Cybersecurity & Privacy

  • October 15, 2021

    Ex-FTC Chair To Aid Maryland AG With Privacy, Antitrust Work

    A former head of the Federal Trade Commission is joining the Maryland attorney general's office to help boost the enforcer's growing efforts to manage emerging data privacy, technology and antitrust issues, the office said Thursday.

  • October 15, 2021

    Appeal Sought Over Chancery's Facebook Class Counsel Pick

    Block & Leviton LLP and Heyman Enerio Gattuso & Hirzel LLP sought a mid-case appeal Friday over a ruling granting class counsel leadership for Delaware stockholder litigation over Facebook security lapses, arguing that the Chancery's choice was both faulty and potentially overbroad.

  • October 15, 2021

    Google Users Push For Class Cert. In Chrome Privacy Suit

    Chrome browser users who are accusing Google of collecting personal data from them without permission are pressing U.S. District Judge Lucy Koh to allow them to proceed as a certified class, arguing that the tech giant made nearly identical privacy promises to all proposed class members.

  • October 15, 2021

    DC Circ. Urged To Void House Panel's Bid For Trump Docs

    A subpoena from a congressional committee seeking certain financial documents from former President Donald Trump's longtime accounting firm implicates significant separation-of-powers concerns that justify voiding the request, his attorneys told the D.C. Circuit.

  • October 15, 2021

    7th Circ. Affirms Remand Of BIPA Suit Against Illinois Grocer

    A Seventh Circuit panel said Friday that a federal judge was right to remand a biometric privacy lawsuit against an Illinois grocery chain to state court, citing a home-state exception in the Class Action Fairness Act and saying the chain waited too long to remove the case.

  • October 15, 2021

    Treasury Issues Sanctions Compliance Guide Aimed At Crypto

    The Office of Foreign Assets Control on Friday published a compliance guide for digital asset companies as part of its ongoing efforts to crack down on ransomware attacks and the use of cryptocurrencies to avoid sanctions.

  • October 15, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    Kemper Strikes $17.6M Deal To End Data Breach Litigation

    Kemper Corp. and subsidiary Infinity Insurance Co. have entered a settlement valued around $17.6 million to end litigation over claims stemming from two data breaches that gave hackers access to customers' personal information, a proposed customer class said Thursday.

  • October 15, 2021

    Pardoned Ex-Observer Editor In Plea Talks For NY Charges

    A former New York Observer editor-in-chief charged by the Manhattan district attorney with cybercrimes after President Donald Trump pardoned him for similar federal charges told a state judge Friday that he is looking to strike a deal.

  • October 14, 2021

    Zendesk Wants 9th Circ. To Affirm Ax Of Investors' Breach Suit

    Software company Zendesk is urging the Ninth Circuit to uphold the dismissal of a putative securities class action accusing it of concealing a 2016 data breach, arguing that it never lied to or misled investors about the strength of its data security program. 

  • October 14, 2021

    4 Accused Of Sweeping $7.6M COVID Fraud Scheme

    Four people were accused Thursday of bilking $7.6 million in federal coronavirus aid by collecting personal information from more than 1,000 people and using it to submit a flurry of bogus benefits applications in exchange for kickbacks.

  • October 14, 2021

    Facebook Resists Sharing Private Posts In Myanmar Case

    Facebook urged a D.C. federal judge to reconsider part of its "sweeping and unprecedented" order that would grant Gambia access to users' private communications on its platform, citing "severe unintended consequences" of doing so.

  • October 14, 2021

    Rosen Law To Lead Didi Investor Suit Over China Crackdown

    The Rosen Law Firm PA beat out nine other firms in a bid to represent a putative class of investors in the Chinese ride-hailing giant Didi Global Inc. who sued the company after a crackdown by its home nation's government over alleged data security violations that led its stock to slip below its initial public offering price.

  • October 14, 2021

    Fenwick-Led Software Company Among 3 IPOs Raising $1.2B

    Fenwick-led software development platform GitLab began trading Thursday after pricing an $801 million initial public offering that was above its range, leading two other newly minted public companies that raised a combined $1.2 billion.

  • October 14, 2021

    Fed. Judiciary Invites Probes Of Websites For Vulnerabilities

    The U.S. federal courts system has declared open season on its own websites, rolling out a new policy that allows cybersecurity researchers to test for vulnerabilities to strengthen defenses against malicious actors, a move that's part of a broader adoption of those tactics across the federal government.

  • October 13, 2021

    Facebook Can Process Data Without Consent: Irish Watchdog

    Facebook does not need to get consent to process European users' data if the users agree to terms of service, Ireland's Data Protection Commissioner has said in a draft ruling that an activist claims endorses a "legal trick" that "undermines" EU privacy laws.

  • October 13, 2021

    NJ Fertility Clinic Inks Deal To Settle AG's Data Breach Probe

    A New Jersey fertility clinic has agreed to pay $425,000 and strengthen its data security to resolve claims that it failed to put adequate measures in place to protect health information that was swept up in a data breach that affected nearly 15,000 patients, the state attorney general said Tuesday.

