-client privilege and work-product protection. Matthew Hamilton and Donna Fisher of Pepper Hamilton query whether it makes sense to single out cybersecurity information for reform. 

  • Insurers Must Prepare For 2 Possible Cyber Disasters

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    Due to the massive scale on which contagious malware and cloud vulnerabilities could cause damage, insurers must develop ways to quantify losses from cyberattacks, predict future losses and address aggregation risk, say directors at Ankura Consulting.

  • FCC's New Call-Blocking Ruling Necessitates More Oversight

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    While the Federal Communications Commission's recent ruling authorizing phone carriers to block unwanted calls is a laudable effort, the lack of any industry call-blocking standards or appreciable oversight is a cause of massive concern for many callers who do not know whether their calls will be connecting, says Eric Troutman of Squire Patton.

  • LightYear Is FTC's Data Security Warning To B2B Companies

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    The Federal Trade Commission's data security settlement with LightYear Dealer Technologies is notable because the company does not market or sell products directly to consumers, and because the FTC made the eyebrow-raising claim that LightYear is a financial institution under the Gramm-Leach-Bliley Act, say attorneys at ZwillGen.

  • The State Of Article III Standing 3 Years After Spokeo

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    Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.