Cybersecurity & Privacy

  • May 29, 2020

    Ex-Judges Slam Flynn's Appeal In Dismissal Bid Fight

    A group of retired federal judges urged the D.C. Circuit on Friday to reject a petition by Michael Flynn asking the appeals court to order a judge to immediately grant the Trump administration's controversial request to dismiss the criminal case against the president's former national security adviser.

  • May 29, 2020

    Intel Chief Declassifies Transcripts Of Flynn's Russia Calls

    Newly confirmed Director of National Intelligence John Ratcliffe on Friday declassified the highly sought-after transcripts of Michael Flynn's conversations with a Russian ambassador to the U.S. during President Donald Trump's transition to office in December 2016.

  • May 29, 2020

    NJ Doc Can't Escape Sanctions For Giving Attys Patient Info

    A prominent New Jersey psychologist whose license was suspended after he disclosed sensitive patient information to debt collection attorneys is stuck with more than $100,000 in sanctions after a state appellate court found his violations were egregious.

  • May 29, 2020

    Sens. Join Call For FTC To Probe How TikTok Uses Kids' Data

    A bipartisan group of U.S. senators on Friday stepped up pressure on the Federal Trade Commission to investigate whether popular video-sharing app TikTok is "blatantly flouting" a deal with the commission that required it to significantly strengthen its children's privacy protections, a push that came just a day after more than a dozen U.S. House Democrats issued a similar call. 

  • May 29, 2020

    COVID-19 IP Catch-Up: Remdesivir Access, Zoom TM Security

    The novel coronavirus pandemic has continued to cause delays and waivers in the patent and trademark worlds, and also has led to questions about who owns the rights to a key antiviral drug and whether Zoom should be concerned about its trademark.

  • May 29, 2020

    Ligado Opposes NTIA's Push To Stall 5G Plan Approval

    Satellite operator Ligado Networks pushed back on the U.S. Department of Defense's bid to nix its planned 5G network by defending the Federal Communications Commission's green light for the project in a filing Friday.

  • May 29, 2020

    Twitter, Reddit Say Social Media Visa Rules Limit Free Speech

    Twitter, Reddit and an e-commerce trade group backed two documentary film organizations' challenge to a U.S. Department of State requirement for overseas visa applicants to turn over their social media handles, saying it would limit anonymous free speech.

  • May 29, 2020

    Top Golf, Ex-Workers Say BIPA Standing Ruling On Their Side

    Top Golf USA Inc. and a group of former workers have staked out opposing positions on whether the Seventh Circuit's recent ruling on federal standing in Illinois biometric privacy litigation helps or hurts the company's attempt to keep the dispute in federal court.

  • May 29, 2020

    LA Sheriff's Attys Survive DQ Bid In Race Bias Suit

    A California federal judge has denied a bid to disqualify a firm from representing the Los Angeles County Sheriff's Department in a civil rights case because it employed a paralegal who once worked for the firm representing the man who filed the case, rejecting allegations that the worker "switched sides."

  • May 29, 2020

    TCL, Canon Settle IP Suit Amid Roku Source Code Fight

    Canon Inc. and TCL Electronics Holdings Ltd. told a Texas federal judge Friday they had cut a deal to resolve Canon's infringement suit over the TCL Roku TV, likely leaving unanswered whether Canon can get remote access to third-party Roku's source code during the coronavirus pandemic.

  • May 29, 2020

    Pot Marketing Co. Wants TCPA Suit Paused For High Court

    A cannabis marketing company has asked a California federal court for a timeout in a proposed class action over unwanted texts, saying the fate of the law that consumers are suing under hangs in the balance before the U.S. Supreme Court.

  • May 29, 2020

    EasyJet Hit With £18B Class Action Testing Value Of Privacy

    More than 6,000 EasyJet customers are gearing up to test European Union data rules in a group lawsuit seeking damages from the airline after a cyberattack left their personal details exposed to hackers, lawyers representing the claimants said.  

  • May 29, 2020

    Fraudsters Exploiting COVID-19 Cheat Britons Out Of £4.6M

    More than 2,000 Britons have lost over £4.6 million ($5.7 million) to fraudsters seeking to exploit fears over the COVID-19 pandemic, figures published Friday reveal.

  • May 28, 2020

    Ex-Cafe Worker Must Fix $3.2M Deal In Biometric Data Case

    An Illinois federal judge on Thursday rejected a former cafe employee's proposed $3.2 million settlement she'd hoped would end her proposed class action alleging Corner Bakery Cafe misused its employees' biometric data, ruling that it wrongly limits class members' ability to object to the deal or appeal.

  • May 28, 2020

    NSA Warns On Russian Military Launching New Cyberattacks

    The same Russian military unit that U.S. officials say hacked Democratic National Committee servers to interfere with the 2016 presidential election is actively attacking vulnerable email servers across the globe, the U.S. National Security Agency warned Thursday in a rare public alert.

