Cybersecurity & Privacy

  • June 21, 2021

    11th Circ. Drops T.I. Lyrics, Sides With Rapper In Crypto Ruling

    The Eleventh Circuit on Monday affirmed that an investor's proposed class action accusing rapper T.I. and his business partner of securities law violations over a cryptocurrency offering is untimely, refusing to accept the investor's argument that fraudulent concealment extended the statute of limitations.

  • June 21, 2021

    SEC Probing Firms Over SolarWinds Breach Disclosures

    The U.S. Securities and Exchange Commission is investigating whether companies failed to disclose the effects of the now infamous SolarWinds cyberattack on their businesses, offering amnesty to those that come forward and potential enforcement actions and steep fines for those that don't, according to industry sources and at least one major law firm.

  • June 21, 2021

    Albertsons Faces TCPA Class Claims Over Texts

    Grocery giant Albertsons Cos. has been hit with a proposed class action in California federal court for allegedly blasting noncustomers with unwanted robotexts in violation of the Telephone Consumer Protection Act.

  • June 21, 2021

    Congress Eyes Clampdown On 'Stingray' Phone Surveillance

    Law enforcement agencies would be required to obtain a warrant in most cases to use cell site simulator devices, commonly known as "stingrays," to track people's mobile devices, under a newly introduced bill in the U.S. Senate.

  • June 21, 2021

    Fenwick-Led Cybersecurity Firm Unveils Plans For $880M IPO

    Venture-backed cybersecurity software provider SentinelOne Inc., advised by Fenwick & West LLP, on Monday unveiled a price range on an estimated $880 million initial public offering, one of 11 companies to launch plans for new issuances as the June IPO blitz accelerates.

  • June 21, 2021

    5th Circ. Tosses Huawei's Challenge Over FCC Subsidy Ban

    The Fifth Circuit has dismissed Huawei Technologies Co.'s bid to block a Federal Communications Commission order prohibiting federal subsidies to U.S. telecom companies that buy equipment from the Chinese technology giant and others, ruling that the FCC appropriately determined it poses a threat to U.S. communications networks.

  • June 21, 2021

    Split Ga. Justices Ax IT Staffer's Computer Trespass Felony

    A divided Georgia Supreme Court overturned a former information technology worker's felony conviction for computer trespass on Monday, saying he didn't interfere in a city's computer network by secretly copying all his boss' emails and sending them to his personal account.

  • June 21, 2021

    Proofpoint Investors Sue Over $12.3B Merger Proposal

    Cybersecurity company Proofpoint Inc. was hit Friday with a proposed investor class action in New York federal court alleging the company failed to disclose to shareholders key details about a $12.3 billion take-private merger.

  • June 21, 2021

    Pa. Panel Says DA Doesn't Have To Share Camera System Info

    The District Attorney's Office for Allegheny County, Pennsylvania, doesn't have to reveal to reporters what kind of cameras it used in an internet-connected surveillance network around the county since that information could be exploited by hackers, a Commonwealth Court panel ruled Monday.

  • June 18, 2021

    Conservative Activist's Suit Blames California For Twitter Ban

    An attorney and conservative influencer told a California federal court that the state and its officials pressured Twitter to ban him because he claimed the 2020 elections were rife with fraud, illegally stifling his political speech in the process.

  • June 18, 2021

    Carnival Says Data Breach Exposed Customer, Staff Info

    Carnival Corp. said Friday that a March data breach may have exposed the personal information of guests and employees on its Carnival Cruise, Holland America and Princess Cruises lines, an episode that comes after the company was hit last year by ransomware attacks.

  • June 18, 2021

    Fla. Wiretap Suits A 'Scheme,' Says Investment Firm

    Edward Jones Investments denounced a lawsuit over its marketing analytics software as part of a "calculated scheme" by plaintiffs' counsel to flood the Florida court system with identical complaints in search of a sympathetic judge.

  • June 18, 2021

    Web Tracking Service Beats Pa. Woman's Wiretapping Suit

    A company offering third-party tracking software for websites did not violate Pennsylvania's anti-wiretapping law because it did not intercept customers' data or receive it within the state, a federal judge has ruled.

  • June 18, 2021

    O'Melveny Fintech Head Moves To Paul Hastings

    Paul Hastings snapped up the former head of O'Melveny & Myers' financial technology practice for its capital markets and payments group, adding to its roster of attorneys with expertise in blockchain as well as more traditional payment technologies.

  • June 18, 2021

    Colorado Adds Wrinkle To Emerging State Privacy Law Quilt

    Colorado is on the brink of becoming the third U.S. state to enact comprehensive consumer privacy legislation, a move that's set to throw a curveball at companies' compliance plans and give further ammunition to the push for a unified nationwide framework.

  • June 17, 2021

    Sen. Gillibrand Renews Push To Create US Privacy Agency

    Sen. Kirsten Gillibrand, D-N.Y., on Thursday stepped up her push for Congress to establish an independent federal privacy agency to overtake the Federal Trade Commission's authority in the space, floating an enhanced legislative proposal that would give the new agency the additional responsibility of policing Big Tech mergers and discriminatory data practices. 

  • June 17, 2021

    Sens. Aim To Make Hacks A RICO Crime Amid Attack Spike

    Bipartisan U.S. senators on Thursday reintroduced a bill that would clear the way for prosecutors to charge alleged hackers under the Racketeer Influenced and Corrupt Organizations Act, in a push coming after cyberattacks hit a critical pipeline and global meat supplier.

