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Top Cyber Lawyers 2019


Jan. 23, 2019

Cyber/AI


In This Issue:

9th U.S. Circuit Court of Appeals, Constitutional Law, U.S. Supreme Court

Circuit split underscores the need for strategic thinking in defending cybersecurity class actions

The 6th, 7th, 9th and D.C. Circuits have set a lower bar for what satisfies the requirements for Article III standing in a cybersecurity case than the 2nd, 3rd, 4th and 8th Circuits.

Corporate, Civil Litigation

Shareholder cyber litigation: What boards must know

These lawsuits range from traditional shareholder derivative lawsuits to class action lawsuits to stock-drop securities fraud related lawsuits.

Administrative/Regulatory, Government, Labor/Employment

Problems with the California Consumer Privacy Act

Anyone familiar with the California Consumer Privacy Act of 2018 origin story knows that the law was largely passed — swiftly and with overwhelming support from industry groups, including major tech companies — to avoid a far more expansive ballot initiative.

Constitutional Law, Civil Litigation

What about standing when a hack is only theoretical?

Cases involving no real world breach or hack are likely to become increasingly prevalent, as more consumers purchase products controlled by computers or linked to the internet, such as self-driving cars.

Administrative/Regulatory, Civil Litigation

Google awarded summary judgment in BIPA class action

This decision raises unresolved questions about how to appropriately balance consumers’ control over their personal information while limiting their ability to enforce violations of privacy statutes.

Administrative/Regulatory, Government

Data breach bill would create federal notification standard

The bill aims to amend the breach notification standards by adding language that financial institutions must establish procedures to protect consumer information, “including through the provision of a breach notice in the event of unauthorized access that is reasonably likely to result in identity theft, fraud, or economic loss.”

Administrative/Regulatory, Government, Labor/Employment

Employee privacy under the California Consumer Privacy Act

Unlike many other consumer rights statutes, the CCPA is not limited to consumers at all. The statute defines the term “consumer” to mean “a natural person who is a California resident.”

Administrative/Regulatory, Government

Pai squeezed in jab at efforts to restore net neutrality

On his last full day at work before the Federal Communications Commission closed its operations due to the longest government shutdown in U.S. history, FCC Chairman Ajit Pai squeezed in one last jab at efforts to restore federal network neutrality rules.

Civil Litigation

The New Year: Important privacy cases to track in 2019

The coming year is likely to see important legal decisions on one of the central issues in cybersecurity law: Can plaintiffs pursue damage claims for technical violations of data privacy requirements when they have suffered no actual harm?

Ian C. Ballon

Greenberg Traurig LLP

Jonathan H. Blavin

Munger, Tolles & Olson LLP

Sarah Bruno

Arent Fox LLP

Craig Cardon

Sheppard Mullin Richter & Hampton LLP

Helen Christakos

Alston & Bird LLP

Natasha G. Kohne

Akin Gump Strauss Hauer & Feld LLP

M. Scott Koller

Baker & Hostetler LLP

Travis LeBlanc

Cooley LLP

Kristin A. Linsley

Gibson, Dunn & Crutcher LLP

Tyler G. Newby

Fenwick & West LLP

Gretchen Ramos

Greenberg Traurig LLP

Gabriel M. Ramsey

Crowell & Moring LLP

Michael Rubin

Latham & Watkins LLP

Andrew B. Serwin

Morrison & Foerster LLP

Michael W. Sobol

Lieff Cabraser Heimann & Bernstein LLP

John A. Vogt

Jones Day

Donna L. Wilson

Manatt, Phelps & Phillips LLP