  • May 28, 2020

    Pa. Hospital Must Hand Over Reports In Patient Death Suit

    A Pennsylvania appeals court on Thursday ordered a hospital to produce about two years' worth of incident reports in a suit over an emergency room patient's death, saying the hospital could protect any privileged patient information and thus had no grounds to object.

  • May 28, 2020

    Ripple Securities Suits Consolidated In Calif. Federal Court

    Two cases against Ripple Labs Inc. that allege the company engaged in an unregistered securities offering of the digital currency XRP were consolidated Thursday by a California federal judge aiming to avoid inconsistencies addressing the "novel and nuanced" questions at play.

  • May 28, 2020

    House Dems Ask FTC To Probe TikTok Over Kids' Privacy Deal

    More than a dozen U.S. House Democrats are pushing the Federal Trade Commission to look into allegations that TikTok blatantly disregarded a deal with the agency that required it to bolster its privacy protections for children, joining a chorus of advocacy groups and other lawmakers who have raised questions about the popular video-sharing app's collection and use of personal data. 

  • May 28, 2020

    Pediatric Home Care Giant Aveanna Hit With Data Breach Suit

    Aveanna Healthcare LLC was hit with a proposed class action in Georgia federal court Thursday alleging the Atlanta-based pediatric home care provider got hacked as a result of its lax digital security practices, then failed to help individuals whose sensitive data may have been stolen.

  • May 28, 2020

    Perkins Coie Nabs Gibson Dunn Alum As New Privacy Partner

    Perkins Coie LLP has announced the hiring of a privacy and security law specialist with more than a decade of experience at Gibson Dunn & Crutcher LLP as the newest partner to join the Palo Alto, California, office of the Seattle-based firm.

  • May 28, 2020

    White House Order To Tackle Twitter Bias On Shaky Ground

    President Donald Trump signed an executive order Thursday urging the Federal Communications Commission to regulate big tech platforms, inflaming a long-simmering debate over the agency's authority to police internet content.

  • May 28, 2020

    Advocacy Orgs Say Clearview AI Broke Biometric Privacy Law

    The American Civil Liberties Union and other advocacy groups hit Clearview AI Inc. with a lawsuit in Illinois state court Thursday claiming the facial recognition technology company has violated the biometric privacy rights of their members, program participants and other Illinois residents on a "staggering scale."

  • May 28, 2020

    Trump Tweets Kill Bipartisan FISA Surveillance Bill

    House Democratic leaders on Thursday canceled votes to reauthorize lapsed national security surveillance powers with some changes meant to prevent abuses, dropping a previously bipartisan bill after President Donald Trump tweeted that Republicans should oppose it.

  • May 28, 2020

    Macy's Says No Harm, No Suit Over Major Data Breach

    A proposed class of Macy's shoppers cannot show that a 2019 data breach harmed them in any concrete way, the retail giant told a Massachusetts federal judge late Wednesday in a bid to have the case tossed.

  • May 27, 2020

    Request To Extradite Huawei Exec Clears Key Benchmark

    A Canadian court on Wednesday removed a key barrier for the potential extradition to the U.S. of Huawei top executive Meng Wanzhou to face charges in New York stemming from a purported scheme to deceive banks about Huawei's operations in Iran.

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Where We Are In The US Trade Secret Crackdown On China

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    As the U.S. Department of Justice continues to focus on prosecuting trade secret theft by China, U.S. companies are also filing private civil lawsuits against Chinese companies in federal courts, relying on both the Defend Trade Secrets Act and state trade secret laws, say attorneys at Wiggin and Dana.

  • 7 Considerations For BIPA Class Action Defense

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    Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Justices Should Construe Computer Fraud Law Narrowly

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    In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

  • 6 Considerations For Medical Staff's Virtual Peer Reviews

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    Today's need for social distancing creates unique challenges for hospitals in ensuring that medical staff peer reviews can proceed properly and fairly using remote hearing procedures, says Ron Ravikoff at JAMS.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • New Risk Of Whistleblower, Retaliation Claims In Health Care

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    Pandemic circumstances put health care facilities in a bind — they must continue to treat their patients, protect patient privacy, and ensure they have sufficient staff who are ready and willing to work, while also protecting themselves from the heightened threat of whistleblower and retaliation lawsuits, say attorneys at Pepper Hamilton.

  • Strategies For Defending FTC Investigations During Pandemic

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    Companies can prepare for Federal Trade Commission privacy and consumer protection investigations by taking practical and effective steps to meet their obligations while also minimizing burden and streamlining the process in light of the challenges posed by the pandemic, say attorneys at Perkins Coie.

  • Opinion

    Flynn Contempt Inquiry Is Vital To Judicial Independence

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    The D.C. Circuit should uphold the district court's authority to investigate whether Michael Flynn acted in criminal contempt, which is important for affirming judicial independence in this era of partisan prosecuting, says Harold Krent at Chicago-Kent College of Law.

  • CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

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    As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

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