  • June 17, 2021

    Apple Doesn't Have To Turn Over User Docs In Privacy Suit

    An Illinois federal judge has favored Apple's bid to escape an attempt by a proposed class of state residents in a biometric privacy suit to compel the technology giant to produce documents identifying all device users who bought products containing the company's Photos app.

  • June 17, 2021

    Senate Confirms Citigroup Exec As DHS Deputy Secretary

    The Senate on Thursday easily confirmed John K. Tien, a Citigroup Inc. managing director with decades of military and national security experience, as deputy secretary of the U.S. Department of Homeland Security.

  • June 17, 2021

    FCC Advances Plan To Stop Most Chinese Equipment Sales

    The Federal Communications Commission voted Thursday on a plan that could further restrict the flow of Chinese-made technologies into the U.S., kicking off a rulemaking to examine how the agency can hone its device approval rules "to help keep insecure devices off the market."

  • June 17, 2021

    Precision Machine Co. Hit With Finger Scan Privacy Claims

    An Illinois-based precision machining company has been hit with state court claims that the company violated its employees' biometric privacy rights by collecting, using and sharing their work-related fingerprint scan data without first obtaining informed consent.

  • June 17, 2021

    3rd Circ. Won't Rehear Suit Over 15-Year-Old BofA Robocall

    The Third Circuit won't give another chance to a plaintiff accusing Bank of America of violating the Telephone Consumer Protection Act with a single 2005 robocall, denying on Thursday a rehearing of the bank's earlier win.

  • June 17, 2021

    Latham, Lewis Brisbois Bolster Cybersecurity Benches

    Latham & Watkins LLP and Lewis Brisbois Bisgaard & Smith LLP have each snagged a new lateral cybersecurity and privacy partner in Washington, D.C., and New York, respectively, the firms announced Thursday.

  • June 16, 2021

    FCC's Simington Proposes Wireless Security Improvements

    A Federal Communications Commission Republican said Wednesday his agency has a role to play in mitigating cyberattacks on critical infrastructure, suggesting industry coordination and a possible rulemaking could help the private sector hammer out wireless security best practices.

  • June 16, 2021

    Insurer Says No Coverage For Manufacturer's BIPA Class Suit

    Westfield Insurance Co. hit an Illinois-based machine and plastics manufacturer with a suit in federal court Wednesday, saying it isn't responsible for a class action accusing the manufacturer of illegally distributing its workers' fingerprint scans to third parties.

Expert Analysis

  • Health Cos. Must Prepare For Growing Ransomware Threat

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    Health companies are a prime target for ransomware attacks due to their sensitive data and relative vulnerability, so they will need compliance and resilience to guard against the increasingly varied ways that hackers can attempt to extract funds, say Alaap Shah and Stuart Gerson at Epstein Becker.

  • Opinion

    Fix Section 230 To Hold Online Platforms Accountable

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    Congress should amend Section 230 of the Communications Decency Act to clarify that online platforms, like other businesses, have a reasonable duty of care toward users, and to curtail the broad liability limitations that currently allow heinous content to flourish unchecked, says Neil Fried at DigitalFrontiers Advocacy.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • How Attorneys Can Reach Claimants In Today's Comms Era

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    Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

  • COVID Rulings May Support Ransomware Insurance Denials

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    A recent spate of pandemic-related insurance decisions — where federal courts found that a temporary inability to use property doesn't qualify as physical loss or damage for coverage purposes — may be used as favorable precedent by cyber insurers denying ransomware loss claims for temporary inability to access data, say Thomas Caswell and Peter Kelly Golfman at Zelle.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Complying With New EU Data Transfer Contractual Obligations

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    The European Commission's new standard contractual clauses for transferring personal data outside the EU, which take effect June 27, place significantly more onerous obligations on companies, but there are several steps they can start implementing to comply, say William Long and Francesca Blythe at Sidley.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • New Cybersecurity Insights From ERISA Rulings, DOL Advice

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    Richard Nowak and Alexander Vitruk at Mayer Brown discuss how recent federal court rulings have shaped Employee Retirement Income Security Act claims based on cybersecurity issues, and what plan sponsors, administrators and participants should know about the U.S. Department of Labor’s recent guidance on digital security for employee retirement plans.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

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    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • Why Legacy Insurance May Not Protect Adopters Of Bitcoin

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    Evidenced by El Salvador's adoption of the Bitcoin standard this week, there is an emerging need for insurance products to cover the risk of owning and holding the digital asset, as it may not fall into the protected categories in legacy insurance products, say attorneys at Mound Cotton.

  • How Curbs On Russia And Belarus Trade Will Affect Tech Cos.

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    Attorneys at Kirkland examine how the Biden administration's newly authorized Russian sanctions, restrictions on dealings with companies in Belarus and other likely measures will affect the technology sector and how companies should respond to the changes.

  • Obstacles To Defining Injury, Class In Cyberattack Suits

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    As cyberattacks and data privacy litigation evolve, quantifying and identifying uninjured class members becomes increasingly complex and further complicates economic models of injury, as shown by the lawsuit filed last month in a Georgia federal court after the Colonial Pipeline hack, says Michael Kheyfets at Edgeworth Economics.

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