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Cybersecurity & Privacy

  • April 25, 2019

    Rosenstein: Deadpan Look At Presser 'What I Was Going For'

    Deputy Attorney General Rod Rosenstein told an audience on Thursday night that the deadpan expression he wore while standing behind Attorney General William Barr at a press conference announcing the Mueller report a week ago was "exactly what I was going for."

  • April 25, 2019

    Facebook Seeks $10M In Suit Over Fake Instagram Likes

    As recently promised, Facebook and Instagram are cracking down on fake social media engagement, lodging a suit in California federal court Thursday seeking $10 million from a New Zealand company and its owners for allegedly selling fake "likes" to Instagram users.

  • April 25, 2019

    1st, 5th Circuits Back FBI Malware Warrant In Child Porn Case

    The First and Fifth Circuits in separate rulings have refused to toss evidence the FBI gathered using malware about suspects in a massive child pornography sting, joining seven sister circuits in finding that law enforcement had obtained in good faith the sweeping warrant that authorized the investigative tactic.

  • April 25, 2019

    Facebook Facing New Data Probes In New York, Ireland

    The New York Attorney General's Office on Thursday opened an investigation into Facebook's unauthorized collection of 1.5 million users' email contact lists, while Ireland's privacy regulator said it was looking into whether the company broke the law by storing passwords internally in plain text. 

  • April 25, 2019

    Bitfinex Hid $850M Loss Using Tether Funds, NY AG Says

    The operator of digital currency trading platform Bitfinex has used funds meant to back its own cryptocurrency, Tether, to hide an $850 million loss from investors, the New York attorney general alleged on Thursday.

  • April 25, 2019

    Trump Telecom Adviser To Take Policy Post At Fox

    A telecommunications and technology adviser to President Donald Trump will depart the White House to join Fox Corp. as a public policy director in Washington, D.C.

  • April 25, 2019

    Investors In ICO Involving Rapper T.I. Told To Bring More Facts

    Token buyers have 30 days to tell a Georgia federal judge when exactly they bought into an initial coin offering — allegedly backed by rapper T.I. and an entertainment executive — that they are calling a $2 million scam.

  • April 25, 2019

    Facebook Says Cambridge Analytica Data Should Stay Private

    Facebook asked a New York bankruptcy court on Wednesday to ensure that data sought from defunct British data firm Cambridge Analytica by a group of Facebook users is kept private, saying that “sensitive personal information” could be at risk of exposure.

  • April 25, 2019

    Equifax Investors Slam Appeal Bid In Data Breach Suit

    A proposed class of Equifax Inc. investors pushed back against the company’s bid to appeal a Georgia federal judge’s decision to allow the bulk of their securities fraud claims over its massive 2017 data breach, arguing that the questions Equifax wants reviewed are not legal issues.

  • April 25, 2019

    FTC Hit With Another Suit Over Robocall 'Soundboard' Stance

    The Federal Trade Commission was hit with another suit Wednesday challenging the agency’s interpretation that "soundboard" telemarketing technology falls under the purview of robocall laws, days after the Supreme Court declined to wade into the issue with a similar case.

  • April 25, 2019

    Comcast Illegally Collects Personal Viewing Data, Suit Says

    Comcast “systematically” violates the legal rights of its subscribers by gathering viewing data and other private information without consent, according to a proposed class action filed Thursday in Massachusetts federal court that drew a sharp denial from the cable giant.

  • April 25, 2019

    Tackling Cybersecurity Failures Is A Priority, FCA Says

    Ensuring that financial markets can fight off the threat of cyberattacks and IT meltdowns will be a main supervisory priority in the coming years, the financial watchdog has said, after a series of technical failures created disruption at British banks.

  • April 24, 2019

    Calif. Leaders OK Changes Curtailing Landmark Privacy Law

    California lawmakers have advanced eight industry-backed amendments that would scale back the scope of the state's landmark privacy law, including by changing how the law defines personal information.

  • April 24, 2019

    FTC Fines Online Dress-Up Game Over Kid Privacy Violations

    The company and owners behind virtual dress-up game i-Dressup.com have agreed to pay a $35,000 civil penalty to the U.S. Federal Trade Commission to end a lawsuit over alleged children's privacy violations, according to court filings.