  • October 13, 2021

    DC Circ. Balks At DOJ In Fight To ID Mueller Probe Witnesses

    Two D.C. Circuit judges chided the U.S. Department of Justice on Wednesday over its explanation to withhold information about former special counsel Robert Mueller's decision not to bring campaign finance charges against Trump 2016 campaign officials even though their identities were released in public documents.

  • October 13, 2021

    Crypto Miner, Winery Launch Plans For 2 IPOs Totaling $175M

    Alternative energy cryptocurrency miner Stronghold Digital Mining Inc. and California winery Winc Inc. joined a crowded initial public offerings pipeline Wednesday, setting price ranges on IPOs that could raise $175 million combined, guided by four law firms.

  • October 13, 2021

    Vivint Says ADT's The One Tricking Customers Into Switching

    Vivint Smart Home Inc. has pushed back against allegations from rival home security provider ADT that it tricks customers into switching services, telling a Florida federal court that ADT has been attracting its customers away by lying and making disparaging statements.

  • October 13, 2021

    Albanian-American Group Takes Control Fight To Chancery

    A year-old Albanian-American friendship and cooperation group asked Delaware's Chancery Court on Wednesday to order the return of the group's financial accounts, email, trade names and other assets from two founding trustees who allegedly grabbed control without notice.

  • October 12, 2021

    High-Ranking DOD Official Sues Over Suspension Limbo

    The U.S. Department of Defense official chosen to launch a new cybersecurity program for government contractors sued the department Tuesday in D.C. federal court, saying she was "left dangling" as to why she was placed on leave and her security clearance suspended.

  • October 12, 2021

    Judge Says Security Co. Has Proved Cybersquatting By Rival

    A federal magistrate concluded Tuesday that a Florida-based security firm should be granted a judgment on cybersquatting claims against a nearby rival for creating a false Instagram page in its name and registering confusingly similar website domains, but he recommended awarding significantly less in damages than requested and denying additional bids for pretrial victories.

  • October 12, 2021

    Dominion, MyPillow At Odds Over Court's Jurisdiction

    A D.C. federal judge has agreed to weigh in on a standoff between US Dominion Inc. and MyPillow Inc. concerning whether he currently has jurisdiction over the pillow manufacturer and its CEO Mike Lindell, who are both challenging his recent refusal to dismiss the voting machine company's defamation case against them.

  • October 12, 2021

    Former Delta Unit Can't Dodge Ex-Worker's BIPA Claims

    An Illinois federal judge on Monday refused to dismiss a former employee's proposed class action accusing an airport baggage handling company of violating the Illinois Biometric Information Privacy Act, saying the claims weren't preempted by federal aviation law or the state's workers' compensation statute.

Expert Analysis

  • Breyer's Defense Of Privacy Challenges Media Overreach

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    As courts continue to weigh freedom of the press against the importance of personal privacy, U.S. Supreme Court Justice Stephen Breyer's jurisprudence has repeatedly made it clear that the media have no constitutional right to engage in unlawful conduct, say David Elder at Northern Kentucky University and Neville Johnson at Johnson & Johnson LLP.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • A Primer On DOL Probes For ERISA Plan Service Providers

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    As the U.S. Department of Labor shifts its enforcement resources from Employee Retirement Income Security Act plan sponsors to financial institutions that service such plans, nonfiduciary providers should know what to expect and how to respond to agency investigations, say attorneys at Groom Law Group.

  • Takeaways From The Latest Proposed Competition Legislation

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    Maggie Crosswy and William MacLeod at Kelley Drye examine over 30 bills before the House and Senate that would alter the U.S. competition and consumer protection landscape, explaining what they propose, where they stand and why they matter.

  • What Fla. DNA Privacy Law Means For Health Care Providers

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    Florida's new Protecting DNA Privacy Act clarifies protections for individuals' genetic information and is more stringent than federal law in some ways, so health care providers with patients in Florida may need to revisit their DNA collection and analysis processes, say David Peloquin and Elana Bengualid Harary at Ropes & Gray.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • FTC's Hasty Health Data Rule Change Could Cause Confusion

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    The Federal Trade Commission's recent policy statement expanding the scope of its Health Breach Notification Rule appears to bypass appropriate administrative processes and may delay effective privacy and security policies that can advance interoperability and health innovation, says Jodi Daniel at Crowell & Moring.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Opinion

    Arbitration's Supposed Benefits Don't Measure Up

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    Arbitration is a sham, not because it is worthless, but because most of its benefits can be obtained in litigation, and other benefits that lack a parallel in litigation do not incur mutually to the parties, says Paul Stephan at Cohen Milstein.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Ill. BIPA Ruling May Significantly Affect Insurers' Exposure

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    In Tims v. Black Horse Carriers, an Illinois state appeals court held that certain claims under the Illinois Biometric Information Privacy Act are subject to a one-year statute of limitations only, which may reduce commercial general liability insurers’ exposure to litigation under this act for several reasons, say attorneys at Kennedys.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

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