  • April 24, 2019

    Supreme Court Ruling Cuts Off Avenue To Class Proceedings

    The U.S. Supreme Court’s conservative majority dealt its latest body blow to class actions on Wednesday, issuing a 5-4 decision that experts say puts another roadblock in the way of workers and consumers who want to pursue collective claims.

  • April 24, 2019

    TCPA Debt Call Carveout Is Unconstitutional, 4th Circ. Says

    The Fourth Circuit on Wednesday struck down an exemption that allowed government-backed debt collectors to skirt the Telephone Consumer Protection Act's blanket ban on autodialed calls to cellphones, finding the provision violated the First Amendment's free speech clause. 

  • April 24, 2019

    FedEx Unit Workers' $3M Wage, FCRA Deal Gets Final OK

    A California federal judge greenlit a $3.15 million deal Tuesday ending a pair of putative class actions accusing FedEx unit Genco I Inc. of not giving breaks to workers and of violating the Fair Credit Reporting Act by conducting secret background checks.

  • April 24, 2019

    Regulators Wary Of Moving Too Fast On Fintech Rules

    U.S. regulators remain cautious about imposing strict regulatory structures on fintech companies, a pair of federal officials said Wednesday, suggesting that regulatory sandboxes could be a better option in the near-term.

  • April 24, 2019

    Firms, In-House Attys Predict Hike In Cybersafety Spending

    More than three-quarters of law firms and corporate legal departments plan to increase their spending on cybersecurity during the next year, according to the results of a Robert Half Legal survey announced Wednesday.

  • April 24, 2019

    Facebook Expects FTC Privacy Fine Of Up To $5B

    Facebook expects to be fined between $3 billion and $5 billion by the U.S. Federal Trade Commission for privacy lapses, in what would dwarf previous penalties the agency has given to technology giants, the company said Wednesday.

Expert Analysis

  • In SEC's Remediation Model, Hard Choices For ICO Issuers

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    Recent guidance from the U.S. Securities and Exchange Commission may help issuers avoid having their future initial coin offerings categorized as unregistered securities offerings. But for past ICOs, issuers must rely on the SEC's remediation process, and should consider two key questions before proceeding, says Kayvan Sadeghi of Schiff Hardin.

  • Illinois Courts Will Continue To Interpret BIPA Broadly

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    Against the backdrop of the Illinois Supreme Court's Biometric Information Privacy Act opinion in Rosenbach v. Six Flags, an Illinois appellate court's recent decision in Liu v. Four Seasons reinforces that companies must carefully design and implement stringent BIPA policies to protect against class actions and related liability, say attorneys with Eversheds Sutherland.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • 'Act Of War' Questions In Cyberattack Insurance Case

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    Mondelez's suit against Zurich over coverage for the NotPetya ransomware attack is the first time a war exclusion has been litigated in the cyber insurance context, and it could have a significant impact on property and cyber policies, say Daniel Garrie and Peter Rosen of JAMS.

  • New FinCEN Action Is A Warning To P2P Crypto Exchangers

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    The Financial Crimes Enforcement Network recently assessed its first civil penalty against a peer-to-peer exchanger of convertible virtual currency, indicating that virtual currency exchanges of any size that fail to comply with the Bank Secrecy Act do so at their own peril, say Wade Thomson and E.K. McWilliams of Jenner & Block.

  • What We Heard At The FTC Hearings: Days 20 And 21

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    The 12th hearing in the Federal Trade Commission’s series on competition in the 21st century reflected substantial evolution in the policy debate over consumer privacy regulation, say attorneys with Perkins Coie.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • TCPA Questions Loom As 11th Circ. Considers 3 Cases

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    As Florida district courts grapple with how to interpret certain aspects of the Telephone Consumer Protection Act, three upcoming TCPA decisions from the Eleventh Circuit could offer guidance on how dialing systems and consent issues will be analyzed, say Ian Ross and Adam Foslid of Stumphauzer Foslid.

  • Genetic Testing Is On FTC's Radar

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    Recent Federal Trade Commission blog posts suggest potentially increased interest in the genetic testing arena, and the vague recommendations they offer may give the FTC broad latitude from an enforcement perspective, say attorneys at Moses & Singer.